Another Court challenge won’t stop illegal downloads
24 March 2011: Another court challenge to last month’s Full Federal Court judgment which dismissed allegations of copyright breaches will not stop illegal downloading, even if successful, iiNet’s Chief Executive Officer Michael Malone said today.
Responding to the decision by film and television studios to seek special leave to challenge the finding in the High Court, Mr Malone said more legal proceedings were not a solution.
Mr Malone said the two-year legal case had not stopped one illegal download and further legal appeals will not stop piracy.
“It’s time for the film industry and copyright holders to work with the industry to make their content legitimately available,” Mr Malone said.
He said iiNet had received an overwhelming response to the model it released earlier this month that would see an independent body responsible for verifying claims of copyright infringement and determining any penalty.
“The feedback has been very positive from both consumers and the industry. It’s time to start implementing this new approach.”
The paper, Encouraging Legitimate use of On-line Content, argues that while movie studios spend millions of dollars marketing and creating a demand for their products they do not make the content easily and readily available.
“People are crying out to access the studios materials, so much so some are prepared to steal it.
“A more effective approach would be for the studios to make their content more readily and cheaply available online.
“But we also recognise that regardless of the availability or timely, reasonably priced content, some individuals will continue to try to source content illegally.
“That’s why we have developed a model to deal with infringement activity.
“Our model addresses ISP concerns but is one we think remains attractive to all participants, including the sustainable strategy of an impartial referee for the resolution of disputes and the issue of penalties for offenders.
“We believe that an independent umpire is the only way we can ensure natural justice and protect customer privacy, while allowing copyright owners their rights to pursue alleged infringers,” Mr Malone concluded,” he said.
Mr Malone said if the movie studios were serious about stopping illegal downloads they would join with the industry in genuine talks to implement a new workable solution.
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