Published a couple of hours ago on the APCMAG site. Way too much data to cross-post into here, so here is the link and intro.
[quote]
http://apcmag.com/why_iinet_will_probably_lose_the_piracy_lawsuit.htm
Why iiNet will probably lose the piracy lawsuit
Dan Warne22 November 2008, 12:41 AM
A look at the Copyright Act suggests the movie
and TV industry have an unfortunately strong case
against iiNet. PLUS: Read the court documents yourself.
[/quote]
and
[quote]
the Copyright Act makes clear that an infringement doesn’t need to be proven first in order for an ISP to be liable for allowing it to happen. The group of movie studios suing iiNet are represented by the same lawyer (Michael Williams of Gilbert+Tobin) who sued Kazaa and won, and also successfully sued Stephen Cooper and his ISP E-Talk Communications for the MP3s4free.net website.
In those lawsuits, the industry didn't have to prove the copyright infringements were taking place before it sued the providers — the court accepted evidence during the cases of the infringements.
Unfortunately for iiNet, the law is angled in favour of copyright holders, not ISPs.
[/quote]
Which ever way you want to look at it, with ILCF being brought into play from our elected government side of things, and Big Business bringing legal pressures to bear from their copyright infringements and profit-loss side of things, it certainly doesn't look like a very good time to be a traditional sort of ISP at the moment.
Seems to me that ISPs interested in maintaining profits and avoiding fines etc, are going to have to learn to jump through a whole new bunch of hoops in the near future.
regarDS
Saturday, November 22, 2008
Posted @ whirlpool - ILCF pt12
When are we going to start holding Energex responsible for providing the electricity which makes this all possible?
Electricity production is a State affair isn't it ... and how much of it is foriegn owned at that ?
Better idea is to hit the actual telcos for what they mule ... but not before telstra has been totally sold off.
OTOH, here is another idea I shared on another forum re: another method of ILCF that could be done if Whirlpool is correct in what they say here:
From: http://whirlpool.net.au/wiki/?tag=WP_Censorship
[QUOTE]
Censorship & Freedom of Speech
Under Australian law, the only protected form of speech is that of a political nature, and even then, it's only protected from governmental interference. Private entities can not, by definition, be guilty of censorship. Whirlpool is a private web site – owned and operated by an individual.
In short, you have no "freedom of speech" on Whirlpool, nor is the cry of "censorship" at all valid.
In the interest of fairness and balance, as well as to help focus and improve quality of discussion, there is a team of moderators who have the ability to remove posts and threads from the public eye. There are many legitimate reasons for a moderator to remove comments, which are outlined elsewhere in the Forum Rules.
[/QUOTE]
My idea for better ILCF based on the above ?
"So, a simple solution for The Government of Oz re: controlling the internut would be to buy back Telstra and out-compete/banish all foreign intrusions into Oz communications by making access to the Public Owned Telstra communication system free for all domestic telephone and net access.
Then, after the public are well and truly addicted to the freeness of it all, blat/block to hearts content anything muled about on the infrastructure and delivered via url, etc, and not have to worry the slightest about any "waa, waa, waa"ing from the public plugged into the free communications, because after all, if it ain't political speech it has no protection anyway."
regarDS
Electricity production is a State affair isn't it ... and how much of it is foriegn owned at that ?
Better idea is to hit the actual telcos for what they mule ... but not before telstra has been totally sold off.
OTOH, here is another idea I shared on another forum re: another method of ILCF that could be done if Whirlpool is correct in what they say here:
From: http://whirlpool.net.au/wiki/?tag=WP_Censorship
[QUOTE]
Censorship & Freedom of Speech
Under Australian law, the only protected form of speech is that of a political nature, and even then, it's only protected from governmental interference. Private entities can not, by definition, be guilty of censorship. Whirlpool is a private web site – owned and operated by an individual.
In short, you have no "freedom of speech" on Whirlpool, nor is the cry of "censorship" at all valid.
In the interest of fairness and balance, as well as to help focus and improve quality of discussion, there is a team of moderators who have the ability to remove posts and threads from the public eye. There are many legitimate reasons for a moderator to remove comments, which are outlined elsewhere in the Forum Rules.
[/QUOTE]
My idea for better ILCF based on the above ?
"So, a simple solution for The Government of Oz re: controlling the internut would be to buy back Telstra and out-compete/banish all foreign intrusions into Oz communications by making access to the Public Owned Telstra communication system free for all domestic telephone and net access.
Then, after the public are well and truly addicted to the freeness of it all, blat/block to hearts content anything muled about on the infrastructure and delivered via url, etc, and not have to worry the slightest about any "waa, waa, waa"ing from the public plugged into the free communications, because after all, if it ain't political speech it has no protection anyway."
regarDS
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