Telco industry body responds to Govt’s Online Copyright Infringement Discussion Paper

Australia’s telecommunications industry body has submitted its response to the Government’s Online Copyright Infringement Discussion Paper.

The Paper’s most polarising suggestion was to extend authorisation liability, where copyright holders would be given certain rights to hold ISPs responsible. Now, the Communications Alliance, whose members include Australia’s largest Internet Service Providers (ISP) Telstra, Optus, iiNet and Vodafone has responded.

The 26-page response obtained by Sydney Morning Herald suggest ISPs are open to blocking users who connect to infringing websites to download music, TV or film after they have received three warning letters, aka the ‘three strikes’ system.

However, in response to the suggestion that infringers should have their connection speed reduced by ISPs – a suggestion reportedly supported by Graham Burke, co-CEO of Village Roadshow Australia – the Communications Alliance disagree arguing that in some circumstances customers may not even be responsible for any improper activity.

The Communications Alliance has suggested we look further toward the UK’s Follow the Money strategies; one strategy already implemented uses a new system which detects the content of websites that advertising companies do not want to be associated with and displays a police warning instead. The strategy, part of the UK’s Operation Creative, is designed to reduce the flow of advertising funds to websites which promote illegal file-sharing.

The CA has also suggested its own contribution to combat online piracy, proposing rights holders should ensure consumers can access lawful, affordable content in a timely fashion.

“This should include efforts to end geo-blocking, and remove the price differential that sometimes applies to content downloaded lawfully in Australia, compared to prices charged for identical downloads in countries such as the USA,” the CA’s response says.

In its submission, the Communications Alliance has expressed its overall disappointment with the Government’s side-stepping regarding costs incurred by ISPs in undertaking actions.

“The Government appears reticent to provide consistent, direct advice or prescription on the questions of whether rights holders should reimburse the reasonable costs incurred by ISPs when undertaking activities to counter online copyright infringement.”

The submission recalls earlier discussions between major ISPs and rights holders about a proposed dollar-for-dollar contribution to educational programs and the creation of a mechanism of appeal for consumers who might believe they have been falsely accused of infringement.

“If agreement was reached on the reimbursement point outlined above, then a sensible discussion could be held between Government, ISPs and rights holders on how best to fund the public education elements of any program,” reads the Communications Alliance’s submission.

The deadline for public submissions to respond to the Discussion Paper is today. On Tuesday September 9 the Minister for Communications, the Hon Malcolm Turnbull MP, will be hosting an Online Copyright Infringement Forum with a panel of key industry figures in Sydney. The forum will be webcast live here.