International News

AUSTRALIAN telcos have quietly begun negotiating with copyright holders to stamp out online piracy.

This comes as Hollywood interests pursue a landmark legal bid in the Federal Court to hold ISPs to account for content theft.

Industry peak body the Communications Alliance has been in secret talks with the Australian Content Industry Group to fix the problem since before the last major ruling in the trial was handed down last month.

The ACIG represents major rights holder bodies in Australia including APRA-AMCOS, the Australian Recording Industry Association, Microsoft, Music Industry Piracy Investigations and the Australian Publishers Association.

Communications Alliance chief John Stanton revealed the negotiations late last week.

An ACIG spokeswoman, MIPI general manager Sabiene Heindl, confirmed that the ACIG was negotiating with telcos.

"Representatives of the ACIG are in discussions with Communications Alliance about an industry-led model to discourage illegal file-sharing of content and facilitate and encourage legal content consumption online," she said.

"Those discussions are continuing."

The Australian Federation Against Copyright Theft, which acted on behalf of 34 entertainment companies to bring the copyright claims against iiNet in Australia, said it had been aware of the talks but had not participatedso far.

AFACT chief Neil Gane said it came as no surprise that the alliance had chosen to reveal the talks after the ruling.

"We were aware of these discussions," Mr Gane said.

"We are not surprised the Comms Alliance seeks to raise discussions that were held pre-judgment. We have no doubt all rights holders will be carefully considering their position since the decision."

Mr Stanton declined to reveal the alliance's legal view on last month's ruling.

"I have read the judgment. I have my own impressions of what it means but I am not providing legal advice to my members about it at this stage," he said.

In a two-to-one ruling, the Federal Appeal Court upheld preliminary trial judge Denis Cowdroy's decision that iiNet could not be held responsible for acts

of copyright infringement by its customers.

The internet industry celebrated it as a victory but AFACT's lawyers were also buoyant by the ruling, arguing that appeal judges overturned crucial arguments put forward by Justice Cowdroy.

The group has been trying to convince the court that iiNet authorised its customers to use file-sharing software to breach copyright by it refusing to send them infringement notices prepared and sent by AFACT investigators.

According to AFACT, its appeal primarily failed on a technicality over the quality of the notices and appeal judge John Nicholas erred in applying long-established copyright infringement tests.

AFACT has revealed it would apply for special leave to appeal the ruling to the High Court.

(Original Link)

http://www.theaustralian.com.au/australian-it/telcos-in-secret-talks-to-stamp-out-online-piracy/story-e6frgakx-1226029669034