IPwars.com

Mainly intellectual property (IP) issues Down Under

Blocking injunctions – the Bill

The Commonwealth Government has introduced into Parliament the Copyright Amendment (Online Infringement) Bill 2015. This bill will implement the the Government’s proposal for injunctions requiring ISPs to block access to offshore websites that infringe copyright.

Online copyright infringement reforms announced

Government gives industry last chance to agree industry code before imposing one and will introduce injunctions to block access to 3rd party websites

Dallas Buyers Club sues to identify internet subscribers

Dallas Buyers Club LLC seeks preliminary discovery to identify alleged unauthorised downloaders of the film

Attorney-General on copyright reform DownUnder

The Attorney-General has given a speech outlining what looks like a major effort to reform copyright law

Roadshow v iiNet

The High Court has unanimously dismissed Roadshow’s appeal in the case against iiNet. On a first look, there are some references suggesting that our law is being brought back in line with the UK (CBS v Amstrad) and Canada (CCH Canada v Law Society of Upper Canada). Consideration will have to await further review. Although unanimous, there are 2 judgments: as in iceTV, French CJ, Crennan and Kiefel JJ in.. Read More

ISP gets DMCA win in USA

The Ninth Circuit has affirmed the trial court’s summary dismissal of UMG copyright claims against Veoh on the basis of §512(c) – the ‘hosting’ safe harbour. UMG argued 3 reasons why §512(c) did not apply: First, UMG argues that the alleged infringingactivities do not fall within the plain meaning of “infringe-ment of copyright by reason of the storage [of material] at thedirection of a user,” a threshold requirement under§ 512(c)(1)… Read More

ISPs and filtering

While we wait with bated breath for the High Court’s deliberations on Roadshow v iiNet (transcript of hearing here, here and here), it is worth noting that the CJEU (formerly the ECJ) has struck down an injunction against an ISP which required the ISP to monitor all its users’ traffic and filter (block) copyright infringing material. SABAM, the Belgian authors’ collecting society (counterpart to APRA) obtained an interlocutory injunction against.. Read More

Copyright safe harbour scheme

Links to the Consulatation Paper on the Copyright safe harbour scheme for carriage service providers. Broadly, the safe harbour schemes provide some protection from some remedies for carriage service providers: Category A – acting as a conduit for internet activities by providing facilities for transmitting, routing or providing connections for copyright material Category B – caching through an automatic process Category C – storing copyright material on their systems or.. Read More

ACTA coming a little bit more out of the shadows

Michael Geist has a link to the leaked EU comments on the chapter for third party liability on the internet – being drafted by the USA. The Guardian has weighed into the debate. Kim Weatherall has emerged from her self-imposed seclusion to comment here, here and here. DFAT’s must recent summary and overview of key elements. Anondyne USTR statement.

Irish ISP and 3 strikes

IPKat reports that the case in Eire in which the record companies sued the ISP, Eirecom, has settled after 8 days of the scheduled 4 weeks of trial. Amongst other details, the ISP adopted a 3 strikes policy and the record companies deployed a service to monitor (entrap?) file”sharers”. Read more here. Some other background and 3 other strikes here, here, here and here.