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 […]

Copyright safe harbour scheme review Mk 2

Last Friday, the Commonwealth Attorney-General released a Consultation Paper on ‘Revising the Scope of the Copyright Safe Harbour Scheme’. As reported then, there were two components to that review. Over the weekend, the second component – streamlining the notice and take down procedures – has been edited out of the revised version (pdf) (doc version via […]

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 – […]

Copyright reform agenda

The Commonwealth Attorney General’s opening address to the Blue Skies conference is here. Some excerpts: International reforms: While recognising that the challenges of the digital era are a global, not just national, issue, the Attorney General identified access to cultural works by the visually impaired as an area for early action: An example of one […]

The Digital Economy Down Under

Minister Conroy released on 14 July a report Australia’s Digital Economy: Future Directions, which he has described as a road map for Australia’s digital economy future. Amongst other things, in (sort of, kinda, a bit) similar vein to the EU’s Commissioner Neely, the report notes: The digitisation trend is changing customer habits and expectations. Increasingly, […]

Digital Economy – Future Directions consultation

The convolutedly named The Department of Broadband, Communications and the Digital Economy has issued a consultation paper for industry on the Digital Economy Future Directions. Apparently, the consultation draft arises from workshops held in August and September 2008. There is considerable useful detail about the state and composition of the digital economy in Australia and questions […]

Copyright liability for hosting material posted by others

Section 116AE of the Copyright Act 1968 (Category C activity) provides for a limitation on the liability of hosting services for material posted by others.  Think, for example, of YouTube or those websites that ISPs provide their subscribers. The broad conditions for the protection to apply are set out in s 116AH. Copyright Regulations reg. 20A […]