Labels attack Australian ISPs
The Australian music industry may have lost its most-publicized fight against online p2p file sharing, but it’s not giving up.
This time, it’s wants to prove a URL pointing to an mp3 is a breach of copyright.
Com-Cen directors Liam Bal and Peter Stevens, with employee Chris Takoushis, are the latest to be added to a federal suit brought about by six record companies last month for online music piracy, says ARNnet here. The labels are "claiming damage for about $300 million for the year," says ARNnet’s Jennifer O’Brien.
The original suit was launched against the operator of mp3s4free.net and E-Talk Communications (trading as Comcen Proprietary Limited), she says.
Com-Cem serves Sydney, Melbourne, Central Coast, Brisbane, Newcastle ISP.
Leading the attack is labels hit-man Michael Speck of the Music Industry Piracy Investigations (MIPI). "This case goes to show that music piracy, in the ordinary course of events, benefits Internet companies," he’s quoted as saying.
"In that regard, the traffic generated by illegal music sites generates income and commercial opportunities for ISPs" and 20% of revenue generated by ISPs was derived from the traffic of illegal sound recordings.
"This is the first time that ISPs, in their normal practices as they relate to illegal music, are exposed to the courts, and it?s clear that trafficking in illegal music is an ordinary part of the day-to-day business of ISPs," he went on
"We?re saying to the Internet industry, you don?t get away with copyright infringement because you?re a corporation. And directors and employees no longer have the luxury of the Nuremberg defence."
The situation for ISPs is becoming tricky because the plaintiffs were trying to prove a URL, pointing to an MP3, was a breach of copyright, Bal says.
"ISPs can’t protect themselves - you would have to employ people that would check all URLs on every Web page, checking for copyright material," he said.
Bal said there was no money in downloads, and Com-Cen watched out for heavy downloaders, adds ARNnet.
"Ninety-nine per cent of ISPs in Australia charge a flat rate plan [Con-Cen charges charges $24.95], so where’s the revenue … It’s in our interest not to have these people."
"They’ve picked on a small company and we’re trying to defend ourselves … When you think about it, it’s a nightmare," Bal said. "And there are plenty of people worried about it."





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