Australia's ISPs and rights holders have thrashed out a draft code of practice to fight piracy, confirming that online pirates will be served with infringement notices based on IP addresses.
The code would create a 'Copyright Notice Scheme' through which online pirates would receive an escalating series of infringement notices, which the Communications Alliance said were "designed to change their behaviour and steer them toward lawful sources of content."
The Alliance, which represents Australia's telcos and worked on the draft with various rights holders, said in a statement that the controversial ‘three strike’ system will not contain expicit sanctions against users and would instead focus on public education against piracy.
However, it does provide for a ‘facilitated preliminary discovery’ process through which ISPs "can assist" rights holders who may decide to take legal action against persistent infringers.
"The method of detection entails linking an IP address allegedly used for infringements,” the code reads. "Notices will therefore be sent to the Account Holder to whose service that IP address was allocated at that time."
One of the key issues surrounding a current ongoing case of iiNet vs Dallas Buyers Club, a Hollywood film which was allegedly pirated by iiNet users, is whether an IP address can legimitately be used to identify a specific user.
Something like this went through the government and got knocked back after massive public backlash, i guess they're bypassing the government and going straight to the isp's, some of whom have clearly displayed they don't care about consumers. You need to be a large business before Telsta or Optus care about you.