It looks like the K-Rudd express just keeps on rolling. Not content to sit back after uniting most of the country for Sorry Day last week, the Prime Minister is now looking to mobilise the government to tackle illegal internet downloads.
The Sun Herald reported over the weekend that “the Government will examine new legislative proposals being unveiled in Britain this week to target people who download films and music illegally. Internet Service Providers there might be legally required to take action against users who access pirated material.”
Unlike the RIAA’s stance of suing the hell out of any sucker that gets caught sharing music online, the proposed legislation takes a much more sensible approach to pirates with a three strikes policy, involving a warning for a first offence, a suspension of internet access for a second offence and a third offence would cancel the offenders internet access permanently.
Realistically, I think this is probably a pretty good system to try and curb online piracy. Sure, it’s got some problems – for a Government so keen on making sure everybody has broadband, cutting off internet access to an entire household because of one rogue downloader is going to cause all kinds of problems.
But I still can’t say that I’m going to delete my bittorrent client. For me personally, I don’t download music or movies, but I find it extremely useful to catch up on TV shows that I either miss because I forgot to set the timer on the PVR or because the TV networks run over time / stuff around with the schedule / decide to cancel a show I’m watching.
And let’s face it – there is no online alternative for movies or TV shows in Australia. If the Government really wants to enforce anti-piracy measures, they also need to legislate for the networks / movie studios to stop being greedy dicks and offer their content online for a reasonable price. Which, as you and I know, is never going to happen.
What do you think? Is this a good move, or is the Government dabbling in stuff that shouldn’t concern them?
[SMH - Thanks Alan!]



















LolololoO>OllOlololOLo
Monday, February 18, 2008 at 9:38 AMThe music part doesn’t affect me, due to me working in a radio station with a license to legally download music, but I love to download the latest episodes of tv shows before they are released and anime that havn’t been serialised in Australia. Also half of the sites I regularly visit contain links to illegal downloads.
I just hope the government doesnt set up a web filter on most of the stuff we use everyday.
Ben Evans
Monday, February 18, 2008 at 9:46 AMhmmm, let me think about this for a moment. Rudd (yet again) takes up a policy that has no real purpose. Maybe he should actually start focusing on some real policies instead of this popularist crap.
normandy
Monday, February 18, 2008 at 9:56 AMdoesn’t the government have some real work to do? Like affordable housing? Interest rates? Poverty?
Jack Black
Monday, February 18, 2008 at 10:20 AMGizmodo, really. We readers and advertisers demand better from you than this poor editorial.
Where was policy in Krudd’s election platform? There was no mention of it.
He doesn’t have a mandate for this sort of action. Clearly he’s is a schill for the recording cartels.
There are all sorts of problems with this plan.
The cable ISPs have never been able to stamp out spoofing on their networks.
All ISPs AFAIK send out Wi-Fi ADSL modems/gateways set to broadcast SSID and insecure without so much as WEP. Many of the remaining WLANs are running insecure WEP becuase users are poorly schooled in setting them up and it’s often too difficult. And even WPA has problems. So there is no way to ensure that someone isn’t having their IP address hijacked.
And then there is the issue of identifying people allegedly downloading infringing intellectual property. How do you do that? No one has been able to devise a way to do that which is foolproof. MediaDefender and its ilk are under a cloud for their illegal actions as self-proclaimed private investigators without a license. And they often charge people who have not done anything wrong.
And three strikes and you’re out? Gizmodo, are you serious? What’s fair in that? What qualifies as a “strike”? Three alleged downloads?
Where’s someone’s chance to stand up in court and have their say? To have the plaintiffs prove their case? What about due process? How about innocent unless proven guilty? What about balance of convenience? Balance of evidence?
Just because someone alleges you have downloaded something you shouldn’t have doesn’t mean you have.
Further, Australian copyright law allows for parallel importation of product if it isn’t available here already.
This policy is another example of Krudd’s me-tooism. He has no original agenda (look at the gabfest he’s arranging because he has no policies and the fact that he’s pumping inflation and interest rates by giving away $31b in tax cuts even though few people actually voted for him on that?) And this latest plan is just a way to latch on to someone else’s ideas, even if they are unworkable, draconian, counter-productive and irrelevant.
Jason Cartwright
Monday, February 18, 2008 at 10:55 AMTotally agree with you about the availability of legal content. I don’t think the majority of people who download illegal content want to break the law, but simply have no other option.
Also the argument that studio’s are loosing out on DVD sales due to downloads is rediculous, no-one is going to buy a season box set if they miss one of two episodes.
Give consumers what they want, when they want it at a reasonable price and piracy will greatly decline.
Remembering there always will be piracy, it’s just a matter of limiting the need for it.
Nick
Monday, February 18, 2008 at 1:22 PMI’m probably the only person that thinks this is a great move from Rudd. But then, I’m a direct victim of piracy.
If you were about to lose your job because the company you work for was being eroded by piracy would you think twice before hitting the download button?
That’s the position I’m in. I’m on the verge of having to let two people go because illegal downloads and piracy have taken so much of my business.
Unlike the post above, I think people doing it don’t give a crap about the law or whether they are breaking it. Nor do they give any thought to the people this IS affecting. The trouble is that today, most people want everything immediately (and often for nothing), regardless of the costs or hurt it may cause others.
Normandy: With the amount of money lost to piracy and the amount of businesses/people this affects, this IS something that needs to be actioned.
Go Rudd!!! It would be nice not to have to lose good workers, and who knows.. maybe even to give someone else a job.
Dave
Monday, February 18, 2008 at 1:33 PMThere is no way consumers are going to pay for large download quotas if they can’t download- and if ISP’s realise this, they’ll be against this proposal. It would favour record companies, but cost ISPs all of there new business.
Also, forcing the ISP to cancel contracts for misuse could be seen as a way for some consumers to get out of contracts- again, at the cost of ISPs.
My guess is that once all this is worked out, the proposal will quietly die or they’ll set it up and not really enforce it.
Michael Czajka
Monday, February 18, 2008 at 2:21 PMDo you realise that the TV shows will also be covered by this legislation?
TV shows are copyright as well… and you won’t be able to download those legally either.
That’s not to suggest that it’s legal to download them now.
:-)
Mike
Monday, February 18, 2008 at 2:51 PMNick is a troll. Piracy can easily be prevented with software safeguards, I am a software developer by trade, and it’s not that hard to write code that cannot be pirated. It just takes a little ingenuity.
Personally, I think you have no job. Enjoy your centrelink queue.
Andrew
Monday, February 18, 2008 at 2:53 PMWhat about TV shows that the Aussie TV stations do not telecast and will never telecast because the are science fiction. A few examples
Stargate Atlantis
Kyle XY
Torchwood (3 episodes them cut.)
Dr Who (this is usually telecast but 3 or 4 months later)
Smallville.
Journeyman (3 episodes them cut.)
Battlestar Galactica.
If they never plan to telecast them is it piracy???
Nick
Monday, February 18, 2008 at 4:09 PMMike, I’m not a troll at all. You made the assumption that I’m a software developer… I’m not at all, I was a developer for many years, and still am occasionally.
I don’t really need to justify myself, but I rent and retail DVD’s, CD’s and Games.
And let’s face it… if you can write software that you think can’t be pirated, maybe you should be working for Microsoft, because even they can’t figure it out!! :^)
Chris
Monday, February 18, 2008 at 8:11 PMNick: “The trouble is that today, most people want everything immediately (and often for nothing), regardless of the costs or hurt it may cause others.”
In Australia thats usually the only way to get stuff. Its not always a choice to do it for nothing, but its because there is not other way. Also, people will go for free if its the same product as a paid version (eg, music). If the media got tv to us within a week, and we had an advertised supported music download system, piracy wouldn’t be eliminated, but it would definately help. I would use the music system, and I would love tv with America.
Its because the Australian media is tightened to the hilt on rules and regulations (starting to loosen granted) and we get treated like a backwater nation.
The issue doesn’t wholly lie with the consumer, it lies with the media, content suppliers, etc.
nivek
Monday, February 18, 2008 at 8:56 PMNick you idiot! Kevin DDur is an idiot and will before his time is out wreak our economy and you will still have to let your two employees go. People will always pirate media as it is easier and cheaper than paying for it.
Nick
Tuesday, February 19, 2008 at 2:04 PMChris: In Australia, it’s not always the only way.. these things are released on DVD? Rent or buy it. At least then you are supporting Australian businesses. I agree the media providers are partly to blame, they are so slack. But it’s really not much different to anywhere else. When I was in the UK, Neighbours used to be 6 months behind Australia. But at that time, there wasn’t the internet around to make it available to everyone, and so no-one whinged about it.
Nivek, I can only assume your free-ride under the Liberal Losers is coming to an end, and you don’t like the idea of having to work and pay for a living. Why exactly are we in this mess at the moment.. 11 years of Liberal leadership, and now Labour have to dig us out of their hole.
Grow up. It’s about time the government sorted you pirates out. If you don’t like what the media are doing, write to them and lobby them to get their shows online. But quit whining about your free downloads coming to an end.
Geoff
Saturday, February 23, 2008 at 4:03 AMNick, piracy is not killing your business, your business model is outdated in the broadband age.
Itunes will kill your business. Once people can hit the download and play now button for a couple of dollars to watch a TV show or movie, why will they drive/walk to your shop?