Copyright Infringement Notices

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ForumAdmin
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Joined: Sun Jan 04, 2004 2:31 pm
Location: Sydney

Copyright Infringement Notices

Post by ForumAdmin » Sat Feb 06, 2010 1:38 pm

For the past five plus years, I can't exactly remember when we commenced doing it, Exetel has passed on to end users copyright infringement notices we receive from reputable agencies.

We have also then blocked internet access until the customer has clicked the button on the 'block page' acknowledging that they have received the infringement notice and either complied with it or denied the allegation.

Following the current court ruling by Justice Cowdroy in the Federal Court last Thursday we will modify this practice in the near future. We will continue to send any infringement notice we receive in the future but before the end of February we will not require the user to acknowledge receipt of it nor will we temporarily block the customer's internet access. We will continue to send the infringement notices because we believe it's in the best interests of the person who pays for the internet service to know what other entities believe the service is being used for. Many users who pay for the connection (and are therefore liable for how it is used and what it is used for), do not always know how their service is being used and we believe they should be informed.

Subject to final legal advice, and re-coding time and testing, we will in future simply send the infringement notice to the registered 'owner' of the service together with this cover email:

Dear [ ],

A copyright infringement notice has been sent to Exetel that states that your Exetel IP (internet connection) has been used to acquire material the breaches copyright.

You do not need to take any action except to be aware that, if you or some member of your household are in fact using your internet connection to infringe another party’s copyright, they have been able to detect that action and could, at some time in the future should they wish to do so, involve themselves in the legal and other costs of taking some action against you.

Again, you are not required to take any action regarding this infringement notice and it is sent to you as a courtesy in case usage of the internet connection in your name is being used in ways unknown to you.

Exetel Provisioning

LordS
Posts: 149
Joined: Thu Jun 26, 2008 11:56 pm
Location: Australia

Re: Copyright Infringement Notices

Post by LordS » Sat Feb 06, 2010 2:28 pm

far superior method :)

Col
Posts: 213
Joined: Fri Mar 14, 2008 7:55 pm
Location: NSW

Re: Copyright Infringement Notices

Post by Col » Sat Feb 06, 2010 3:14 pm

LordS wrote:far superior method :)
+1. Although I have never received an infringement notice ever I would like this new method over the current one.

Is there any policy for customers who receive 'too many' notices?

ForumAdmin
Posts: 3663
Joined: Sun Jan 04, 2004 2:31 pm
Location: Sydney

Re: Copyright Infringement Notices

Post by ForumAdmin » Sat Feb 06, 2010 4:46 pm

Col wrote:
LordS wrote:far superior method :)
+1. Although I have never received an infringement notice ever I would like this new method over the current one.

A) Is there any policy for customers who receive 'too many' notices?
A) No - we will simply forward the notices.

gong_guy
Posts: 210
Joined: Mon Oct 11, 2004 11:06 am

Re: Copyright Infringement Notices

Post by gong_guy » Sat Feb 06, 2010 6:30 pm

This is a perfect way to handle the issue.

The alleged copywrite infringers are notified and have been warned. They cannot claim they were not told and the copywrite owners are free to take action when they feel appropriate.

Captain Irrelevant
Posts: 34
Joined: Wed Feb 07, 2007 2:36 pm

Re: Copyright Infringement Notices

Post by Captain Irrelevant » Sat Feb 06, 2010 6:41 pm

ForumAdmin wrote:
Col wrote:
LordS wrote:far superior method :)
+1. Although I have never received an infringement notice ever I would like this new method over the current one.

A) Is there any policy for customers who receive 'too many' notices?
A) No - we will simply forward the notices.
Very good policy IMO.

Though no fault of Exetel, but sending out limitless amounts of notices helps customers to investigate for themselves if their LANs have been compromised, which is obviously common for those who run wifi.


Thanks guys.

Munka
Posts: 289
Joined: Sat Oct 22, 2005 8:22 pm
Location: Rural NSW

Re: Copyright Infringement Notices

Post by Munka » Sun Feb 07, 2010 11:34 am

I would certainly want to know if I had been issued a notice, so thank you exetel for maintaining this service.
Munka

owens
Posts: 15
Joined: Fri Jun 30, 2006 4:37 pm

Re: Copyright Infringement Notices

Post by owens » Mon Feb 08, 2010 3:43 pm

I have recieved this email from Exetel is this an infringement notice or just an update its is personally addressed to me, heading is "Subject: Copyright Infringement Notification Change" I want to sort this out before i start banging heads and blaming other people in this household. Here is the rest of it.
From: Exetel Notification [donotreply@exetel.com.au]

Subject: Copyright Infringement Notification Change

Dear "Mr my name"


For the past five plus years or so, Exetel has passed on to end users copyright infringement notices we receive from reputable agencies.

We have also then temporarily blocked internet access until the customer has clicked the button on the 'block page' acknowledging that they have received the infringement notice and either complied with it or denied the allegation.

Following the current court ruling by Justice Cowdroy in the Federal Court last Thursday we will modify this practice in the near future. We will continue to send any infringement notice we receive in the future but before the end of February we will not require the user to acknowledge receipt of it nor will we temporarily block the customer's internet access. We will continue to send the infringement notices because we believe it's in the best interests of the person who pays for the internet service to know what other entities believe the service is being used for. Many users who pay for the connection (and are therefore liable for how it is used and what it is used for) do not always know how their service is being used and we believe they should be informed.

Subject to final legal advice, and re-coding time and testing, we will in future simply send the infringement notice to the registered 'owner' of the service together with this cover email:

Dear [ ],

A copyright infringement notice has been sent to Exetel that states that your Exetel IP (internet connection) has been used to acquire material the breaches copyright.

You do not need to take any action except to be aware that, if you or some member of your household are in fact using your internet connection to infringe another party's copyright, they have been able to detect that action and could, at some time in the future should they wish to do so, involve themselves in the legal and other costs of taking some action against you.

Again, you are not required to take any action regarding this infringement notice and it is sent to you as a courtesy in case usage of the internet connection in your name is being used in ways unknown to you.

Exetel Provisioning

Alfred
Posts: 21
Joined: Sun Jun 07, 2009 11:04 pm
Location: Mid North Coast

Re: Copyright Infringement Notices

Post by Alfred » Mon Feb 08, 2010 4:06 pm

Yep
I just received the exact same, word for word.
Is this a generic letter to the changes you made???
It mentions no details on who or what we suppose to have infringed.
In 10 plus years of using the Internet, I never have received such a thing and unless it states some details, it's a bit hard to defend yourself against such accusations.

James
Exetel Staff
Posts: 1992
Joined: Mon May 09, 2005 10:27 pm

Re: Copyright Infringement Notices

Post by James » Mon Feb 08, 2010 4:07 pm

Alfred wrote:Yep
I just received the exact same, word for word.
Is this a generic letter to the changes you made???
It mentions no details on who or what we suppose to have infringed.
In 10 plus years of using the Internet, I never have received such a thing and unless it states some details, it's a bit hard to defend yourself against such accusations.
It's an example, and was pretty clear.

crikey
Posts: 10
Joined: Fri Nov 30, 2007 12:00 pm
Location: Melbourne

Re: Copyright Infringement Notices

Post by crikey » Mon Feb 08, 2010 4:26 pm

Thanks Exetel - this is a sensible development. Now that ISPs are off the hook, the big music/movie publishers may begin targeting users directly. Users need to be fully aware if they are being "watched", so knowing about these notices is all the more important.

ForumAdmin
Posts: 3663
Joined: Sun Jan 04, 2004 2:31 pm
Location: Sydney

Re: Copyright Infringement Notices

Post by ForumAdmin » Mon Feb 08, 2010 6:40 pm

crikey wrote:Thanks Exetel - this is a sensible development. Now that ISPs are off the hook, the big music/movie publishers may begin targeting users directly. Users need to be fully aware if they are being "watched", so knowing about these notices is all the more important.
All the iinet/AFACT case did was ensure that the end user is the target for legal action.

If Exetel didn't forward the copyright infringement notice the end user would not know their "alleged" copyright infringements had been detected and the first they would know would be when a process server turned up on their door step with a summons to appear in court.

Everyone who posts on this sort of topic is just so blase about copyright infringement - the latest law suit against iinet should be warning enough that the copyright holders do not intend for copyright infringement to continue.

Please do not abuse your Exetel internet service. One day you may seriously regret your attitude towards other people's property rights.

If we didn't forward you the infringement notice then your 'smart arse' lawyer may well turn the case around and blame Exetel for not advising you of your danger and leave us paying the fine for your "alleged" theft.

Don't steal and there will be no issue for either you or for Exetel.

Lyricon1963
Posts: 3
Joined: Mon Feb 08, 2010 7:36 pm
Location: Australia

Re: Copyright Infringement Notices

Post by Lyricon1963 » Mon Feb 08, 2010 7:44 pm

My account just received the copyright infringment notice - I'm concerned that without any deetails of the offending act, we are blind as to what was the cause of the breach. Is there any way to get helpful information to stop the user (perhaps) "blindly" reapeating the act? This is all good on behalf of exetel (a seriously good service) but a bit more information about the infringment itself would help even more. A a musician, I'm dead against copyright infringment.

Mr Damage
Posts: 3
Joined: Thu Feb 04, 2010 10:02 pm
Location: Darwin

Re: Copyright Infringement Notices

Post by Mr Damage » Mon Feb 08, 2010 8:44 pm

Lyricon1963 wrote:My account just received the copyright infringment notice - I'm concerned that without any deetails of the offending act, we are blind as to what was the cause of the breach. .
The email you received today was a policy update which contained a sample of the breach notice from Exetel - not a notice in itself. It is most likely the same one every Exetel user received

tin
Posts: 178
Joined: Mon Jul 28, 2008 5:22 pm
Location: Northwest NSW
Contact:

Re: Copyright Infringement Notices

Post by tin » Tue Feb 09, 2010 10:14 am

crikey wrote:Users need to be fully aware if they are being "watched", so knowing about these notices is all the more important.
It's fairly well known that the methods used to "detect" these violations are dubious at best, and fictional at worst. Remember that the same groups issuing these notices have in the past issued notices to:
People who don't own computers.
Laser printers (yes, seriously).
All students at some universities, including those who don't have internet access.

ForumAdmin wrote:Don't steal and there will be no issue for either you or for Exetel.
Stealing is different to breaching copyright. Both illegal, but not the same. Calling it the same is like saying murder is the same as parking in a disabled space.


Edit: Don't take from the above that I am a massive content pirate. I just don't like the way the big corporations are handling the changes in the world.
The above post is copyright, may be edited at any time, and should not be taken internally. Any breach of these terms may result in legal action or a sore tummy.

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