Tag Archives: consultation

BPI Wants Piracy Dealt With Under New UK Internet ‘Clean-Up’ Laws

Post Syndicated from Andy original https://torrentfreak.com/bpi-wants-music-piracy-dealt-with-under-uk-internet-clean-up-laws-180523/

For the past several years, the UK Government has expressed a strong desire to “clean up” the Internet.

Strong emphasis has been placed on making the Internet safer for children but that’s just the tip of a much larger iceberg.

This week, the Government published its response to the Internet Safety Strategy green paper, stating unequivocally that more needs to be done to tackle “online harm”.

Noting that six out of ten people report seeing inappropriate or harmful content online, the Government said that work already underway with social media companies to protect users had borne fruit but overall industry response has been less satisfactory.

As a result, the Government will now carry through with its threat to introduce new legislation, albeit with the assistance of technology companies, children’s charities and other stakeholders.

“Digital technology is overwhelmingly a force for good across the world and we must always champion innovation and change for the better,” said Matt Hancock, Secretary of State for Digital, Culture, Media and Sport.

“At the same time I have been clear that we have to address the Wild West elements of the Internet through legislation, in a way that supports innovation. We strongly support technology companies to start up and grow, and we want to work with them to keep our citizens safe.”

While emphasis is being placed on hot-button topics such as cyberbullying and online child exploitation, the Government is clear that it wishes to tackle “the full range” of online harms. That has been greeted by UK music group BPI with a request that the Government introduces new measures to tackle Internet piracy.

In a statement issued this week, BPI chief executive Geoff Taylor welcomed the move towards legislative change and urged the Government to encompass the music industry and beyond.

“This is a vital opportunity to protect consumers and boost the UK’s music and creative industries. The BPI has long pressed for internet intermediaries and online platforms to take responsibility for the content that they promote to users,” Taylor said.

“Government should now take the power in legislation to require online giants to take effective, proactive measures to clean illegal content from their sites and services. This will keep fans away from dodgy sites full of harmful content and prevent criminals from undermining creative businesses that create UK jobs.”

The BPI has published four initial requests, each of which provides food for thought.

The demand to “establish a new fast-track process for blocking illegal sites” is not entirely unexpected, particularly given the expense of launching applications for blocking injunctions at the High Court.

“The BPI has taken a large number of actions against individual websites – 63 injunctions are in place against sites that are wholly or mainly infringing and whose business is simply to profit from criminal activity,” the BPI says.

Those injunctions can be expanded fairly easily to include new sites operating under similar banners or facilitating access to those already covered, but it’s clear the BPI would like something more streamlined. Voluntary schemes, such as the one in place in Portugal, could be an option but it’s unclear how troublesome that could be for ISPs. New legislation could solve that dilemma, however.

Another big thorn in the side for groups like the BPI are people and entities that post infringing content. The BPI is very good at taking these listings down from sites and search engines in particular (more than 600 million requests to date) but it’s a game of whac-a-mole the group would rather not engage in.

With that in mind, the BPI would like the Government to impose new rules that would compel online platforms to stop content from being re-posted after it’s been taken down while removing the accounts of repeat infringers.

Thirdly, the BPI would like the Government to introduce penalties for “online operators” who do not provide “transparent contact and ownership information.” The music group isn’t any more specific than that, but the suggestion is that operators of some sites have a tendency to hide in the shadows, something which frustrates enforcement activity.

Finally, and perhaps most interestingly, the BPI is calling on the Government to legislate for a new “duty of care” for online intermediaries and platforms. Specifically, the BPI wants “effective action” taken against businesses that use the Internet to “encourage” consumers to access content illegally.

While this could easily encompass pirate sites and services themselves, this proposal has the breadth to include a wide range of offenders, from people posting piracy-focused tutorials on monetized YouTube channels to those selling fully-loaded Kodi devices on eBay or social media.

Overall, the BPI clearly wants to place pressure on intermediaries to take action against piracy when they’re in a position to do so, and particularly those who may not have shown much enthusiasm towards industry collaboration in the past.

“Legislation in this Bill, to take powers to intervene with respect to operators that do not co-operate, would bring focus to the roundtable process and ensure that intermediaries take their responsibilities seriously,” the BPI says.

The Department for Digital, Culture, Media & Sport and the Home Office will now work on a White Paper, to be published later this year, to set out legislation to tackle “online harms”. The BPI and similar entities will hope that the Government takes their concerns on board.

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Bell/TSN Letter to University Connects Site-Blocking Support to Students’ Futures

Post Syndicated from Andy original https://torrentfreak.com/bell-tsn-letter-to-university-connects-site-blocking-support-to-students-futures-180510/

In January, a coalition of Canadian companies called on local telecoms regulator CRTC to implement a website-blocking regime in Canada.

The coalition, Fairplay Canada, is a collection of organizations and companies with ties to the entertainment industries and includes Bell, Cineplex, Directors Guild of Canada, Maple Leaf Sports and Entertainment, Movie Theatre Association of Canada, and Rogers Media. Its stated aim is to address Canada’s online piracy problems.

While CTRC reviews FairPlay Canada’s plans, the coalition has been seeking to drum up support for the blocking regime, encouraging a diverse range of supporters to send submissions endorsing the project. Of course, building a united front among like-minded groups is nothing out of the ordinary but a situation just uncovered by Canadian law Professor Micheal Geist, one of the most vocal opponents of the proposed scheme, is bound to raise eyebrows.

Geist discovered a submission by Brian Hutchings, who works as Vice-President, Administration at Brock University in Ontario. Dated March 22, 2018, it notes that one of the university’s most sought-after programs is Sports Management, which helps Brock’s students to become “the lifeblood” of Canada’s sport and entertainment industries.

“Our University is deeply alarmed at how piracy is eroding an industry that employs so many of our co-op students and graduates. Piracy is a serious, pervasive threat that steals creativity, undermines investment in content development and threatens the survival of an industry that is also part of our national identity,” the submission reads.

“Brock ardently supports the FairPlay Canada coalition of more than 25 organizations involved in every aspect of Canada’s film, TV, radio, sports entertainment and music industries. Specifically, we support the coalition’s request that the CRTC introduce rules that would disable access in Canada to the most egregious piracy sites, similar to measures that have been taken in the UK, France and Australia. We are committed to assist the members of the coalition and the CRTC in eliminating the theft of digital content.”

The letter leaves no doubt that Brock University as a whole stands side-by-side with Fairplay Canada but according to a subsequent submission signed by Michelle Webber, President, Brock University Faculty Association (BUFA), nothing could be further from the truth.

Noting that BUFA unanimously supports the position of the Canadian Association of University Teachers which opposes the FairPlay proposal, Webber adds that BUFA stands in opposition to the submission by Brian Hutchings on behalf of Brock University.

“Vice President Hutching’s intervention was undertaken without consultation with the wider Brock University community, including faculty, librarians, and Senate; therefore, his submission should not be seen as indicative of the views of Brock University as a whole.”

BUFA goes on to stress the importance of an open Internet to researchers and educators while raising concerns that the blocking proposals could threaten the principles of net neutrality in Canada.

While the undermining of Hutching’s position is embarrassing enough, via access to information laws Geist has also been able to reveal the chain of events that prompted the Vice-President to write a letter of support on behalf of the whole university.

It began with an email sent by former Brock professor Cheri Bradish to Mark Milliere, TSN’s Senior Vice President and General Manager, with Hutchings copied in. The idea was to connect the pair, with the suggestion that supporting the site-blocking plan would help to mitigate the threat to “future work options” for students.

What followed was a direct email from Mark Milliere to Brian Hutchings, in which the former laid out the contributions his company makes to the university, while again suggesting that support for site-blocking would be in the long-term interests of students seeking employment in the industry.

On March 23, Milliere wrote to Hutchings again, thanking him for “a terrific letter” and stating that “If you need anything from TSN, just ask.”

This isn’t the first time that Bell has asked those beholden to the company to support its site-blocking plans.

Back in February it was revealed that the company had asked its own employees to participate in the site-blocking submission process, without necessarily revealing their affiliations with the company.

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Japan ISP Says it Will Voluntarily Block Pirate Sites as Major Portal Disappears

Post Syndicated from Andy original https://torrentfreak.com/japan-isp-says-it-will-voluntarily-block-pirate-sites-as-major-portal-disappears-180424/

Speaking at a news conference during March, Japan’s Chief Cabinet Secretary Yoshihide Suga said that the government was considering measures to prohibit access to pirate sites. The country’s manga and anime industries were treasures worth protecting, Suga said.

“The damage is getting worse. We are considering the possibilities of all measures including site blocking. I would like to take countermeasures as soon as possible under the cooperation of the relevant ministries and agencies,” he added.

But with no specific legislation that allows for site-blocking, particularly not on copyright infringement grounds, it appeared that Japan might face an uphill struggle. Indeed, the country’s constitution supports freedom of speech and expressly forbids censorship. Earlier this month, however, matters quickly began to progress.

On Friday April 13, the government said it would introduce an emergency measure to target websites hosting pirated manga, anime and other types of content. It would not force ISPs to comply with its blocking requests but would simply ask for their assistance instead.

The aim was to establish cooperation in advance of an expansion of legislation later this year which was originally introduced to tackle the menace of child pornography.

“Our country’s content industry could be denied a future if manga artists and other creators are robbed of proceeds that should go to them,” said Prime Minister Shinzo Abe.

The government didn’t have to wait long for a response. The Nippon Telegraph and Telephone Corp. (NTT) announced yesterday that it will begin blocking access to sites that provide unauthorized access to copyrighted content.

“We have taken short-term emergency measures until legal systems on site-blocking are implemented,” NTT in a statement.

NTT Communications Corp., NTT Docomo Inc. and NTT Plala Inc., will block access to three sites previously identified by the government – Mangamura, AniTube! and MioMio which have a particularly large following in Japan.

NTT said that it will also restrict access to other sites if requested to do so by the government. The company added that at least in the short-term, it will prevent access to the sites using DNS blocking.

While Anitube and MioMio will be blocked in due course, Mangamura has already disappeared from the Internet. The site was reportedly attracting 100 million visits per month but on April 17 went offline following an apparent voluntary shutdown by its administrators.

AnimeNewsNetwork notes that a news program on NHK dedicated to Mangamura aired last Wednesday. A second episode will reportedly focus on the site’s administrators which NHK claims can be traced back to the United States, Ukraine, and other regions. Whether this exposé played a part in the site’s closure is unclear but that kind of publicity is rarely welcome in the piracy scene.

To date, just three sites have been named by the government as particularly problematic but it’s now promising to set up a consultation on a further response. A bill will also be submitted to parliament to target sites that promote links to content hosted elsewhere, an activity which is not illegal under current law.

Two other major access providers in Japan, KDDI Corp. and SoftBank Corp., have told local media that their plans to block pirate sites have not yet been finalized.

“The fact that neglecting the situation of infringement of copyright etc. cannot be overlooked is recognized and it is recognized as an important problem to be addressed urgently,” Softbank said in a statement.

“However, since there is concern that blocking infringes secrecy of communications, we need careful discussion. We would like to collaborate with industry organizations involved in telecommunications and consider measures that can be taken from various viewpoints, such as laws, institutions, and operation methods.”

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Google Should Begin Delisting Pirate Sites, Aussie Rightsholders Say

Post Syndicated from Andy original https://torrentfreak.com/google-should-begin-delisting-pirate-sites-aussie-rightsholders-say-180322/

After being passed almost three years ago, in February the Australian government announced a review of its pirate site-blocking laws.

The Department of Communications asked for feedback on the effectiveness of the mechanism, from initial injunction application through to website blocking and, crucially, whether further amendments are required.

“The Department welcomes single, consolidated submissions from organizations or parties, capturing all views on the Copyright Amendment (Online Infringement) Act 2015 (Online Infringement Amendment) [pdf],” the consultation paper began.

Several responses from interested groups have been filed with the government and unsurprisingly, most come from entertainment industry groups seeking to expand on what has been achieved so far.

The most aggressive submissions come from the two companies that have made the most use of the blocking scheme so far – movie group Village Roadshow and TV provider Foxtel. Together the companies have had dozens of sites blocked in Australia by local ISPs but now they want the blocking regime expanded to online service platforms too.

Indeed, in the Roadshow and Foxtel submissions combined, Google is mentioned no less than 29 times as being part of the piracy problem Down Under.

“Village Roadshow strongly supported the original site blocking legislation and now we strongly support strengthening it,” Village Roadshow co-chief Graham Burke writes.

“With all major pirate sites blocked in Australia, the front door of the department store is shut. However, pirates, facilitated by Google and other search engines, are circumventing Australian Laws and Courts and opening a huge back door. Australia needs the power to require Google and other search engines to take reasonable steps to stop facilitating searches which lead to pirate sites.”

Burke goes on to criticize Google’s business model, which pushes tens of millions of people “searching for stolen goods” to pirate sites that hit them with “rogue advertising including illegal gambling, drugs, sex aids and prostitution.”

In a nutshell, the Village Roadshow co-chief suggests that Google’s business model involves profiting from knowingly leading consumers to illegal locations where they are ultimately ripped off.

“The analogy for Google is a Westfield Shopping Centre knowing they are getting big traffic to the center from a store that is using stolen goods to lure people and then robbing them!” he writes.

This anti-Google rant heads in a predictable direction. At the moment, Australia’s site-blocking regime only applies to ‘carriage service providers’, the home ISPs we all use. Village Roadshow wants that provision expanded to include ‘intermediary service providers’, which covers search engines, social media, and other types of internet intermediaries.

“Apart from ISP’s, many intermediaries are able to meaningfully impact traffic to infringing sites, and in fact, can and are currently used by pirates to find new locations and proxies to circumvent the ISP blocks,” Burke adds.

In other words, when served with an injunction, companies like Google and Facebook should delist results that lead people to pirate sites. This position is also championed by Foxtel, which points to a voluntary arrangement in the UK between search engines and the entertainment industries.

Under this anti-piracy code introduced last year, search engines agreed to further optimize their algorithms and processes to demote pirated content in search results. The aim is to make infringing content less visible and at a faster rate. At the same time, legal alternatives should be easier to find.

But like Village Roadshow, Foxtel doesn’t appear to be content with demotion – blocking and delisting is the aim.

“Foxtel strongly believes that extending the site blocking powers to search engines so that they must remove copyright infringing sites from search results would have a substantial impact on reducing piracy in Australia,” the company says.

“Search engines already remove URLs from site indexes to comply with local laws and product community standards and therefore, technologically Foxtel understands it would be a relatively simple exercise for search engines to comply with Australian blocking orders.”

Both Foxtel and Roadshow agree in other areas too. Currently, Australia’s site-blocking provisions apply to “online locations” situated outside Australia’s borders but both companies see a need for that restriction to be removed.

Neither company can understand why local pirate sites can’t be handled in the same way as those based overseas, with Foxtel arguing that proving an overseas element can be a costly process.

“Applicants must review individual domain locations and IP addresses and put on evidence relating to these matters to ensure that the location of the sites is established. This evidence, which we consider to be unnecessary, is produced at significant time and cost, all of which is borne by the rights holders,” Foxtel says.

While none of the above is particularly new in the global scheme of things, it’s interesting to note that even when agreements are reached and new legislation is formed, rightsholders always keep pushing for more.

That’s clearly highlighted in the Foxtel submission when the company says that the threshold for determining a pirate site should be lowered. Currently, a site must have a “primary purpose” to “infringe, or to facilitate the infringement” of copyright. Foxtel sees this as being too high.

In order to encompass general hosting sites that may also carry large quantities of infringing content, it would like to remove the term “primary purpose” and replace it with “substantial purpose or effect.” Given the recent criticisms leveled at Google and particularly YouTube for the infringing content it hosts, that request could prove difficult to push through.

Foxtel also sees a need to better tackle live streaming. In the UK, injunctions obtained by the Premier League and UEFA last year allow pirated live sports streams to be blocked in real-time. Although the injunctions are overseen by the courts, on a practical level the process is carried out between rightsholders and compliant ISPs.

Foxtel believes that Australia needs something similar.

“For site blocking to be effective in Australia in respect of live sport streaming sites which frequently change location, Foxtel anticipates that a similar process will ultimately be required to be implemented,” the company notes.

With the consultation process now over, dissenting submissions are in the minority. The most notable come from the Pirate Party (pdf) and Digital Rights Watch (pdf) although both are likely to be drowned out by the voices of rightsholders.

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Google on Collision Course With Movie Biz Over Piracy & Safe Harbor

Post Syndicated from Andy original https://torrentfreak.com/google-on-collision-course-with-movie-biz-over-piracy-safe-harbor-180219/

Wherever Google has a presence, rightsholders are around to accuse the search giant of not doing enough to deal with piracy.

Over the past several years, the company has been attacked by both the music and movie industries but despite overtures from Google, criticism still floods in.

In Australia, things are definitely heating up. Village Roadshow, one of the nation’s foremost movie companies, has been an extremely vocal Google critic since 2015 but now its co-chief, the outspoken Graham Burke, seems to want to take things to the next level.

As part of yet another broadside against Google, Burke has for the second time in a month accused Google of playing a large part in online digital crime.

“My view is they are complicit and they are facilitating crime,” Burke said, adding that if Google wants to sue him over his comments, they’re very welcome to do so.

It’s highly unlikely that Google will take the bait. Burke’s attempt at pushing the issue further into the spotlight will have been spotted a mile off but in any event, legal battles with Google aren’t really something that Burke wants to get involved in.

Australia is currently in the midst of a consultation process for the Copyright Amendment (Service Providers) Bill 2017 which would extend the country’s safe harbor provisions to a broader range of service providers including educational institutions, libraries, archives, key cultural institutions and organizations assisting people with disabilities.

For its part, Village Roadshow is extremely concerned that these provisions may be extended to other providers – specifically Google – who might then use expanded safe harbor to deflect more liability in respect of piracy.

“Village Roadshow….urges that there be no further amendments to safe harbor and in particular there is no advantage to Australia in extending safe harbor to Google,” Burke wrote in his company’s recent submission to the government.

“It is very unlikely given their size and power that as content owners we would ever sue them but if we don’t have that right then we stand naked. Most importantly if Google do the right thing by Australia on the question of piracy then there will be no issues. However, they are very far from this position and demonstrably are facilitating crime.”

Accusations of crime facilitation are nothing new for Google, with rightsholders in the US and Europe having accused the company of the same a number of times over the years. In response, Google always insists that it abides by relevant laws and actually goes much further in tackling piracy than legislation currently requires.

On the safe harbor front, Google begins by saying that not expanding provisions to service providers will have a seriously detrimental effect on business development in the region.

“[Excluding] online service providers falls far short of a balanced, pro-innovation environment for Australia. Further, it takes Australia out of step with other digital economies by creating regulatory uncertainty for [venture capital] investment and startup/entrepreneurial success,” Google’s submission reads.

“[T]he Draft Bill’s narrow safe harbor scheme places Australian-based startups and online service providers — including individual bloggers, websites, small startups, video-hosting services, enterprise cloud companies, auction sites, online marketplaces, hosting providers for real-estate listings, photo hosting services, search engines, review sites, and online platforms —in a disadvantaged position compared with global startups in countries that have strong safe harbor frameworks, such as the United States, Canada, United Kingdom, Singapore, South Korea, Japan, and other EU countries.

“Under the new scheme, Australian-based startups and service providers, unlike their international counterparts, will not receive clear and consistent legal protection when they respond to complaints from rightsholders about alleged instances of online infringement by third-party users on their services,” Google notes.

Interestingly, Google then delivers what appears to be a loosely veiled threat.

One of the key anti-piracy strategies touted by the mainstream entertainment companies is collaboration between rightsholders and service providers, including the latter providing voluntary tools to police infringement online. Google says that if service providers are given a raw deal on safe harbor, the extent of future cooperation may be at risk.

“If Australian-based service providers are carved out of the new safe harbor regime post-reform, they will operate from a lower incentive to build and test new voluntary tools to combat online piracy, potentially reducing their contributions to innovation in best practices in both Australia and international markets,” the company warns.

But while Village Roadshow argue against safe harbors and warn that piracy could kill the movie industry, it is quietly optimistic that the tide is turning.

In a presentation to investors last week, the company said that reducing piracy would have “only an upside” for its business but also added that new research indicates that “piracy growth [is] getting arrested.” As a result, the company says that it will build on the notion that “74% of people see piracy as ‘wrong/theft’” and will call on Australians to do the right thing.

In the meantime, the pressure on Google will continue but lawsuits – in either direction – won’t provide an answer.

Village Roadshow’s submission can be found here, Google’s here (pdf).

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Australian Government Launches Pirate Site-Blocking Review

Post Syndicated from Andy original https://torrentfreak.com/australian-government-launches-pirate-site-blocking-review-180214/

Following intense pressure from entertainment industry groups, in 2014 Australia began developing legislation which would allow ‘pirate’ sites to be blocked at the ISP level.

In March 2015 the Copyright Amendment (Online Infringement) Bill 2015 (pdf) was introduced to parliament and after just three months of consideration, the Australian Senate passed the legislation into law.

Soon after, copyright holders began preparing their first cases and in December 2016, the Australian Federal Court ordered dozens of local Internet service providers to block The Pirate Bay, Torrentz, TorrentHound, IsoHunt, SolarMovie, plus many proxy and mirror services.

Since then, more processes have been launched establishing site-blocking as a permanent fixture on the Aussie anti-piracy agenda. But with yet more applications for injunction looming on the horizon, how is the mechanism performing and does anything else need to be done to improve or amend it?

Those are the questions now being asked by the responsible department of the Australian Government via a consultation titled Review of Copyright Online Infringement Amendment. The review should’ve been carried out 18 months after the law’s introduction in 2015 but the department says that it delayed the consultation to let more evidence emerge.

“The Department of Communications and the Arts is seeking views from stakeholders on the questions put forward in this paper. The Department welcomes single, consolidated submissions from organizations or parties, capturing all views on the Copyright Amendment (Online Infringement) Act 2015 (Online Infringement Amendment),” the consultation paper begins.

The three key questions for response are as follows:

– How effective and efficient is the mechanism introduced by the Online Infringement Amendment?

– Is the application process working well for parties and are injunctions operating well, once granted?

– Are any amendments required to improve the operation of the Online Infringement Amendment?

Given the tendency for copyright holders to continuously demand more bang for their buck, it will perhaps come as a surprise that at least for now there is a level of consensus that the system is working as planned.

“Case law and survey data suggests the Online Infringement Amendment has enabled copyright owners to work with [Internet service providers] to reduce large-scale online copyright infringement. So far, it appears that copyright owners and [ISPs] find the current arrangement acceptable, clear and effective,” the paper reads.

Thus far under the legislation there have been four applications for injunctions through the Federal Court, notably against leading torrent indexes and browser-based streaming sites, which were both granted.

The other two processes, which began separately but will be heard together, at least in part, involve the recent trend of set-top box based streaming.

Village Roadshow, Disney, Universal, Warner Bros, Twentieth Century Fox, and Paramount are currently presenting their case to the Federal Court. Along with Hong Kong-based broadcaster Television Broadcasts Limited (TVB), which has a separate application, the companies have been told to put together quality evidence for an April 2018 hearing.

With these applications already in the pipeline, yet more are on the horizon. The paper notes that more applications are expected to reach the Federal Court shortly, with the Department of Communications monitoring to assess whether current arrangements are refined as additional applications are filed.

Thus far, however, steady progress appears to have been made. The paper cites various precedents established as a result of the blocking process including the use of landing pages to inform Internet users why sites are blocked and who is paying.

“Either a copyright owner or [ISP] can establish a landing page. If an [ISP] wishes to avoid the cost of its own landing page, it can redirect customers to one that the copyright owner would provide. Another precedent allocates responsibility for compliance costs. Cases to date have required copyright owners to pay all or a significant proportion of compliance costs,” the paper notes.

But perhaps the issue of most importance is whether site-blocking as a whole has had any effect on the levels of copyright infringement in Australia.

The Government says that research carried out by Kantar shows that downloading “fell slightly from 2015 to 2017” with a 5-10% decrease in individuals consuming unlicensed content across movies, music and television. It’s worth noting, however, that Netflix didn’t arrive on Australian shores until May 2015, just a month before the new legislation was passed.

Research commissioned by the Department of Communications and published a year later in 2016 (pdf) found that improved availability of legal streaming alternatives was the main contributor to falling infringement rates. In a juicy twist, the report also revealed that Aussie pirates were the entertainment industries’ best customers.

“The Department is aware that other factors — such as the increasing availability of television, music and film streaming services and of subscription gaming services — may also contribute to falling levels of copyright infringement,” the paper notes.

Submissions to the consultation (pdf) are invited by 5.00 pm AEST on Friday 16 March 2018 via the government’s website.

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