Aussie Big Content has decided that taking on the UN might be a bit too much and it has back tracked on pushing for three strikes rules.
Last week the UN ruled that the three strikes law which cuts off internet access infringes human rights.
Now according to the Sydney Morning Herald, the Aussie music industry has retreated from its much held demands for a three strikes law.
The outfits have been suing Aussie ISPs to force them to set up three strikes schemes. Unlike France, Britain and New Zealand, where human rights are one of those things that are not as important as the ability of politicians to get invited to parties where movie stars show up, the Australian government resisted bringing in a three strikes scheme
Perhaps this is because no one is ever going to invite an Aussie politician to one of their parties even if they paid a million dollars.
The UN report found graduated response schemes may violate the International Covenant on Civil and Political Rights and such schemes should be repealed.
According to the Herald, Sabiene Heindl, general manager of the music industry’s anti-piracy arm, Music Industry Piracy Investigations, admitted that the game was up and while there needed to be “mitigation measures” for those engaged in repeated illegal file sharing but “such measures would not include termination of internet accounts”.
This is the opposite of what the industry’s previous stance was and since Heindl was also speaking on behalf of the Australian Content Industry Group (ACIG), which includes MIPI and the book, computer software and video games industries, it is likely it is an across the board retreat.
Peter Coroneos, chief executive of the Internet Industry Association said that there had been a change in sentiment in Big Content.
Some think that there is a split between the different parts of the content industry, with some working out that three strikes was too extreme and that politicians were not happy about talking about disconnecting families from the internet and they’re backing away from that.
On the other side of the table, Big Content outfit AFACT pointed out that the UN report had not been officially endorsed or adopted by the UN and its recommendations did not bind UN member states. It insists that a graduated response scheme is a breach of human rights.
It said that in Blighty where ISPs challenged British graduated response laws, Justice Parker found that copyright is a fundamental property right which must be balanced with other fundamental rights, such as freedom of expression.