My uninformed interpretation of the provision is that it's vague and unduly broad; I feel like a Court could easily go either way on including or excluding certain types of transfer from the definition of "file sharing" (and what is a "network"?), meaning there is significant uncertainty for users and ISPs. Notably, uncertainty and high compliance costs were one of the reasons ISPs didn't support the original Bill in the first place. I believe these concerns have been answered by a cost-sharing regime of some sort - though I haven't read the entire preamble.“file sharing is where material—
“(a) is downloaded from the Internet; or
“(b) is made available on the Internet by a user in a form in which the material may be downloaded by 1 or more other users; or
“(c) is transferred, directly or indirectly, via the Internet from one user to another user
“file sharing is where—
“(a) material is uploaded via, or downloaded from, the Internet using an application or network that enables the simultaneous sharing of material between multiple users; and
“(b) uploading and downloading may, but need not, occur at the same time
“infringement means an incidence of file sharing that involves the infringement of copyright in a work, or part of a work, by a user
We received costing information from a number of ISPs, with the estimated “notice processing fee” ranging between $14 and $56 per notice; the variation depended on the size of the ISP, and whether their system would be manual or automated.A disappointing feature (uh, more disappointing than the rest of this whole shitstorm) is the lack of protection for public organisations such as libraries and schools. As far as I can tell, this will only lead to such organisations removing internet access to avoid lawsuits.
We also recommend the insertion of new section 122N(4A) allowing the tribunal to decline to make an order of payment if it was satisfied that making an order would be “manifestly unjust” to the account holder. We considered carefully whether some account holders—for example, libraries and universities—should have an exemption or defence on the grounds that they did not have control over an infringer. We rejected such an approach as we consider it important that all account holders take measures to ensure that infringing file sharing does not occur on their account. However, we accept that there will be some circumstances in which the order of a payment would be manifestly unjust- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Jarpies and Jocks excluded.I found the following
I believe that the politically correct politically incorrect term is ""yarpies" ;)"Jocks", I'm guessing, is Scots.
"Yarpie" is a derogatory term for white South Africans, believed to originate from the Afrikaans word 'Jarpie', meaning 'farm-boy'.
Don't these file sharers have any original ideas?Two problems with that statement. Blanket statements about "these file sharers" aren't really that helpful, so here's a breakdown:
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posted by DU at 4:23 AM on April 13, 2011 [7 favorites]