At present, Australia has no plan to deal with the issue of piracy and illegal downloads. While much has been made of the proposed internet filter, the 2010 Federal election did not touch the issue of illegal downloads, which has become an increasingly debated subject in recent times. Australia’s delay in dealing with the issue is due in large part to a test case currently on appeal to the High Court.
Given that there is no legislative or judicial stance on the issue, how is the Australian government dealing with illegal downloads?
This article will outline where Australian law sits on the subject of policing of digital rights, in light of the current case. I will also look at the arguments for and against using ISPs to police the illegal download of copyrighted material, sourced from stakeholders in the issue. Thirdly, I will look at international responses to this problem, in particular the sections of the UK’s Digital Economy Act that refer to ISP monitoring of subscribers (and how its implementation is tracking) and the new bill before the Canadian government that is seeking to modernise the copyright law in the country – including updating the fair use, parody and satire provisions.
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