linking to sites that host files now illegal in AU?

ripley

Well-known member
ZDNet Australia says that a Judge just ruled that websites that post links to other websites that host infringing material are breaking the law.

while the mind boggles at the idea that Australian content-owners will start suing those outside Australia, it puts Australian music bloggers, music fans and suchlike in a pretty bad position. And does it mean that Sony's Australian office could sue someone who runs a website somewhere else, from Australia? The question of jurisdiction onthe internet is pretty unsettled in the US, internationally it seems even weirder.

looks unpleasant.. and also completely fucking ridiculous.
 

michael

Bring out the vacuum
Genius. So easily enforceable. :p

I think I've already mentioned this, but FWIW format shifting is illegal here (and in New Zealand). So if you own a CD you cannot make a copy of it for your own use, nor can you rip it to your hard disk. Nor can you record vinyl in order to chuck it on CD or turn it into MP3s.

I found this very funny when looking to buy a digital audio player, cos everywhere I went the shop staff were explaining how you could rip CDs, how you could make mixes of your favourite songs, and not only explaining but raving about how good this was.

Under Australian law it's not at all debatable that they were promoting an illegal activity.

I think if you have an iPod or similar, about the only thing you can put on it legally is music you purchase as digital audio or can legitimately download. Plus anything you have rights over, obviously. :) Not sure how this would extend to online mixes, but I think they would generally be considered completely illegal unless licenced, eh?

Not sure if there'll be a case on this. If it happens it would only be vaguely viable (well, as a point scoring exercise or something) against those who are providing the players, not against the end users.
 

michael

Bring out the vacuum
If I were a lawyer trying to defend a blogger I'd argue that putting the odd link on a blog is factually different from setting up a site exclusively to link to unlicensed material. Therefore the precedent set by the above case wouldn't be binding.

Mind you, having a blog exclusively to link to unlicensed material might be seen as similar to this guy who got charged...
 

Canada J Soup

Monkey Man
I wonder what the Australian courts' position on linking to a site like allofmp3.com would be. It provides what I imagine would be considered illegal downloads under Australian copyright law (and much of the rest of the world) but isn't breaking any Russian laws since infringement only exists if a physical duplicate of the CD is made.
 
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