Hi all,
I've read S92a of the copyright act (quoted below; it's remarkably short). Can anyone explain how we've reached the conclusion that this equates to guilt-upon-accusation? Yes, ISPs have to have policies to handle "repeat infringers" - but then most ISPs already have policies that rule out illegal use, and provide for termination in that event.
Section 92 doesn't specifically define infringement, although it is defined elsewhere in the Act. Surely in order to be considered an "infringer" something would have to be proven against you; in which case S92a is no worse than any other section of the Act. Maybe I'm missing something - comments?
Here's Section 92a in all its glory:
92A Internet service provider must have policy for terminating accounts of repeat infringers(1) An Internet service provider must adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the account with that Internet service provider of a repeat infringer.(2) In subsection (1), repeat infringer means a person who repeatedly infringes the copyright in a work by using 1 or more of the Internet services of the Internet service provider to do a restricted act without the consent of the copyright owner.
[edited to correct formatting]