back to article Big content seeks specialist court for copyright cases

Australia's music lobby has stepped up its calls for intervention against unauthorised copying, asking the government to establish a special court system devoted to copyright. Former Australian Federation Against Copyright Theft (AFACT) enforcer Michael Speck made the call speaking to The Sydney Morning Herald, following the …

  1. david 12 Silver badge

    Criminalize AFACT

    Back in the day, when the criminalization features were first added to the Aus copyright act, it also became a criminal offence to falsely accuse someone of copyright infringement.

    No idea what the state of the paly is now, after several re-writes of the copyright act.

    Writing as one who has been falsely accused of copyright infringement, I'd be pleased to see some lawbreakers brought to book. I've never heard of the false accusation sections being used, if they still exist. That seems unbalanced.

    1. John Tserkezis

      Re: Criminalize AFACT

      "No idea what the state of the paly is now, after several re-writes of the copyright act."

      It's been fixed. Now everyone is guilty by default.

  2. zenmaster

    Does “occur on a commercial scale” require money to be exchanged?

    Does commercial solely mean a monetary transaction?

    Or does the word 'scale' allow for the interpretation of distribution numbers only, regardless of monies changing hands?

    1. Tim Bates

      Re: Does “occur on a commercial scale” require money to be exchanged?

      Scale would mean simply doing it enough that you could make a living off it if you did sell. There wouldn't need to be any proof of actually making money.

  3. Throatwobbler Mangrove

    "The former Federal Magistrates' Court, renamed the Federal Circuit Court in 2013, provides an appropriate template, since its purpose is to offer streamlined procedures as an alternative to the Family Court of Australia"

    Did you mean that the Fed Circuit Court is supposed to be an alternative to the FEDERAL Court of Australia? I didn't think that the Fed Family Court and Fed Circuit Court both had jurisdiction to hear family law matters.

    I don't think the comparison to the budget of the Fed Circuit Court bears much examination, frankly - it does far more than a Federal Pirating Court ever would. But in any case this government isn't going to be very interested in setting up new microcourts - they've only just finished amalgamating all the specialist admin tribunals into the AAT. (And it's a terrible idea to start with).

  4. Dan Paul

    Perhaps The Australian Federal Circuit Court has...

    better things to do with it's time and resources than prosecute individuals for Copyright theft?

    In almost all western law there is one tenet that stands out and that is "Let The Punishment fit the Crime". IE: We don't use the death penalty for shoplifting. We don't cut off your hand for pickpocketing. We don't have a debtors prison (anymore) and the penalties for downloading movies are way too extreme for the crime!

    In fact, as the punishment exceeds the scope of the crime, one could argue that the entire law is out of whack and cannot be applied unless changed or repealed.

    I offer that many courts, certainly many police would say (off the record) that copy right theft (downloading movies, music, etc) is not even worth their time as there are MANY more worthwhile crimes that need to be prosecuted and it seems, never enough time. THATS, why the scum want their own court so it's dedicated to the process.

    In the states there is a process called jury nullification or the "refusal to fully prosecute" a law by the jury. This can be the most expiditious way to void the effects of an unjust law or arrest.

    1. Tim Bates

      Re: Perhaps The Australian Federal Circuit Court has...

      Copright "theft"? Would that be the act of stealing the ownership of the IP? How do you even do that?

  5. AsherGoldbergstein

    The copyright monopoly will continue to push for harder sentencing and will move the goal posts inch by inch until it's where they want them. You need to swiftly reject every single movement they push for or it will be draconian in no time.

  6. tom dial Silver badge

    We in the US have seen how well specialized courts work out, in the form of the Court of Appeals for the Federal District (specializing in patent issues).

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