Abstract:
This paper explores the liabilities and responsibilities of Internet Service Providers for infringing file sharing by their customers. In particular, the definition of Internet Service Provider is examined and considered how it differs from the UK and Australian definitions. Having established that there is international inconsistency, the background to the infringing file sharing regime as proposed in the Copyright (Infringing File Sharing) Amendment Bill 2010 is considered and whether the copyright rationales for such a regime bear close scrutiny. By considering the necessity, appropriateness, efficacy and consequences of an internet service suspension regime, the paper concludes that the Bill is premature, copyright is not enhanced by such a regime and there should be further consideration to ensure international consistency and that the potential of the internet is not unnecessarily curbed.
