T
he digital era has created a paradigm
shift in how people interact with media,
and business models that were previously
effective no longer stand. Rather than
the creation and distribution of physical copies
of creative content (e.g. music, film, literature),
producers now deal in digital files that can be
duplicated almost infinitely without the original file
being diminished or destroyed. This technological
development has removed the need to physically
own content. It has also brought with it the
possibility for users to share files though the entirety
of the internet to whoever seeks them, at no cost.
Here in Australia, more and more end users are
avoiding all payment for creative services, primarily
through online downloading facilitated through
peer-to-peer (P2P) servers. There are many reasons
online piracy has grown so rapidly: delayed or
limited access to content from outside Australia,
high price of legal content, and some users’
unwillingness to pay for any entertainment services.
A genuine solution to the problem of online piracy
will address these fundamental root causes.
The anti-piracy reforms that have been proposed
by the current government do not do this. Instead,
they attempt to stop online copyright infringement
through regulatory enforcement. Current proposals
aim to reduce piracy by expanding the scope
of responsibility for copyright infringement to
include companies who provide internet service.
The government also aims to regulate Australians’
internet access by blocking certain sites deemed
to be facilitating infringing activities. As I hope to
show, these regulations would be more burdensome
than beneficial.