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Foxtel recommends “reasonable steps” against piracy ahead of broadband bundle

Foxtel recommends a "graduated response" against illegal pirates in the form of warnings before slowing speeds and blocking pirate sites.

pirateHas Foxtel diminished its bundle appeal with its recommendation that it wants “reasonable steps” against illegal pirates ahead of its upcoming broadband service?

Foxtel’s triple play bundle of broadband / television / phone will be offered early next year, despite being originally announced for 2014.

It has now weighed into the ongoing debate of what measures an internet provider should take against customers found to be illegally downloading copyright content.

In its submission to the government’s online copyright infringement discussion paper, Foxtel recommended a “graduated” response, as used in other countries. This comprises several warnings to customers before those reasonable steps kick in.

“To be clear, Foxtel is not advocating account termination as a form of sanction however Foxtel submits that shaping is an example of an appropriate mitigation measure within a graduated scheme,” it said in part.

“Foxtel acknowledges that everyone has a part to play in reducing the incidence of online copyright infringement. Foxtel has and will continue to provide ways to access age content quickly, conveniently and at reasonable prices.”

Noting the huge download numbers for Game of Thrones and the Breaking Bad finales, it said, “Despite Foxtel’s efforts to bring these programs to Australians as soon as possible, it is noteworthy that these are among the most frequently pirated programs online.”

In the submission Foxtel recommends the US graduated response with a minimum of four notices to pirate subscribers, but up to 6.

Foxtel strongly believes that the Australian scheme must have some mitigation measures as is the case in the US CAS. The CAS provides the carriage service provider with the discretion to implement one of a number of mitigation measures including:
• significantly slowing down subscribers’ internet speed for a prescribed period;
• restricting the web pages on the internet that are accessible using the subscriber’s account for a prescribed period;
• implementing redirection of the subscriber’s internet account to an information page for a prescribed period or for such time until the subscriber undertakes an activity to acknowledge receipt of the notice; and/or
• such other technological measure which will have an equivalent impact on the subscriber’s access to full internet capabilities, but which will not result in termination of the subscriber’s access to the internet and emergency services.

You can read the 41 page submission here.

There are also 2 excellent articles on Sydney Morning Herald and Gizmodo Australia on the topic.

4 Responses

  1. Foxtel cannot fool me! After years of extortion level prices, they think they can reduce their package prices a little bit to get the middle/lower class Australian hating Liberal government to take their side and bring in a heap of laws designed to force/coerce people into paying for channels they don’t need, want and will never watch.

    I continue to be disappointed that Foxtel (despite being an Australian company for the Australian people); refuses to have an Australian content channel. We have decades worth of classic & new Australian content which deserves a place to be seen by fans and new viewers who continue to be neglected. Imagine the great programming they could air on an Aussie only channel: A Country Practice, Cop Shop, Number 96, The Sullivans, The Young Doctors, The Restless Years, Sons and Daughters, Prisoner, Skyways, Carson’s Law, Richmond Hill, E-Street,…

  2. Not surprised foxtel has come out with this. It is not all Foxtels fault though. At least the show some things quickly and in HD and there packages will become cheaper and more flexible in a couple of months for many people.

    Until free to air comes to the party with HD and quicker and consistent airing, many will continue to go elsewhere and find a way regardless of any obstacle.

  3. Maybe if they reduced the package costs then more people could afford Foxtel and less people would need to go else where?

    As for Piracy people will find a way to get around it if they want to. Just using prepaid sim-card in a mobile divice and share the connection, more expensive than ADSL but it works or just get a VPN for a few dollars a week.

    Just like piracy in any for people will find a way, the industry need to find a solution to allow users the content they want at a reasonable price sooner. Apple (and others) made it work with music but are being held back on the TV shows side with outdated rules regarding first run rights and cos, most still prefer to wait for the physical DVD when it comes to a TV series.

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