Australian ISPs propose “Notice and Discovery” scheme for infringing customers
Five major Australian Internet Service Providers have released details of a proposed scheme for assisting copyright owners to enforce their rights against customers downloading infringing material. Under the so-called “Notice and Discovery” scheme, the ISPs will send, first, an “education notice” and then, subsequently, “warning notices” to customers whose IP addresses have been associated with infringing downloads. In the event that a customer is sent three warning notices in a 12-month period, the ISP will inform the copyright owner of that fact – which will enable the copyright owner to apply to a court for an order that the ISP disclose the identity of the customer (a necessary precursor to bringing a court action against the customer).