AFACT关于盗版下载的一些官方说法

patrickzhu

早上看到这个帖子 非法下载,TPG给我来信啦!!!
加上过去在CL2007同学的帖子公民素质  里的关于盗版下载的相关问题的讨论。

我找了一些澳洲的相关机构的官方说法，附在后面给大家看看，各位还是要小心才是。

The Australian Federation Against Copyright Theft
http://www.afact.org.au/index.html


Are individuals breaking the law if they purchase or are found in possession of pirate copies?

Individuals are breaking the law and are liable to criminal prosecution if they purchase or have in their possession pirate copies for the purpose of sale, hire or distribution. The maximum penalty is 5 years imprisonment or a $60,500 fine. All copies and all equipment used to make illegal copies are immediately confiscated by police and forfeited.

Pirate DVDs are effectively stolen goods, therefore individuals who knowingly buy pirate DVDs are in effect receiving stolen goods, aiding and abetting the commission of the offence.

What maximum penalties do consumers face for purchasing illegal DVDs?

Individuals who knowingly purchase pirate copies for their own use may be charged with aiding and abetting the commission of the offence, which can result in the same maximum penalty.

Individuals can best help by not supporting this criminal activity in any way. Most obviously, do not buy pirate copies of films, and report suspected copyright theft to


the AFACT free call number on 1800 251 996 or email www.moviepiracy.org.au.


*How much does piracy cost the industry in Australia?

In April 2005, LEK Consulting, in a report commissioned by the MPA, estimated that there were more than 47 million infringing copies of DVD movies in circulation in Australia, compared with 52.3 million genuine DVDs.

According to the LEK report, in Australia the film and television sector lost an estimated $230 million, including downloading losses (but not including free-to-air television programming). That's 11% of the potential market, a piracy rate that has nearly tripled since 2000.

* How fast is DVD piracy growing in Australia?

The distribution of unauthorized copies of movies including film, video and DVD rose from 4% in 2000 to around 11% of the legitimate market in 2005.

DVD-R technology has fast promoted local DVD burning as the preferred method of piracy 璽o around 80% of illegal discs seized at the end of 2004.

Weekend markets and swap meets are the mainstay for illegal operators with schools, pubs, workplaces, door to door sales, trader magazine and internet auction sites also being used.

The import and local replication of pirate DVDs is currently the most common manifestation of movie piracy in Australia, however the rapid penetration of broadband has made copyright theft over the internet the most damaging form of piracy to the film and TV industry in Australia.

patrickzhu

HAVE YOU RECEIVED A COPYRIGHT INFRINGMENT NOTICE FROM YOUR ISP ?

Pirate films cost the industry in Australia more than $230 million in 2005, affecting everyone from the creators of the film or TV program through to employees of the local cinema and rental store. Illegal filesharing has been found to cause the most damage in Australia.

Your ISP acting responsibly and in accordance with the law is obliged to inform you if your internet account is used to illegally transfer pirate copies of film and TV programs. Copyright infringement is illegal. As the account holder who becomes aware that the account is being used to transfer pirate programs in this way you are responsible to ensure it does not happen again and if so, no further action will be taken.

Answers to some frequently asked questions follow for your assistance:

1. I received a letter that says my computer was used to illegally transfer or share copyrighted material over the Internet. What does this mean?

Your Internet network connection was discovered using a peer to peer network to illegally transfer a movie or television show in a way that is against the law. Movies and television shows are types of property which are protected by law from copying without the permission of the copyright owner. In addition, this activity goes against your internet Service Provider’s (ISP) terms and conditions, which is why you received this notice.

2. What if my IP address does not match the one listed on the notice?

At the time the film or TV show in question was being transferred, your ISP identified your modem as the current owner of the IP address transferring that content.

3. What do I do now/How do I resolve this matter?

In order to avoid another notice in the future you can take steps to ensure that your computer is no longer used to illegally distribute movie and television files, first by deleting any files you (or someone using your Internet connection) have illegally downloaded.
If you continue to transfer movies illegally, you are breaching the terms and condition of your ISP and they are obligated by law to take further action.

4. What are peer-to-peer networks?

A peer-to-peer (P2P) computer network allows users to connect to each other and share content. Many people today use peer-to-peer file sharing, which is uploading and downloading of content. There are lots of good reasons to do so, but some peer-to-peer Web sites encourage piracy—or theft—of movies and television shows. This activity is not only illegal, it can also put your computer at risk for harmful viruses, computer worms or Trojan horses.

And consider that once you sign up for an illegal peer-to-peer site you begin to offer content on
your computer to others. So, by joining these services you could become a distribution source for illegal downloading of movies, television programs and more. In addition, network users can gain a backdoor to your hard drive while you are online, thereby seeing your personal information such as bank records, tax file numbers and other private documents.

In order to remove peer to peer software follow the instructions for your computer system to
uninstall programs.

5. Am I in trouble? What is going to happen to me?

Your account is being used to infringe copyright which is illegal. If you ensure this does not happen again no further action will be taken. If you continue to transfer movies illegally, you are breaching the terms and condition of your ISP and they are obligated by law to take further action which may include limiting your internet download capacity, suspending your account or a range of other measures.

6. How do I stop others using my computer?

You may wish to consider password protecting your computer.

7. How did you get this information that I have been filesharing movies?

The internet is a highly transparent medium and standard technology can access information that is voluntarily placed in the public domain when individuals use peer to peer networks. Your ISP is able to identify from the IP addresses we sent them which of their customers are engaged in illegal file sharing of movies or TV programs and can take further action.

Your network connection was detected distributing illegal files because you have peer-to-peer
(P2P) software installed on your computer. That software, which allows your computer to download files from others who have the same software, is usually configured so that any downloaded files (and any other files in your “shared folder”) are automatically uploaded and provided to anyone who asks for them.

8. You say I must delete the copies of the unauthorised films or television shows. How do I do
this?

Most computer systems have a “search” function you can use that allows you to search your files by name. If you do not know how to use this feature, you should check your user manual for instructions. If, on your first search, you do not find the movie title you are looking for try searching for one particular word in the title.

9. I have no idea how this could have happened. I’ve never downloaded an illegal copy of a feature film or television show. How could I have received this letter?
Someone has been identified accessing these copyright protected files on your computer. You
need to ensure that anyone who has access to your computer is not illegally transferring films and TV shows.

You should check your computer for the movies or television shows listed in the letter and delete them。

10. I am not a technical person. I don’t even know how to get started. Is there anyone I can talk to who can help me secure my Internet connection to make sure that it is not used in the future for illegal file sharing?

For help in securing your Internet connection against illegal file sharing, contact the technical
support staff at your Internet service provider.

11. What’s the big deal?

Illegal file sharing of movies and TV programs is an infringement of copyright and is in breach of your ISP’s terms and conditions. They are obligated by law and by those terms to take action to prevent this copyright infringement.

The film and television industry in Australia employs 50,000 people. Piracy is costing the industry more than $230 million in 2005, with broadband penetration increasing significantly since then.

12. Where can I get the movies and TV shows that I want online legally?

There are a number of legal, affordable and even free services where you can find high-quality and premium programming.

http://www.apple.com/au/itunes/store/
http://www.bigpondmovies.com/
http://www.ten.com.au/
http://video.ninemsn.com.au/catchuptv/
http://www.abc.net.au/tv/video/downloads.htm
http://shop.abc.net.au/downloads
http://www.abc.net.au/tv/iview/

[ 本帖最后由 patrickzhu 于 2008-10-13 12:41 编辑 ]

WTFAUS

if they purchase or have in their possession pirate copies for the purpose of sale, hire or distribution.

这是不是说，看完要删，不能互相借阅的意思？
我早已经停止和同事分享了。自己看看就算了

patrickzhu

欢迎大家来讨论

hotwinter

怕怕ing...

黑山老妖

不要share太多电影、歌曲。特别是热映中的和新的电影。

要下载bt也要到安全的地方下载，比如demonoid和isohunt。有些下载点根本就是trap。

dickson

我的问题是： 他们能光凭一个IP就能定你的罪吗？

patrickzhu

原帖由 dickson 于 2008-10-13 12:14 发表
我的问题是： 他们能光凭一个IP就能定你的罪吗？

不知道。
在这个官方的新闻简报里的案例都是和烦闷牟利有关的定罪。

不过可以肯定的是，下载盗版电影（即便你不用来盈利和与他人分享）绝对是illegal的，官方说法就是“犯罪行为”

刀剑笑

用Peer Guardian会好一点。

黑山老妖

原帖由 dickson 于 13/10/2008 12:14 发表
我的问题是： 他们能光凭一个IP就能定你的罪吗？

大家的问题是：谁有钱+精力和他们打官司吗？

bee4217

看看，这就把人吓得。。呵呵！

其实根本就没必要担心。

收到类似通知所能造成的最坏后果就是被ISP解除合同（至少目前还没有先例）。whirlpool上曾经做过调查，很多人至少收到一次以上此类通知。ISP每天收到上百封此类信件，它们才没兴趣管谁下载了什么。转发给用户的目的就是给某些机构个交待：口信我是帮你带到了，剩下人家怎么做可不管我的事了。哪个开公司的真的愿意踢走自己顾客，这不是和自己找麻烦？！

另附一份最近从EXETEL寄来的给大家参考。

Exetel have received a Notice of Claimed Infringement relating to the IP
address of your Exetel ADSL account. In forwarding you this notice Exetel
are not alleging that you are infringing any copyright but are advising you
that some other party has alleged that you have and has particularised that
allegation within the following notice.

The details of the notice are:

Issued by:  Mr Neil Gaine
           Director of Operations
           Australian Federation Against Copyright Theft
           PO Box 515
           Mona Vale NSW 1660
           Phone: +61 2 9997 8011
           Fax:   +61 2 9999 2466
           Toll Free:  1800 251 996
           email:  info@afact.com.au
           Web:  www.afact.com.au

IP address:      **.**.**.**
Date and Time:   29-09-2008 19:21 UTC
File Downloaded: *******[2008]DvDrip[Eng]-aXXo

We are taking this opportunity to remind you that under the terms of the
provision of the Exetel ADSL Service you may not use your Exetel ADSL
account for any illegal activity. You may choose to deal with this notice in
the following ways:

1) Ignore it
2) Respond to the issuer of the notice denying the allegation (you may
  choose to copy Exetel on this response)
3) Remove the copyright infringing material

If Exetel receive another notice that alleges you are infringing copyright
we will ask you to show cause why we should not ask you to move your ADSL
service to another ADSL provider.

Regards,
Exetel Support

hotwinter

回11楼，我家就被断网了！还说再犯就必须换ISP.

dickson

原帖由 hotwinter 于 2008-10-13 13:16 发表
回11楼，我家就被断网了！还说再犯就必须换ISP.

不会吧，你是哪家ISP?

bee4217

原帖由 hotwinter 于 2008-10-13 13:16 发表
回11楼，我家就被断网了！还说再犯就必须换ISP.

如果是exetel的话去http://blocked.exetel.com.au/abuse.php 选择第二个option，再打点字进去，最后别忘了填上你家电话号码，然后submit就行。应该马上就恢复了，不行的话重启modem。

joaquin

原帖由 patrickzhu 于 2008-10-13 12:28 发表

不知道。
在这个官方的新闻简报里的案例都是和烦闷牟利有关的定罪。

不过可以肯定的是，下载盗版电影（即便你不用来盈利和与他人分享）绝对是illegal的，官方说法就是“犯罪行为”

I told you so....

hotwinter

原帖由 bee4217 于 2008-10-13 13:23 发表


如果是exetel的话去http://blocked.exetel.com.au/abuse.php 选择第二个option，再打点字进去，最后别忘了填上你家电话号码，然后submit就行。应该马上就恢复了，不行的话重启modem。

是Exetel，第二天恢复的。

steveking

我非常支持这项举措，这样LD就不会没日没夜滴看韩剧和日剧啦

黑山老妖

原帖由 steveking 于 13/10/2008 13:32 发表
我非常支持这项举措，这样LD就不会没日没夜滴看韩剧和日剧啦

韩剧和日剧根本没人管。只有那些好莱坞的才有人管。

steveking

不能不说吗

原帖由 黑山老妖 于 2008-10-13 13:34 发表

韩剧和日剧根本没人管。只有那些好莱坞的才有人管。

黑山老妖

原帖由 steveking 于 13/10/2008 13:35 发表
不能不说吗

说不定你LD也在看这个帖子的哦。

patrickzhu

原帖由 steveking 于 2008-10-13 13:32 发表
我非常支持这项举措，这样LD就不会没日没夜滴看韩剧和日剧啦

SK老实交代，有没有做过“illegal”的事情？

masterniu

我收到过至少3封这样的警告信，都是从tpg的，后来发现所有被警告的都是share了很久的文件，基本上都是游戏，所以，现在下载热门的东西，下载完毕之后立刻停止上传，虽然这样做很不道义对于提供种子的人来说，但的确是非常无奈之举。
现在很少下载热门的好莱坞电影了，大部分都下载日剧，港剧，韩剧，看丫的能把我怎样。

victonzhang

我下载热门的好莱坞电影都是从常去的论坛选择MEGALOAD或RAPIDSHARE的文件来下载的，从不用BT,电驴之类的p-p软件，
这样就确保万无一失啦！

doubleseven

谢谢朱爹啦
综合大家的说法
俺感觉，还是在国内字幕论坛给的种子，应该安全

cynosure

我只用迅雷下载国内的有中文字幕的片子，这样也能被抓？

rogerk

我不下载，我在线看，他总不能说我不能看吧。。。

猫爸

国内的迅雷或者verycd上的资源应该没人管吧,尤其是压成RMVB的带字幕的美剧日剧什么的.

我猜可能是对电影大片和流行的软件游戏管的严一点.

applenet

得....在澳洲又失去一个乐趣...

masterniu

谁说日剧没人管啊!!我下载naruto就收到了tpg的来信,不过这已经是第四封了.....

CCNBand

同意26楼，在线怎么算？