Of the four agencies currently talking with the Internet Industry Association (IIA) ARIA is the only one to have terminated talks, sending a letter to that effect to the IIA last month. The discussions centre on a code of conduct in respect to take down notices for copyright infringing material.
"It appears at present that any takedown protocol would only serve to support the Internet industry commercially rather than effectively protecting copyright which the courts consistently confirm should be protected in the online environment," read the letter.
The Business Software Association (BSA) initiated separate talks with the IIA and explored the possibility of a joint code of conduct in respect to take down notices, but is still in discussion with the IIA.
"BSA is committed to seek a voluntary code of conduct with IIA and we think IIA is also interested in concluding such a voluntary agreement," Jeffrey Hardee, vice president and regional director Asia Pacific BSA told ZDNet Australia.
"BSA considers take-down notices to be a very effective way of fighting piracy provided the ISPs who are hosting sites take the sites down when they have been notified that the sites are infringing copyrights," said Hardee, contradicting the conclusions of ARIA. "It is in the interest of right holders and ISPs to ensure that the online world is not a market place for illegal product nor a haven for the unauthorised distribution of copyright works whether or not for profit."
A spokesperson for the Australasian Performing Right Association (APRA) told ZDNet Australia the association was still in negotiations with the IIA. "We think [take down notices are] a very important part of the way we administer our licences," said the spokesperson. "Otherwise there'd be no way of regulating how music is exploited online."
ARIA left the door open to resume talks, ending its letter with: "We are hopeful that we can revisit this process when we better understand the full extent of the financial benefits your stakeholders gain from the illegal traffic in infringing sound recordings."
