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3 J. Int'l Media & Ent. L. 221 (2010-2011)
Safe Harbors in Choppy Waters - Building a Sensible Approach to Liability of Internet Intermediaries in Australia

handle is hein.journals/jintmeel3 and id is 229 raw text is: Safe Harbors in Choppy Waters-Building a Sensible Approach to Liability of Internet Intermediaries in Australia Peter Leonard* Table of Contents: I. Background ..................................... 221 II. Scope of this Article .............. ................. 222 III. Ruminations About Intermediaries: Impermissible or Just Plain Impossible? ................. 226 IV. Building Safe Harbors: Why Are So Many 'Safe Harbors' So Unsafe? ........................... 235 V. Section 230 of the Communications Decency Act................. 238 VI. Digital Millennium Copyright Act 1998 (DMCA) ................ 241 VII. EU Directive on Electronic Commerce........... ..... 243 VIII. Repeat Infringers and Graduated Response ...... ....... 249 IX. The Australian Safe Harbors: Safe Harbors: Schedule 5-Online Services to the Broadcasting Services Act ....................................... 254 X. Conclusion ........................... ........ 261 I. Background There has been extensive academic and copyright practitioner anal- ysis of the application of copyright law to internet service providers and internet users in the United States, the European Union, Australia, Canada and other major jurisdictions. This debate has been passionate and polarized. Occasionally the debate has descended into trading of slogans between content owners and internet access service provider (ISPs), enflamed by some of the more extreme pronouncements of the internet should be free brigade. The online copyright piracy debate in Australia was recently enlivened by debate as to the reasoning of Mr. Justice Cowdroy in the action initiated by thirty-four film and tele- *Partner, Gilbert + Tobin Lawyers, Sydney, Australia. LL.M., University of Sydney. He is a contributing editor of a number of international journals and is Australian chap- ter editor of World Online Business Law and Colin Long's Global Telecommunications Law and Practice, and co-editor of Communications Law and Policy in Australia. 221

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