What do I do now? (FAQs)

1. I received a communication that says my Internet account was identified as having been used to illegally copy and/or distribute copyrighted material over the Internet.  What does this mean?

Movies and TV shows are protected by copyright. The unauthorised downloading or uploading of movies and TV shows is actionable as copyright infringement, even if not done for profit. 

Illegal copying and distributing of copyrighted movies and TV shows is often accomplished using “peer-to-peer” (P2P) software, such as BitTorrent, installed on individual computers, which allows your computer to exchange files with other computers that are running similar software. P2P services usually configure their software so that any files you download (and any other files in your ‘shared folder’) are automatically made accessible to anyone else on the P2P network that requests them.

When you use such services to download and upload files, you are not anonymous. Whenever you connect to the Internet, your computer is assigned a unique ‘Internet protocol (IP) address’ from your Internet Service Provider (ISP). This unique IP address is used to identify your computer as the source of available files to all other computers on a P2P network. The infringement notice you received is the result of your computer having been identified as having engaged in an illegal transfer of copyrighted movies or TV shows.

A notice was sent to your ISP identifying the particular infringement and the associated IP address as well as the time and date when the infringement took place. Your ISP determined from its records that the IP address was assigned to your account when the infringement was committed. Your ISP then sent you the infringement notice you received.

2. What If I didn’t realise I was uploading copyrighted files?

In order to prevent the continued infringement of copyright on your account, you should remove the file(s) identified in this notice, as well as any other infringing files located in your P2P shared folder, and inform other users of your internet account to do the same.

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

That doesn’t mean that the notice is mistaken. IP addresses are not permanent; they change from time to time. Your ISP keeps records listing the IP address assigned to your account at any given time. According to your ISP’s records, when the IP address in question was identified illegally downloading and/or distributing the movie or TV show in question, the IP address was assigned to your account. So, even if your account has a different IP address now, according to your ISP’s records it was assigned the IP address in question when the infringement occurred.

4. What do I do now to resolve this?

First, you should look carefully at the notice you received from your ISP. That will tell you whether there are specific ISP mitigation measures associated with receiving the notice and what you need to do to rectify this.
Additionally, as indicated in the notice, you should immediately take the following steps in order to prevent further infringing activity and to prevent serious legal and other consequences:

  • Discontinue downloading and uploading unauthorised copies of movies and television programs, and inform other users of your internet account to do the same
  • Permanently delete from your computer all illegal movie or TV programs from all computers linked to the account. If you downloaded the file from a P2P service or a website that seems too good to be true, for example, a site or service offering free copies of movies still in cinemas - then assume it is not legal
  • If you use P2P for lawful purposes (to upload or download files that you are legally authorised to reproduce or distribute), make sure the only authorised files in your P2P shared folder are only the ones you are authorised to distribute in this way
  • Remember, distributing files illegally puts you at risk of sanctions which are imposed for violating your ISP’s terms of service as well as substantial civil, and in some cases, criminal penalties.

5. I’ve heard that P2P services can be risky.  How are they risky?

Many P2P services are overwhelmingly used to infringe copyright. Recent research undertaken by the University of Ballarat found that at least 89% of all BitTorrent traffic infringed copyright.
P2P services are unlike most websites in that they enable files to be downloaded directly from any computer (peer) on the network, rather than from a single, centralised computer server or website. With many of these P2P services, when you download a file from another user, that file is indexed and your computer automatically becomes a distributor of that file to others.
When you use such services to download infringing files, you are not anonymous and you subject yourself to serious potential legal penalties as well as other sanctions.
In addition, malicious users utilise some P2P networks to spread viruses, worms and Trojan horses (programs enabling hackers to gain control of your computer). Illegal file transfers can also expose your private computer files to strangers, increasing the risk of identity theft. 
To learn more about these risks, please click here

6. I want to delete the copies of the unauthorized films or television shows on my computer. How do I do this?

If you know the name of the title you are looking for, you can use the ‘Search’ function on your computer system to search for your files by name. If you can’t find a title at first, try searching for one particular word of the title, or by entering the filename indicated on the notice. You may also use this same function to search by file types commonly associated with movies or TV programs. Check your user manual, or the ‘Help’ feature on your computer, to find out how to use this function.

7. What’s the big deal?

Intellectual property industries, like the film and television industry, are central to the stability and further growth of the Australian economy.
The film and television industry alone supports more than 50,000 Australian jobs, contributes $1.8 billion in taxes (which help pay for schools, health and other community priorities), and contributes an estimated $5.3 billion annually towards our country’s economy. For more information, click here

When movies and television programs are stolen, those affected include local cinemas, family run DVD stores, writers, actors and other artists who contribute to the movies we love, and the carpenters, make-up artists, grips and other production crew members who depend on a healthy industry for their jobs and their families’ income.
The economic loss also reverberates across the wider economy, negatively affecting a range of local businesses and services.

Movie and TV theft also has an enormous impact on those who enjoy going to the movies or watching quality TV programs. Quality movies and TV programs are expensive to produce.
By contrast, when people choose to see legitimate content whether at the cinema, on DVD, on television or via a legal website, they are contributing to further investment in new films and television shows. Fortunately, copyright also makes it possible for consumers to enjoy their favourite films and TV programs legally. Many consumers now watch TV programs online and for free, using various forms of catch-up TV websites. Lower-cost online rentals of films are also becoming quite popular. These options offer flexibility to the consumer, while also ensuring we can continue to enjoy great film and TV in the future.

8. But the TV and movie industry already makes billions. Why should I care if I’m saving myself a few dollars?

The reality is that the Australian movie and TV community doesn’t make anywhere near the figures that are often assumed. And it is a risky business – you never know if a movie or TV series is going to make any money until it’s actually finished and marketed.

Quality movies and television shows are expensive to produce. If movies are routinely stolen and distributed over the Internet or on unauthorised DVDs, then it becomes less likely that people will invest in the big, high-quality films and TV shows we love.
People can earn a decent living in the industry, but in order to continue to do that, they need to be able to be paid for their hard work.
Some people, meanwhile, justify infringing only the big Hollywood movies, but increasingly, these movies will be using some form of Australian talent, be it actors, directors or behind-the-scene expertise such as special effects developers and animators. Infringement against international movies does affect the Australian industry.

Copyright infringement also affects other industries such as retailers, distributors, cinema operators and DVD/Blu-ray stores, many of whom are small businesses. Copyright infringement hurts these businesses long before it has an impact on big movie companies or stars.

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

The Movie and TV community in Australia is committed to a safe and legal online environment, where consumers have many choices for viewing the movies and TV programs they love, and they are constantly developing new ways to deliver their content to you.
There are many legal, affordable and even free places where you can find high-quality and premium programming how and when you want it.  Please click here for a number of legal and safe sites where content is available for downloading and streaming. This will be updated periodically.

10. I believe that someone else may have used my Internet access without my knowledge or approval. How can I secure my Internet access?

If you are unsure who is accessing your Internet service you should check the security of your wireless network. As an account holder, this is your responsibility.
In general, most consumer grade network hardware has security features that, when properly configured, can make it very difficult if not impossible for someone to use your Internet access without your knowledge. Due to the variety of computers and their network connections, network hardware vendors do not enable or pre-configure these security features and instead leave that responsibility to you, the consumer. If you acquired your network hardware (wired or wireless router) from your Internet Service Provider (ISP) when you subscribed to your Internet service, they may be able to help you configure the security features. If you acquired your network hardware on your own the following information will help you secure your Internet access.

There are two ways that your computer can be connected to broadband (DSL or Cable) networks: wired or wireless.

FIXED/WIRED: If you have a wired connection, the person must have been physically inside your home or other place where your network is located and must have connected their computer directly in order to use your Internet access. So it is important for you to ensure that you secure your network properly and to ensure that you only provide the necessary password and other permissions to people who you wish to use your network.

WIRELESS: If you have a wireless connection, and it is not secured properly, it would be possible for someone to connect to your network from outside your home or other physical location where your network is situated – for example from a car parked close by or from a neighbour’s home. This is the most common reason that people receive notices from their ISPs even though they are certain that nobody within their household or group of authorised users has participated in any illegal uploading or downloading activity. So it is important for you to secure your network properly to ensure that no unauthorised person will be able to access it without your permission. What follows are several suggestions for improving security of your wireless network.

By connecting all computers to a wireless router, you can provide Internet access to more than one computer with both wired and wireless. The router masks all connected computers visibility on the public Internet making it more difficult to hack any of them.
There are several security features that can be enabled to enhance the security of your network.
Refer to the documentation that came with your hardware or the manufacturer’s technical support website for more information on configuring these and other settings:

  • Configure your Router’s access settings: Usually found in the administration area of the router’s configuration software. Typically you want to enable local access and disable remote access to the router’s administration software so that changes can be made from computers within the local network only. Use a complex password and don’t share it.
  • Network Address Server Settings (DHCP): Limit the number of DHCP clients. If you have 5 devices you don’t need 100 DHCP addresses, set this to some reasonable number more than the number of devices you have. Always use private non-routable addresses such as 10.x.x.x, 172.x.x.x, or 192.168.x.x. Most consumer routers are pre-configured to use the 192.168.x.x address scheme. Wireless access points and cable/DSL routers make it easier for hackers to get into your network and computers without having to get into your house. This can be done simply by sitting in a car across the street with a wireless enabled laptop and freely available software.

Here are some steps that can be taken to make it significantly more difficult for them:

Change the location of your wireless router/access point

If possible, place the wireless router or access point in a location that is central and the lowest point within your home. This will focus the signal upwards and cause the signal to be weak outside the home.

Change the default password in your wireless router or access point

For example, the supplied default admin password in all LinkSys routers is “admin”. Many consumers never change this making it easy for someone to use your network without your knowledge.

Change the default SSID name

For example, the supplied default SSID in all LinkSys wireless products is “linksys”. Many consumers never change this making it easy for someone to use your network without your knowledge.

Disable SSID broadcast

This way someone would have to guess the name of your wireless network in order to join it.

Update to the latest firmware available from the manufacturer

Many times the manufacturer adds new security features or patches problems with the previous version’s security features. It is highly recommended that you install and maintain security software that includes Anti-Virus, Anti-Spyware, Anti-Spam and Personal Firewall features on all computers.

Enable wireless security

Use WPA if available instead of WEP which is prone to attack.

Security Software Manufacturers:
Symantec: http://www.symantec.com.au/
Microsoft: http://www.microsoft.com.au/security
McAfee: http://www.mcafee.com.au/
ESET: http://www.eset.com.au/
Kaspersky: http://www.kasperskyanz.com.au/
Avast: http://www.avast.com.au/
Panda: http://www.pandasecurity.com.au/
eEye: http://www.eeye.com
TrendMicro: http://www.trendmicro.com.au/

Legal Sources
The Australian Movie and TV community have made significant investments in technologies that allow you to access entertainment in a variety of legal, affordable and even free ways. Please click here for a list of legal and safe sites where content is available for downloading and streaming. This will be updated periodically.