Internet service providers (ISPs) have rejected a demand by the music industry association, the Recording Industry of SA (Risa), to block access to two overseas-based free music-downloading sites.
Earlier this week, Risa issued a “Web site blocking notice” mainly to members of the Internet Service Providers' Association (ISPA). It demanded they block access to gomusic.ru and soundike.com, saying they are in contravention of the Copyright Act and the Electronic Communications and Transactions (ECT) Act.
Risa operations officer David du Plessis, who signed the letters, said he would only be able to answer questions sent to him by ITWeb early next week.
However, ISPs have rejected Risa's demand out of hand.
“We view this as an attack on the freedom of the Internet and, pending further legal advice, we will not comply with this blocking notice,” says Henk Kleynhans, MD of Skyrove.
ISPA GM Ant Brookes says his association held discussions with Risa about the issue and advised it that such blocking notices were not catered for in terms of the ECT Act.
“The law does not make provision for blocking a Web site, especially ones that are located overseas. ISPs are not the police and cannot just block access to a Web site on the very thin premise that at least some of the content is infringing copyright. Otherwise this will lead to anyone from anywhere giving any reason to block access to Web sites,” he notes.
Brookes points out that there is a provision in the Film and Publications Act that allows for the blocking of Web sites that display child pornography.
“However, this is a different law and the problem here is that the Film and Publications Board has not finalised its regulations in blocking those Web site. The board is part of an international organisation that monitors child pornography Web sites, so if they came to us with such a request, we can take it that there is good reason,” he adds.
Paul Jacobson, a lawyer with e-law firm Jacobson Attorneys, says chapter 11 of the ECT Act stipulates four activities that ISPs can cite to stop illegal information transfer. These are: information tools, conduit of information, hosting and caching.
“Only the latter three are of interest in this case and only the conduit of information activity is even remotely likely to succeed in Risa's case,” he says.
Jacobson explains that chapter 11 of the Act only recently became enforceable, with communications minister Siphiwe Nyanda having signed into effect that ISPA is now a recognised industry body.
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