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Evan  
03 Sep, 2007

Aussie pirate stung for AU$190,000

PALGN News | Copyright infringement can be an expensive activity.
The Interactive Entertainment Association of Australia (IEAA) has reached a record settlement with Mr. Wen Bin Gu, owner and operator of now defunct web sites etpress.com and gamemobo.com. Led by Sony and Microsoft, the action alleged that Mr. Gu was guilty of selling and distributing hundreds of pirated games across Australia.

Heard in the the Federal Court, Mr. Gu was ordered to refrain from reproducing or dealing with infringing games in the future. To prevent Mr. Gu from channeling his illegally obtained gains out of the reach of the IEAA, Sony and Microsoft also sought to have his assets frozen until the suit was completed. The final settlement was for a non-trivial AU$190,000.

Speaking of the settlement, Chris Hanlon, CEO of the IEAA, said, "This case should serve as a warning to those organisations involved in the importing, distributing and selling of illegal pirated games as the IEAA will take a stand against those involved in piracy."

Talking of their focus, Hanlon added that, "[The] IEAA is focused on combating piracy for its members through the information it receives on its Anti Piracy Hotline as well as through proactive investigations in the markets and online environment, [and we are] committed to taking whatever steps are needed to protect its members copyright. For the games industry to continue to innovate and be vibrant it needs to protect its IP."

The IEAA claims that piracy costs the industry over AU$100 million per annum, not including the losses incurred through associated job losses. The settlement comes in the wake of various plans proposed by The Australian Federation Against Copyright Theft to enforce ISP-level content filtering. AFACT executive Adrianne Pecotic previously said, "We have all the systems available now to track ISP networks and we will commence sending notices to ISPs within the next month or so. Following that it is up to the ISP to contact the individual users and inform them they are aware of illegal downloading activity."

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40 Comments
4 years ago
ISP-level content filtering is a terrible, terrible idea and I sincerely hope that the people proposing it die of old age before it sees implementation.
4 years ago
Ohhh yeah i have to agree with you i think there was an article in the paper about it a week ago. If this happens than bloody hell it's going to be bad.

Quote
AFACT executive Adrianne Pecotic previously said, "We have all the systems available now to track ISP networks and we will commence sending notices to ISPs within the next month or so. Following that it is up to the ISP to contact the individual users and inform them they are aware of illegal downloading activity."
Well there goes your privacy. icon_sad.gif
4 years ago
Re: ISP filtering. I love it when media companies treat their customers with blanket assumption that they're all criminals. It makes it far less of a burden upon the conscience of those who do download when they know that's the general assumption. The reality is that those companies and organisations (RIAA, MPAA etc) are just making those who do have a conscience look foolish for abiding by the law.
4 years ago
Every company does it spanx, what really gets me hot under the collar is car insurance for under 25 yr olds.

Where-the-****-do-they-get-off charging ALL under 25 yr old drivers a premium for their car insurance, regardless of there proficiency on the road??I mean, ok, maybe stats indicate that under 25 are a slighty higher risk, fair enough.........but what if(and i'm only saying if, this is purely hypothetical) it said female drivers were more prone to accidents on the road, or that drivers of an asian descent are more prone to accidents on the road, would it be ok for them to charge all female drivers or all asian drivers a premium on their insurance??No effin way, they would get strung up and beaten with the racist/sexist stick if they even contemplated it.

So how do they get away with it when it comes to age?Man, insurance companies........if i found out i had a terminal illness today, tommorow i would kamikazae amp/allianz whatever big insurance companies headquarters and take those **** down, then make them try to claim it on insurance.

'Oh i'm sorry Allianz, your policy explicitly states you are not covered for act of revenge of disgrunteled customer by means of suicide bombing.....it's all right there on page 94, section 12, clause 3, dot point 9, line 4'.
4 years ago
Quote
The IEAA claims that piracy costs the industry over AU$100 million per annum, not including the losses incurred through associated job losses.
Total and utter BS, piracy costs the industry nothing, at best it just means the company makes less money. If a game sells enough to be profitable then no ammount of piracy can harm that. And AU$100m sounds like they are using the faulty logic that all who obtained a pirate game would have bought it.

Still, apart from that whole last paragraph which would essentially be the beginning of the end for the internet it's good news icon_smile.gif. Selling pirated goods is just wrong, there's not even flimsy justification for it, it just plain wrong, and I'm in full support of stopping it.
4 years ago
Skiller wrote
piracy costs the industry nothing, at best it just means the company makes less money.
icon_confused.gif

I wasn't aware of this ISP filtering scheme being in place to prevent illegal downloading... All I'd heard was that it was there as an option for consumers, i.e. parents who want to prevent their kids from accessing certain websites. That part of the scheme I can actually get behind, because Lord knows there are a million ways around software-based site-blockers.

EDIT: Sorry, I'm getting mixed up. This is an entirely different thing altogether.

This is going to be difficult for them to enforce, but I think it's a better strategy for the government to hold individual ISPs responsible for the content they allow consumers access to than having the police crash into your house because you downloaded the latest Avril Lavigne single from a Bittorrent site.
4 years ago
I'm not really against piracy, as I'm quite the pirate, but selling pirated content is wrong.

tbh 190k seems a little lenient
4 years ago
Even porn filtering at the ISP level is bad news. Totally aside from whether the filters work properly, it's an incredibly, impractically expensive undertaking that will result in slower speeds and even higher broadband costs. And we already pay through the nose for internet access.

The real problem is that what's blocked and what isn't is to be dictated by the government. Do you trust a government that includes utter **** fruitcakes like Steve Fielding? First it will be the porn - think of the children that could be scarred by that. Then it will probably be the 'terrorist' sites. Then suddenly any radical political blogs will be marked as terrorist and those blocked. Then we basically might as well start borrowing filters from China.

Censorship of a service like the Internet is an incredibly slippery slope, and the only way to avoid sliding down it is not to go near it.
4 years ago
Nev wrote
This is going to be difficult for them to enforce, but I think it's a better strategy for the government to hold individual ISPs responsible for the content they allow consumers access to than having the police crash into your house because you downloaded the latest Avril Lavigne single from a Bittorrent site.
That would kill the internet right there, ISPs would get scared and instead of blocking "bad" sites, they would just not display "good" sites. And then you have to define what is a "good" and "bad" site which is impossible since good and bad are concepts based on each persons own conscience, experiences, opinions and beliefs. Using a single concept of "good" and "bad" and applying it to all people is likely to cause a LOT of conflict. It is in fact how a lot of wars get started, and is what hitler was trying to do. Do you want hitler controlling your ISP? I sure as hell don't.
4 years ago
Well that depends on what Hilter's policy is on porn?
4 years ago
Godwin's law prevails within 9 posts. This must be some sort of record.
4 years ago
Jibbs wrote
Every company does it spanx, what really gets me hot under the collar is car insurance for under 25 yr olds.

Where-the-f***-do-they-get-off charging ALL under 25 yr old drivers a premium for their car insurance, regardless of there proficiency on the road??I mean, ok, maybe stats indicate that under 25 are a slighty higher risk, fair enough.........but what if(and i'm only saying if, this is purely hypothetical) it said female drivers were more prone to accidents on the road, or that drivers of an asian descent are more prone to accidents on the road, would it be ok for them to charge all female drivers or all asian drivers a premium on their insurance??No effin way, they would get strung up and beaten with the racist/sexist stick if they even contemplated it.

So how do they get away with it when it comes to age?Man, insurance companies........if i found out i had a terminal illness today, tommorow i would kamikazae amp/allianz whatever big insurance companies headquarters and take those f*** down, then make them try to claim it on insurance.

'Oh i'm sorry Allianz, your policy explicitly states you are not covered for act of revenge of disgrunteled customer by means of suicide bombing.....it's all right there on page 94, section 12, clause 3, dot point 9, line 4'.
I've had numerous rants about the insurance industry and their idiotic schemes before (wtf at charging a higher premium for a supercharged V6 Monaro over the more powerful, more expensive NA V8 model, just because the word supercharger appears??), but you can't really compare it to piracy. The insurance system is based of risk assessment (ever met an actuary? Fascinating people icon_rolleyes.gif), but what we're seeing with piracy is archaic laws, coupled with archaic politicians being told what to do by powerful executives of large media companies who wouldn't know progressive marketing strategies if they were handed to them (which they are constantly, but these executives are so damn old, stubborn and ignorant that they refuse to consider anything even remotely new).

Not to mention that age and sex are proven to be significant indicators of risk in insurance claims. Unless you've got evidence that shows race has something to do with it, how is that even a valid example? What you said is borderline racist.

To whoever it was that said piracy doesn't cost the industry: that's wrong. Granted the way that the media companies calculate is ridiculous, but there is always going to be an element of lost revenue there. Sure there's those people who claim they never would have purchased it in the first place, but there's always going to be those who pirate it in place of buying it.

That said, there's a lot to be said for piracy/free access to media as a positive impact upon sales and revenue. Not so much for the games industry, but particularly in television and music, it can act as a means of spreading the reach of the material beyond the 'legal' distribution channels. I know of plenty of friends who download stacks of music and then go and see those bands in concert, and that's where the band is really making their money. Similarly, I've downloaded music before of artists that don't get any radio play. Without being able to hear the music beforehand I'd never pay $20-30 for a CD, but if I'm able to hear it beforehand, and I like it, then I most certainly will. Best example with that is Opeth, my #1 band that I now have 9 CDs for, have seen in concert and purchased a tour shirt. That's several hundred dollars that I never would have spent had I not engaged in a little less than legal activity.

And now I'm rambling.
4 years ago
Spanca wrote
Jibbs wrote
Every company does it spanx, what really gets me hot under the collar is car insurance for under 25 yr olds.

Where-the-f***-do-they-get-off charging ALL under 25 yr old drivers a premium for their car insurance, regardless of there proficiency on the road??I mean, ok, maybe stats indicate that under 25 are a slighty higher risk, fair enough.........but what if (and i'm only saying if, this is purely hypothetical) it said female drivers were more prone to accidents on the road, or that drivers of an asian descent are more prone to accidents on the road, would it be ok for them to charge all female drivers or all asian drivers a premium on their insurance??No effin way, they would get strung up and beaten with the racist/sexist stick if they even contemplated it.
Not to mention that age and sex are proven to be significant indicators of risk in insurance claims. Unless you've got evidence that shows race has something to do with it, how is that even a valid example? What you said is borderline racist.
OH FFS!!!Man spanca, just when i thought you were on the level you go and tar yourself with the same brush 90% of users have done on this board.

How else can i protect myself from yet ANOTHER bombardment of racist accusations???I said 'if'........i said it was purely hypothetical.......what more do you want????The only reason i bought up the question of gender and race is because they are both two of few things NOT taken into account with car insurance.

The only reason a professional survey has NOT been conducted on race when it comes to insurance policies(car insurance anyways) is because they are afraid that if they come up with any findings other then that race has no effect on driving proficiency, they will, metaphorically, have their internal organs pulled out of them through their ass by rusty hooks.

Let's say it has no effect on driving skill(which i honestly don't think it does), i'd still wager that simply out of pure luck and the way stats and numbers work, one particular race will be slightly higher/lower then another race(when it comes to car accidents and claims).Do we disregard this info and put it down to a statistical anomaly, because if we do we have to do the same with 'given' things like age and health issues(like poor vision etc etc).It's either all or nothing.

Jesus spanca, gimme an inch icon_rolleyes.gif

p.s. if anyone else arks up, replace race with 'background/ethnicity/descent' what ever words make you feel more......cosy.
4 years ago
Skiller wrote
And then you have to define what is a "good" and "bad" site which is impossible since good and bad are concepts based on each persons own conscience, experiences, opinions and beliefs.
We're not talking about "good" and "bad," we're talking legal and illegal. They're pretty clearly defined, and if you're selling pirated copies of Halo 3, for example, I think it's pretty obvious which side of the fence you fall.

The police can bust any showground and remove any illegally pirated material that's being sold. It's not a repression of freedom, it's upholding the law. The only reason the internet gets away with as much as it does is because many of the websites are owned overseas, making it extremely difficult to have them removed.

Of course this is only the sites that offer and/or sell pirated material, which is a no-brainer. The restriction on porn sites, etc, is a service that consumers request - not something that's forced down our throats.
4 years ago
This whole thing is just completly ridiculous. If someone can show me proof that there is anyone on the planet (that has access to the net that is) that hasn't at one point or another downloaded something from some kind of P2P using the net then I will give you a friggn hand-job (with a smile at that! icon_wink.gif )

But more then that I can't believe people actually bother to buy pirated software from anyone. I mean if you're gonna go to the trouble of buying a pirated version either dload it yourself or get the legit copy.
4 years ago
tbh, i don't think the under-25 premium is that big a deal. sure, it sucks for the 1% of under-25s who can drive (and i include myself here - i've had a motorsport license since i was 10 - so by the time i actually got my street license, i'd been driving more than 7 years. so not only did i know how to handle a car, i knew how to watch what other drivers on the road are doing, and react to them too) but not only is there the inexperience factor of young drivers, statistically the cars this age group drives is not up to standard, mechanically or security, as the cars people over this age drive.

i agree with the Supercharged call though. i do get that mechanically, a supercharger is far more likely to fail than an NA car, but mechanical wear-and-tear is not something that's covered, so it's a moot point.

the gender thing is actually an issue on premiums for some companies in WA too. female drivers over a certain age actually get lower premiums because again, they're a statistically low risk area.
4 years ago
Jibbs, you're being just as ignorant toward reading/comprehending posts as you're suggesting I was. My point is that, yes granted it was posed as a hypothetical, the fact that you'd raise that is (and again, I chose my words carefully) borderline racist. It was a totally irrelevant example to the argument, and even the point you were making has a tenuous link to the thread topic, so it's hard to construe it as anything but unnecessary.

Yargh back to discussing piracy maties.
4 years ago
Jibbs wrote
The only reason i bought up the question of gender and race is because they are both two of few things NOT taken into account with car insurance.
Nah nah nah, not that easy spanx.I perfectly outlined myself and justified my post, and raising the issue of gender and (the big red button) race was valid as they are just inapplicable when it comes to car insurance as what age is, because if you justify age as a relevant variable with statistics towards car insurance, you must do the same with race and gender, which i guarantee will not come back as a level playing field(simply by the phenomena that is statistics).

It's not cool to insinuate someone is being racist spanca, not cool at all, especially when you know they aren't.You may think i'm winding up over something small but i think you'd ark up just as hard if you'd been unjustifiably gang raped on this forum about racism before.

****, i'm over it, whatever.
4 years ago
Jibbs wrote
Jibbs wrote
The only reason i bought up the question of gender and race is because they are both two of few things NOT taken into account with car insurance.
Nah nah nah, not that easy spanx.I perfectly outlined myself and justified my post, and raising the issue of gender and (the big red button) race was valid as they are just inapplicable when it comes to car insurance as what age is, because if you justify age as a relevant variable with statistics towards car insurance, you must do the same with race and gender, which i guarantee will not come back as a level playing field(simply by the phenomena that is statistics).
*sigh* First of all, gender is taken into account, so I don't know why you're saying it isn't. Secondly, is it not obvious that the reason age is a relevant variable to motor vehicle incident risk is due to, at the very least, the inexperience, hormones (speaking particularly of males in their late teens) and their predisposition to risk taking behaviour? These are significant factors that can be easily differentiated by a measurement of age. As you and I well know, race couldn't provide such equivalent differentiation which is why it isn't used as a measure of insurance, so why would you bring it up as an obviously irrelevant example?

And again, what does this all have to do with piracy? I understand that you were suggesting they're covering all their customers with harsh blanket assumptions, but I dispute that it's the same as what a lot of the media companies are doing. In the case of the insurance industry (as much as I can't stand those companies, as a 20 year old male who wishes to purchase and insure a twin turbo) it is to an extent justified. The insurance industry deal with potential, so they have to make assumptions. Media industries deal in tangibles and don't need to make such assumptions.
4 years ago
STFU Spencer nobody cares
I am on Jibbs' side
BTW Jibbs maybe if you just ignored him we would all be better off?
4 years ago
Ah......i appreciate the support pudding.......but he is a mod so you might wanna wind that line back a touch.

Spanca is usually alright, he's a bit touched tonight is all.Anyways, like i sid, i'm over it.

Piracy is bad, lets save the industry and cut down on plastic bags......and so on and so forth.
4 years ago
puddingfork wrote
STFU Spencer nobody cares
I am on Jibbs' side
BTW Jibbs maybe if you just ignored him we would all be better off?
I come to these forums to discuss things. I don't care whether you agree with me or not, but I like to have a debate about these things as they interest me considerably. Jibbs brought it up, I've known him for awhile through these forums and I know he's one of the few posters here who can sustain an argument and support what they're saying.

You aren't discussing things, and are posting nothing more than spam, so STFU or GTFO.
4 years ago
tbh, i think it was borderline racism too, not to mention it in the context you did, but to use a racist stereotype that's abundant in Australian society to fulfill your point.

it's the same as baaing at New Zealanders.
4 years ago
puddingfork wrote
STFU Spencer nobody cares
I am on Jibbs' side
BTW Jibbs maybe if you just ignored him we would all be better off?
Are you trying to get banned? PALGN encourages discussion / different viewpoints etc.. and you may not agree with Spencer but maybe you should formulate an argument rather than simply targetting a member?
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