Illegal downloading: Should you think twice before using torrenting websites?

WE’RE a nation of pirates. But now details of the government’s online piracy crackdown have been revealed, should you think twice before clicking “download”?

LET’S face it Australia. We’re a nation of pirates.

Figures show that we are among the worst in the world when it comes to illegally downloading TV shows and movies.

News.com.au reported on Monday about the federal government’s plans to crack down on online piracy, which left some readers wondering whether they should think twice before downloading the latest season of their favourite TV show from torrenting sites like The Pirate Bay.

A discussion paper outlined measures designed to curb illegal downloading, including forcing internet service providers (ISPs) to block offending websites and sanctioning customers caught infringing copyright.

Communication Minister Malcolm Turnbull went so far as to encourage copyright holders to take repeat offenders to court, speaking on Sky News this week.

“Rights owners have got to be prepared to actually roll their sleeves up and take on individuals. They’ve got to be prepared to sue people, sue mums and dads and students who are stealing their content,” he said.

“As people recognise that there is a risk they can be sued and have to pay for what they have stolen then the level of infringement and theft will decline.”

So, do you need to be worried about being punished for your downloading habits? And will the government’s proposed measures work to curb online piracy in Australia?

The answer, according to experts news.com.au spoke to today, is a resounding “No”.

A tech expert and a consumer advocate agree that the government’s crackdown overlooks the key causes of online piracy in Australia — the cost and accessibility of content.

And a consumer, who admits to downloading TV shows for free over the net, said the proposed measures would be unlikely to affect his habits.

RELATED: Illegal downloading in government’s sights as Online Copyright Infringement Discussion Paper takes aim at consumers, ISPs

So, should you think twice next time you go to download a series of Game of Thrones or Orange is the New Black?

Popular among pirates … <i>Orange is the New Black</i>. Picture: AP Photo/Netflix, Barbara Nitke

THE EXPERT

Technology journalist Alex Kidman said he didn’t believe the measures would work and felt the discussion paper ignored why Australians sought content illegally.

“The reforms pay lip service to the real reason why the vast majority of people download content illegally — pricing and access, because this stuff gets artificially restricted as to where it can be shown,” he said. “In the digital age, it just doesn’t make sense.”

The government plans to amend the Copyright Act to compel internet service providers (ISPs) to block websites that infringe copyright, such as The Pirate Bay and BitTorrent, but Kidman was not convinced this would be effective.

“It’s another piece of passing the buck that ignores the core problem,” he said.

“You could block all access to, say, Pirate Bay but others will emerge eventually,” he said. “It’s a ridiculous proposal, simply because there are always other ways to access this material.”

Pay TV provider Foxtel, which is half owned by news.com.au’s parent company News Corp Australia, said it offers flexible options to customers to allow them to enjoy popular shows like Game of Thrones, but Kidman said the cost deterred many people.

“Foxtel has been more flexible … but they’re still protecting their business model, which is understandable. The nature of TV distribution has shifted and having a high-cost subscription service doesn’t make sense to a lot of people,” said Kidman, who writes for Australian technology news website Fat Duck Tech.

Must-watch drama … <i>Breaking Bad</i>.

THE DOWNLOADER

Brisbane student Tobi Loftus, 19, is typical of many people who choose to download content from torrenting websites.

He downloads through The Pirate Bay or KickAss Torrents because he likes to see shows such as Game of Thornes, The Walking Dead and Doctor Who immediately after they air in the UK and US.

“While I know a lot of these shows are fast-tracked, within the same day, being a Twitter and Tumblr addict makes it really, really hard to avoid spoilers, which can sometimes ruin the episodes and storylines,” Mr Loftus said.

“Though I do usually end up buying the TV shows on DVD/Blu-ray when they are released months and months later. The same with music.”

Mr Loftus said the crackdown was unlikely to change his habits.

“There are many, many ways around government blocks and ISP blocks, which are very easy to use. So if they do, I’ll most likely just use one of those ways, or find another site which they haven’t blocked yet.”

In demand … <i>Game of Thrones</i>.

THE CONSUMER GROUP

Consumer group Choice has slammed the government’s discussion paper, saying it fails to deal with the real causes on piracy.

“If the government is serious about addressing piracy, it needs to address the fundamental issues: that Australians often find it hard to gain access to content like movies and television, and when they do, they pay far too much compared to consumers in other countries,” Choice campaigns manger Erin Turner said.

The discussion paper suggests adopting overseas models to punish customers caught infringing copyright, but Ms Turner said there was “not a system you can point to in the world that says ‘This works; this is stopping piracy’”.

Ms Turner said the key problem was that content was not easily accessible at a reasonable price.

“Until you address those issues, you’re not addressing piracy,” she said.

She agreed that blocking offending websites was unlikely to be effective.

“With a small amount of digital literacy, (blocks) are very easy to evade.”

She said consumers were hit with the “Australia tax”, whereby digital products — including games and music — were 50 per cent more expensive Down Under.

“We are not suggesting that better access and more competitive prices are silver bullets that will solve this issue entirely. However, they are important factors which deserve real consideration,” Ms Turner said.

A Foxtel remote control.

THE PAY-TV COMPANY

A Foxtel spokesperson said its subscription model paid for the premium content that Australians were downloading for free.

“The subscription bundle model is the same one used around the world, including by HBO in the USA. Without it many channels and programs would become economically unviable,” the spokesperson said.

Foxtel also rejected the argument that content was not easy enough to access.

“As far as availability goes, Australia has an abundance of legal means to watch, listen to and play great content in a flexible manner. For Foxtel’s part, we go to great lengths through our ‘Express from the US’ effort to bring content to subscribers as soon as possible. We’ve also made a massive investment to maximise the number of ways in which people enjoy content by making it available on tablets, mobile phones and other popular devices,” the spokesperson said.

You can have your say on the government’s online piracy discussion paper by visiting the Attorney-General’s Department website.