ABC's nightly investigative program 7.30 joined the ongoing piracy debate last night, when it revealed that independent consumer advocacy group Choice has singled out Foxtel as the architect of its own failure with regard to Australia's seemingly unquenchable penchant for illegally downloading Game Of Thrones.
The show's fourth-season finale, which aired on Monday night, set a new record for online piracy when it chalked up about 1.5 million downloads in the first 12 hours following the episode's original airing, the report said.
Foxtel, the country's sole pay-TV provider, estimated that roughly the same number of people – 500,000 – illicitly downloaded finale ep The Children as those who watched it through legitimate channels.
The cable giant is a vocal supporter of having the government implement more restrictive internet policies as a measure to stem the flow of piracy; however, Choice policy and campaigns adviser Erin Turner says Foxtel “has an outdated business model”, and has only itself to blame, the ABC reported.
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Citing Foxtel's broad content packages that lock consumers in to a range of channels and shows they may not necessarily want, on devices they may not necessarily want to view them on, Turner demonstrates the difficulty Foxtel presents all on its own for people who wish to just view a singular, wildly popular, show.
Still, that doesn't fly with Foxtel head Bruce Meagher.
“I can't think of any other circumstance where you would say, 'I think you charge too much for this product, therefore it is legitimate to steal it',” he told 7.30. “There's a moral disconnect there which I just don't get.”
Meagher's position echoes the sentiment of disappointment that trickled out of the Senate at the weekend, when Attorney-General George Brandis – who apparently has never taped a song off the radio nor used a VCR – re-affirmed his dedication to stopping the piracy scourge after singling out Australia as “the worst offender of any country in the world” on the illegal-downloads front.
“I am very concerned that the legitimate rights and interests of rights holders and content creators are being compromised by that activity,” he said.
This follows Brandis' earlier rhetoric threats of site-blocking and disconnection or fines for repeat offenders, similar to measures introduced in New Zealand back in 2011.
In addition, since at least February, a series of meetings has taken place between Brandis and Communications Minister Malcolm Turnbull, as well as the Attorney-General's Department and the Department of Communications, to discuss potential strategies for dealing with piracy.
According to a report by tech outlet ZDNet, a number of emails obtained under Freedom of Information highlight the fact that the government is not exactly blind to the arguments that parties such as Choice are making – acknowledging, for example, that a fair pricing scheme would remove the “Australians are getting done over” motivator for online piracy – but remains committed to utilising “legal redress as the 'big stick' ” deterrent.
Although “no decision has been made” regarding the exact measures that are likely to be pursued, the government is working “actively” on reaching a solution, suggesting the golden age of piracy (volume two) might genuinely be under threat.
However, even as The Pirate Bay went down, Demonoid arose from the ashes, and the international piracy hydra kept on its debaucherous, ethically questionable march. Indeed, Choice's argument that it is the provider, and not the consumer, who is at fault in this IP tug-of-war is a compelling one, which even US comedian Louis CK – a noted victim of piracy in his own right – has commented on: “[In the US], only weirdos pirate; there's not that many people that pirate. But in Australia, moms and dads pirate video because we're not letting them buy it,” he said recently.
“Everyone in the world is like: 'Take my fucking credit card and let me just have the thing! But if you're going to be a pain in the ass, fuck you! I can steal all of it!' ”
Interestingly, this is a position mirrored – or, at least, at one time – by the Communications Minister himself. As Turnbull told the ABC in 2012: “The owners of … copyright have got to be in a position where it can be released simultaneously theatrically, or in the case of something like that on Pay TV, everywhere. But also, it should be for sale through the iTunes Store or various other platforms at the same time.
“And if they can download, they will. Now we're just kidding ourselves – all they are doing is throwing money away by not making it available instantly.”
UPDATE: Choice has released a statement responding to the claims made on last night's 7.30, and it seems the advocacy group has taken issue with the way their position was put across by the national broadcaster:
"Choice does not support piracy as the program claimed," the statement reads. "Piracy makes industries such as film, music and TV unsustainable. Without financial rewards, artists and media companies have no incentive to create. As a provider of exclusive content, made available only to paying subscribers, we are keenly aware of this fact.
"But Choice thinks that to stop a problem such as piracy, you need to understand its causes. Illegal downloading has become commonplace because media companies have failed to keep up with changing consumer viewing habits and technology."
"Choice believes the movie and TV industry must adapt to cater to how and when consumers want to view their entertainment," the statement continues. "7.30's report failed to accurately report our position, which is that Australians should be able to access and pay for content from overseas providers without being blocked by local industry or the federal government.
"We encourage consumers to access content legally, including content from overseas, while condemning piracy.
"This is why we are calling on the government and industry to address the real issues of online piracy: a lack of access to competitively priced and flexible content."
