Internet Industry Association

1. We note the Minister's reported calls for a Code. There has been no contact from either himself or his office to that effect. We are only aware of this suggestion via the media.

2. Our current position is that it is premature, pending a decision on whether the case will be appealed to consider a code of practice.

3. In any event, we will need to consult with our members and the IIA Board before we make any decision on the need for a code. Though the comprehensive nature of the decision may disincline ISPs to re-enter code discussions, we haven't yet had the opportunity of broaching the subject with ISP members directly.

4. Whatever the outcome of that decision (on whether or not to restart code discussions), we reiterate our position as follows:

• The IIA does not condone copyright infringement.
• We look towards engagement with content owners, some of whom are represented within the IIA membership, to accelerate the development and delivery of new commercial models whereby accessible, affordable, legally available content can be provided to Australian internet users.
• This remains the IIA's focus for 2010 and we will have more to say in coming weeks about initiatives building on our successful 2009 consultations.

5. It remains our view that until and unless market failure issues are addressed (by a proliferation of low cost, accessible alternative lawful ways of accessing the kind of content that internet users are crying out for), copyright infringement will remain a problem. This problem is not unique to Australia, despite the fact we are recognised as having among the strongest copyright laws in the world.

6. The IIA stands ready to do what it can to act as a catalyst for new commercial models whereby win/win outcomes for content owners and internet users can be reached. This will be essential for the digital economy to thrive.

7. The internet represents the least cost method of mass content distribution ever devised. We invite the content sector to explore with us ways they can leverage this revolutionary phenomenon to the benefit of content creators everywhere. The fact that user generated content is burgeoning is evidence of the low barriers to entry and relatively frictionless opportunities for both content creation and delivery.

8. We recognise that challenges remains in monetisation, but solutions are evolving where we may be able to match an almost insatiable demand for quality content with the legitimate need for professional content creators to be paid for their efforts.

9. More will be said about this by our expert panel at the IIA Gala Dinner to be held in Sydney on 18 February.