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Film industry loses landmark piracy case
* By Andrew Ramadge, Technology Reporter
* From: news.com.au
* February 04, 2010 10:56AM
* Studios lose major movie piracy battle
* Wanted ISPs to police their customers
* Federal Court judge rules against them
INTERNET service provider iiNet has won a major legal battle over whether it
should be held responsible for its customers downloading content illegally.
The case, against the Australian Federation Against Copyright Theft, could
have had major implications for the way internet providers police their
users.
If AFACT had won, providers would likely have been forced to penalise or
disconnect users who illegally downloaded copyrighted material such as movies
and songs.
However Federal Court judge Justice Dennis Cowdroy today found iiNet was not
responsible for the infringements of its users.
"It is impossible to conclude that iiNet has authorised copyright
infringement... (it) did not have relevant power to prevent infringements
occurring," Justice Cowdroy said in his judgment.
Justice Cowdroy recommended the application be dismissed and that AFACT pay
the court costs.
In a statement released shortly after the decision, iiNet welcomed the ruling.
"This case has been important, not just for iiNet, but the entire internet
industry," it said.
"We do not, and never have supported, encouraged or authorised illegal sharing
or downloading of files in breach of the copyright laws."
AFACT hit back by saying the ruling hinged on a technicality.
"We believe this decision was based on a technical finding centred on the
court’s interpretation of the how infringement’s occur and (iiNet's) ability
to control them," said executive director Neil Gane.
"We are confident that the Government does not intend a policy outcome where
rampant copyright infringement is allowed to continue unaddressed and
unabated via the iiNet network."
Mr Gane said AFACT would review the decision before deciding how to proceed.
It is expected to appeal the ruling in the High Court.
AFACT was representing in the case a group of movie and TV studios including
Village Roadshow, Universal, Warner Bros, Paramount, Sony Pictures and the
Seven Network.
* By Andrew Ramadge, Technology Reporter
* From: news.com.au
* February 04, 2010 10:56AM
* Studios lose major movie piracy battle
* Wanted ISPs to police their customers
* Federal Court judge rules against them
INTERNET service provider iiNet has won a major legal battle over whether it
should be held responsible for its customers downloading content illegally.
The case, against the Australian Federation Against Copyright Theft, could
have had major implications for the way internet providers police their
users.
If AFACT had won, providers would likely have been forced to penalise or
disconnect users who illegally downloaded copyrighted material such as movies
and songs.
However Federal Court judge Justice Dennis Cowdroy today found iiNet was not
responsible for the infringements of its users.
"It is impossible to conclude that iiNet has authorised copyright
infringement... (it) did not have relevant power to prevent infringements
occurring," Justice Cowdroy said in his judgment.
Justice Cowdroy recommended the application be dismissed and that AFACT pay
the court costs.
In a statement released shortly after the decision, iiNet welcomed the ruling.
"This case has been important, not just for iiNet, but the entire internet
industry," it said.
"We do not, and never have supported, encouraged or authorised illegal sharing
or downloading of files in breach of the copyright laws."
AFACT hit back by saying the ruling hinged on a technicality.
"We believe this decision was based on a technical finding centred on the
court’s interpretation of the how infringement’s occur and (iiNet's) ability
to control them," said executive director Neil Gane.
"We are confident that the Government does not intend a policy outcome where
rampant copyright infringement is allowed to continue unaddressed and
unabated via the iiNet network."
Mr Gane said AFACT would review the decision before deciding how to proceed.
It is expected to appeal the ruling in the High Court.
AFACT was representing in the case a group of movie and TV studios including
Village Roadshow, Universal, Warner Bros, Paramount, Sony Pictures and the
Seven Network.
http://www.news.com....0-1225826655115
