iiNet wins landmark Copyright case
ISP iiNet has won a landmark Copyright case brought upon it by film studios and the Seven Network.
- Published by David Knox
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ISP iiNet has won a landmark Copyright case brought upon it by film studios and the Seven Network.
Today Justice Dennis Cowdroy said evidence established that iiNet had done no more than to provide an internet service to its users. The Sydney Morning Herald notes the judge found that, while iiNet had knowledge of infringements occurring and did not act to stop them, such findings did not necessitate a finding of authorisation.
iiNet was found to provide a legitimate communication facility, which was neither intended nor designed to infringe copyright. He ruled that it was only by means of the application of the BitTorrent system that copyright infringements were enabled.
“iiNet is not responsible if an iiNet user uses that system to bring about copyright infringement … the law recognises no positive obligation on any person to protect the copyright of another,” Justice Cowdroy said.
The case against iiNet brought by the Australian Federation Against Copyright Theft, included Village Roadshow, Universal Pictures, Warner Bros, Paramount Pictures, Sony Pictures Entertainment, 20th Century Fox and Disney, and the Seven Network. They claimed iiNet was liable for ‘‘authorising’’ copyright infringement on its network because it did not warn or disconnect offending customers when repeatedly notified of the infringements by the movie studios.
iiNet said in a statement, “We have never supported or encouraged breaches of the law, including infringement of the Copy Right Act of the Telecommunications Act. Today’s judgment is a vindication of that and the allegations against us have been proven to be unfounded.
“iiNet has always been, and will continue to be, a good corporate citizen and an even better copyright citizen.
“From our perspective today marks the end of the matter and we will continue get on with the business. We will continue to provide Australians with the access to fast and cheap broadband with innovative new services and products.”
AFACT will review the decision before deciding whether to appeal.
Source: Sydney Morning Herald
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32 Responses
@Secret Squirrel : Yeah, Dave. Totally top bloke.
@Mac: you mean Finn as he is known in the ads or Dave as he is known in real life.
@Craig: C’mon, couldn’t you wait just one week?!
@ David & Andrew : yup, ‘naked Bob’. You’d think it’s a no brainer that people would assume he’s an actor but apparently not.
@No_Netcensor – good point, maybe it’s also since ABC does a better job giving the viewers more choice with iView than the others do with their services or maybe ACA and TT are too busy trying to catch Crazy Carlo?
Great victory for common-sense and the common carrier principle. Now the networks and copyright holders will have to do some real work instead of trying to take the easy option.