Australia High Court Sides With ISP in Landmark Copyright Case |
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Friday April 20, 2012
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Whilst the relationship between iiNet and its customers involves the provision of technology, iiNet had no direct technical power at its disposal to prevent a customer from using the BitTorrent system to download the appellants' films on that customer's computer with the result that the appellants' films were made available online in breach of s 86(c) From a contractual perspective: Even it if were possible to be satisfied that iiNet's inactivity after receipt of the AFACT notices, and its subsequent media releases, "supported" or "encouraged" its customers to continue to make certain films available online, s 101(1A) (construed with both s 22(6) and s 112E) makes it plain that that would not be enough to make iiNet a secondary infringer. While the court concludes that ISPs cannot be said to authorize infringement under current law, legislative or industry practices could be used to address the issue. It notes that some approaches may still involve the courts (ie. termination of accounts) and issues of cost sharing. Canada is slated to adopt its own notice-and-notice approach to address these issues as part of Bill C-11. Comments (4)
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Dar
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A resonable judgement. ISP's shouldn't be held any more responsible than a telephone company when a customer uses their system for copyright infringement. For example, by way of fax. |
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.. Rubbish all of it! When are they going to realize already all this fight on the Internet MPAA/RIAA & GOV. wanting to take control of the Internet is a waste of time and money when it's still not proven movie downloads and music is hurting the industry enough is enough!!! All we are doing is sharing not stealing. |
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... This judgement is good news. I'm tired of MPAA/RIAA/CRIA trying to force the government and ISPs to protect their monopolies. |
We want to enhance competition and investment in this country, and this is why we adopted this policy back in 2008 for the AWS spectrum. Let me say that the price went down by an average of 11% since then, and we will continue this way with the 700 megahertz spectrum. We launched consultation with the industry to make sure that we enhance competition and provide better choice and better rates for our consumers.
Last week I wrote about the National Post seeking $150 licences for posting short excerpts online. It appears that the paper has now dropped the system.
Mar.12/13Comments (1)