Post Tagged with: "iinet"

Australia High Court Sides With ISP in Landmark Copyright Case

The Australian High Court has issued a landmark ruling that firmly sides with Internet providers over their liability and responsibility for alleged infringement on their networks. The closely watched case involves a lawsuit by the movie industry which claimed that iiNet, an Australian ISP, was liable for authorizing infringement by its subscribers. The unanimous court rejected the movie industry claims, finding that the ISP had no technical or contractual power to act.

Australian Judge Explains Why Three Strikes Isn’t Reasonable

Australian Internet users are today celebrating a landmark decision in which an Australian court ruled against the film industry in their lawsuit against iiNET, Australia's third largest ISP. The industry had asked the court to hold the ISP liable for infringing BitTorrent activities of its users. The court soundly rejected that demand, holding that the ISP could not be seen to have authorized the infringement.

While the authorization analysis is unquestionably the foundation of the decision, there is a detailed, must-read section on subscriber termination schemes, better known as three strikes and you're out (paragraphs 425-442). In it, Justice Dennis Cowdroy explains why such schemes are far more complicated than is often claimed and are simply not reasonable in many circumstances.

First, Justice Cowdroy confronts claims that ISPs terminate subscribers for non-payment of accounts, so why not for copyright infringement: