In a setback for Hollywood, an Australian judge has ruled that an Internet Service Provider (ISP) is not liable for the illegal downloads of its customers.
The case was originally filed in 2008 by the Australian Federation Against Copyright Theft (AFACT) on behalf of 34 movie studios, including Universal Pictures, Warner Bros, Paramount Pictures, Sony Pictures Entertainment, 20th Century Fox and Disney. The suit, as noted on the Sydney Morning Herald website, alleged that ISP iiNet, Australia's third-largest, was liable for authorizing copyright infringement on its network because it did nothing to warn or disconnect users downloading illegal goods, despite repeated notifications from the movie studios.
iiNet, for its part, argued that it was not required to act upon “mere allegations” of copyright infringement and that customers were innocent until proven guilty. It likened the lawsuit to suing an electric company for things people might use electricity for.
The conclusion of an eight-week long trial saw Federal Court Justice Dennis Cowdroy issue a ruling in iiNet’s favor, in which he stated that the ISP was a legitimate communications company that was neither intended nor designed to infringe copyright.
Justice Cowdroy continued:
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.
AFACT’s Executive Director Neil Gane indicated that the decision would be reviewed before a decision on an appeal was decided.
He added:
…we believe this decision was based on a technical finding centred on the court’s interpretation of how infringements occur and the ISP's ability to control them.
Expect an appeal.
Thanks Grant and CMiner!
Comments
Re: AU Court Lets ISP Off the Hook Over Illegal Downloads
If only the US courts would be so oriented.
Hmmm... No positive obligation - has a nice ring to it...
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"The most difficult pain a man can suffer is to have knowledge of much and power over little" - Herodotus
Re: AU Court Lets ISP Off the Hook Over Illegal Downloads
Now if only this judge could be in place when the entire Australian Games Industry tries to sue Mr Atkinson for holding up the R18+ rating for videogames all because of his pathetic opinions that have got nothing to do with violence in real life at all.
Re: AU Court Lets ISP Off the Hook Over Illegal Downloads
They can appeal it all they want, the Judge was quite clear he had a firm understanding of the issue when he wrote and presented his TWO HUNDRED PAGE decision.
The judge himself likened it to this:
Suing Australia post because you received unwanted mail.
From what some of the other IT firms and the like are saying, since the judge was so specific in his judgement and clearly dealt with every aspect of the case instead of just finding in regards to one or two charges, there's practically no wriggle room for appeal. All they can really appeal is whether to pay costs or not.
but the head of AFACT has changed his tone, he's borrowing the RIAA's "sue em all!" stance and is lobbying the PM to change the law to make ISPs responsible.
Re: AU Court Lets ISP Off the Hook Over Illegal Downloads
Yeah, bit of a victory for common sense over here, which is good to see for a change.
Re: AU Court Lets ISP Off the Hook Over Illegal Downloads
"...customers were innocent until proven guilty"
"It likened the lawsuit to suing an electric company for things people might use electricity for."
These.
Just because a company provides tools that may be used for copyright infringement, does not necessarily make them liable for that infringement. Also, do we -really- want ISPs watching everything that every user downloads, forced to spy on the activities of everyone that uses the internet for fear of being held liable for someone else's illegal actions?
How long until the makers of Crayons are sued for allegeled facilitating infrigements on copyrighten works of art?
Re: AU Court Lets ISP Off the Hook Over Illegal Downloads
I would most certainly ask him to review this case here, and see if it truly would be infringement or not.
Again, to those whould say it in replies, I KNOW SQUARE-ENIX WAS WELL WITHIN ITS RIGHTS TO SHUT DOWN THE PROJECT. What I am seeking is if it had legitimate grounds to do so.
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"A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar
"A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar
Re: AU Court Lets ISP Off the Hook Over Illegal Downloads
Your (or your friends...) project is a blatant copyright infrigment, in fact, copyright was made to prevent that, and not to prevent "piracy".
I must say to all those that love doing "fan works", if you are THAT skilled, why not create a IP of your own? We are lacking that... Stop doing illegal stuff and then complaining that you was shut down.
criadordejogos.wordpress.com
Re: AU Court Lets ISP Off the Hook Over Illegal Downloads
Unfortunately copy right prevents copying along with distribution 2 things that are so easy to do that we infringe upon it every minute of everyday, copy right and patents needs to be overhauled to reflect the times not hold to the nation that copying/distro is equatable to someone making money illisctly....
Shadow D. Darkman
You can continue the work quite easily in the open even just augment it as a parody, change names, touch up the models to be slightly(30-40%) different, rearrange the music so its not the same but follows the theme...then make an anonymous mod and ptu ti out on the torrents that has all the proper stuff in it just to spite them!
Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/
Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.
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http://zippydsm.deviantart.com/
Re: AU Court Lets ISP Off the Hook Over Illegal Downloads
(Zippy)
The idea was to explain the things in the chronology that were mentioned in Chrono Cross, but were either not mentioned or not explained in Chrono Trigger. It may have been a fan work, but it was rather compelling and quite detailed for such a work. Took 5 years just to reach 98% beta.
(Speeder)
1. Not gonna reply to your second section. I got nothing to say to it at all.
2. Neither I or those I consider friends were involved with the project. If anyone involved had ever, at any point, been considered a friend, then I had a falling out with them between now and the time period you were aware of. Crimson Echoes, in my personal opinion, is not "a blatant copyright infrigment" as you say. Copyright exists to prevent people from saying that a certain thing belongs to them, when it really belongs to the creators. The developers of Crimson Echoes have disclaimed ownership of the elements from the Chrono series that were used in creating the project. I personally believe that Crimson Echoes was legal, at the very least, as interactive FAN FICTION.
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""A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar
"A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar
Re: AU Court Lets ISP Off the Hook Over Illegal Downloads
Nowhere the copyright law says that making fan fiction is legal.
I know that sometimes fan fiction is cool, and I did it too for Ultima series, but this does not make it legal.
Copyright says: You cannot use things that you did not made without permission.
This mean that you cannot use story, names, characters, art, music, sound... If a fan work use whatever of this, it is illegal outright. So, no matter how cool Crimsom Echoes was, it was still illegal and square had all the rights to shut it down, and the authors and fans cannot complain, it was their decision to support something illegal.
criadordejogos.wordpress.com
Re: AU Court Lets ISP Off the Hook Over Illegal Downloads
"Copyright says: You cannot use things that you did not made without permission."
Hence why fans are asking Square to officially support the project, either by taking command of it, or by giving the developers permission to use [SE's] material in it. Furthermore, you haven't addressed the fact that the developers disclaimed ownership of the stuff they took from SE, and in fact, encouraged people playing the game to go get Trigger, Cross, and CTDS, which would net SE a bunch of money.
"square had all the rights to shut it down"
I do believe I've made it clear multiple times that I never questioned SE's right to shut down the project. I have acknowledged that they were completely within their rights, as owners of the material used in the game, to order the project discontinued, and all data for the project destroyed, including the modified program and all copies of it. The fans have been asking SE to reconsider their decision, and to possibly support the project, hell, maybe even to purchase the project, finish it themselves, mod it as they (SE) see fit, and release it as a SE title.
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""A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar
"A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar
Re: AU Court Lets ISP Off the Hook Over Illegal Downloads
Forum thread continuing the debate here.
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""A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar
"A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar
Re: AU Court Lets ISP Off the Hook Over Illegal Downloads
Glad to see an intelligent judge in Australia. I wonder if he would be interested in moving to the US.
E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma
E. Zachary Knight
Divine Knight Gaming
OK Game Devs
Random Tower