Australian Court: ISPs are not Copyright Police

February 24, 2011 -

This is good news or bad news depending on your perspective and if you live in Australia: the Federal Court of Australia dismissed a case this week brought by the movie industry about the role of internet service providers in the fight against copyright infringement. This report on Ars Technica details the drama leading up to the court battle. Lawyers for industry argued that ISPs in the country must take action against file-sharers who are accused of infringement by copyright holders. The case was against ISP iiNet, and was an appeal of the original judgment in the matter, which also went against rightsholders. The appeal was heard by a three-judge panel.

In 2008, the Australian Federation Against Copyright Theft (AFACT) hired a company to monitor BitTorrent networks for infringement. The company compiled a list of iiNet IP addresses sharing allegedly copyrighted films and then sent the list on to iiNet, with a demand that it take action against subscribers using those IP addresses.

Leroy Parkinson of iiNet responded by telling the company to promptly direct its allegations to 'the appropriate authorities.' He also made note of several entries that didn't make a lot of sense that were included in the spreadsheet.

After several back-and-forth emails, Parkinson basically told AFACT direct his complaint to the proper authorities. Roadshow Films, whose movies were being shared, decided to sue iiNet on the grounds that the ISP was authorizing copyright infringement. After two hearings it seems the courts did not agree with its claims.

iiNet CEO Michael Malone said in a statement after the new ruling that the best defense against copyright infringement for movie companies is more legitimate outlets for content: "We urge the Australian film industry to address the growing demand for studio content to be delivered in a timely and cost effective manner to consumers and we remain eager to work with them to make this material available legitimately," he said.

Electronic Frontiers Australia congratulated iiNet and complimented the company for "putting up a strong defense against copyright owners in a context where—worldwide—Internet companies and legislators have buckled under industry pressure."

You can read an excellent blow-by-blow account of the ruling and the events that led to the court case at Ars Technica.


Comments

Re: Australian Court: ISPs are not Copyright Police

I'd imagine the kind of people who think this is bad news don't spend a lot of time reading GP.  Good job, iiNet.  I always knew Aussies were cool, deep down.  ;)

 
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Matthew WilsonSF have to build upwards they have natural growth limits. they can not grow outwards. ps growing outwards is terable just look at Orlando or Austin for that.04/16/2014 - 4:15pm
ZippyDSMleeIf they built upward then it would becoem like every other place making it worthless, if they don't build upward they will price people out making it worthless, what they need to do is a mix of things not just one exstreme or another.04/16/2014 - 4:00pm
Matthew Wilsonyou know the problem in SF was not the free market going wrong right? it was government distortion. by not allowing tall buildings to be build they limited supply. that is not free market.04/16/2014 - 3:48pm
ZippyDSMleeOh gaaa the free market is a lie as its currently leading them to no one living there becuse they can not afford it makign it worthless.04/16/2014 - 3:24pm
Matthew WilsonIf you have not read http://arstechnica.com/gaming/2014/04/introducing-steam-gauge-ars-reveals-steams-most-popular-games/ you should. It is a bit stats heavy, but worth the read.04/16/2014 - 2:04pm
Matthew Wilsonthe issue is when is doesn't work it can screw over millions in new york city's case. more often than not it is better to let the free market run its course without market distortion.04/16/2014 - 9:36am
NeenekoTrue, and overdone stagnation is a problem. It is a tricky balance. It does not help that when it does work, no one notices. Most people here have benifited from rent controls and not even realized it.04/16/2014 - 9:23am
ZippyDSMleehttp://www.afterdawn.com/news/article.cfm/2014/04/15/riaa_files_civil_suit_against_megaupload04/16/2014 - 8:48am
ZippyDSMleeEither way you get stagnation as people can not afford the prices they set.04/16/2014 - 8:47am
Neenekowell, specifically it helps people already living there and hurts people who want to live there instead. As for 'way more hurt', majorities generally need less legal protection. yes it hurt more people then it helped, it was written for a minority04/16/2014 - 8:30am
MaskedPixelantehttp://torrentfreak.com/square-enix-drm-boosts-profits-and-its-here-to-stay-140415/ Square proves how incredibly out of touch they are by saying that DRM is the way of the future, and is here to stay.04/16/2014 - 8:29am
james_fudgeUnwinnable Weekly Telethon playing Metal Gear http://www.twitch.tv/rainydayletsplay04/16/2014 - 8:06am
ConsterTo be fair, there's so little left of the middle class that those numbers are skewing.04/16/2014 - 7:42am
Matthew Wilsonyes it help a sub section of the poor, but hurt both the middle and upper class. in the end way more people were hurt than helped. also, it hurt most poor people as well.04/16/2014 - 12:13am
SeanBJust goes to show what I have said for years. Your ability to have sex does not qualify you for parenthood.04/15/2014 - 9:21pm
NeenekoSo "worked" vs "failed" really comes down to who you think is more important and deserving04/15/2014 - 7:04pm
NeenekoThough I am also not sure we can say NYC failed. Rent control helped the people it was intended for and is considered a failure by the people it was designed to protect them from.04/15/2014 - 7:04pm
NeenekoIf they change the rules, demand will plummet. Though yeah, rent control probably would not help much in the SF case. I doubt anything will.04/15/2014 - 1:35pm
TheSmokeyOnline gamer accused of murdering son to keep playing - http://cnews.canoe.ca/CNEWS/Crime/2014/04/15/21604921.html04/15/2014 - 11:50am
Matthew Wilsonyup, but curent city rules do not allow for that.04/15/2014 - 11:00am
 

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