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.  ;)

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
prh99Steam has added a curator system. You can follow your favorites and see their recommendations http://store.steampowered.com/curators/09/22/2014 - 9:07pm
MaskedPixelantePlus there's the whole "we don't use accounts" thing that means if you lose your 3DS and have to get a new one, you have to deal with Nintendo customer service to get your downloads back instead of, you know, logging in and downloading them.09/22/2014 - 8:39pm
MonteIndeed. Their wallet system, the lack of sales, applying tax, the lack of price cuts, the eshop is pretty terrible. Only use it for indie games.09/22/2014 - 8:29pm
Andrew EisenThat's the one I'm eyeballing. Really dug the demo. Didn't care as much for EOIV though.09/22/2014 - 8:19pm
MaskedPixelanteOoh, an Atlus sale, it must be a day that ends in "y". I'd much rather get physical 3DS games because of Nintendo's outdated digital distribution policies, but EOU is near impossible to find anywhere nowadays... conflicted.09/22/2014 - 7:48pm
Andrew EisenOooh, Atlus sale in the 3DS eShop. I might have to bust open my piggy bank. http://www.siliconera.com/2014/09/22/shin-megami-tensei-iv-atlus-games-sale/09/22/2014 - 7:21pm
Matthew Wilsonhttp://www.pcgamer.com/2014/09/23/steam-update/ steam finally adds content Curation. I like that the user can pick which peoples recommendations they want to see.09/22/2014 - 7:16pm
MaskedPixelanteNintendo put three dual-gendered characters in Smash Bros 4.09/22/2014 - 7:13pm
Andrew EisenWhat did Nintendo do thrice in one game?09/22/2014 - 6:48pm
MaskedPixelanteYou know it's a bogus defense when Nintendo of all companies does it THREE TIMES in one game.09/22/2014 - 6:29pm
E. Zachary KnightIt is stupid that they went with the "It would be too much work to add a woman assassin" defense rather than just being honest and admiting they didn't think about it until it was brought up.09/22/2014 - 6:06pm
E. Zachary KnightYeah, this is a different game and it is not out of the ordinary for them. THey did the same for the pirate one.09/22/2014 - 6:05pm
MaskedPixelanteTurns out it's less "impossible", more "part of the season pass, but only in an exclusive game that's separate from ACU proper".09/22/2014 - 6:01pm
MaskedPixelantehttp://www.joystiq.com/2014/09/22/assassins-creed-unitys-season-pass-includes-game-set-in-china/ Remember how Ubisoft said it was impossible to have playable females in Assassin's Creed Unity?09/22/2014 - 5:59pm
ZippyDSMleeIf publishers didn't play the region lock game then it would not be an issue.Tho I have seen more russian/chec games than asia ones on ebay.If they do not like it then mabye lower thier region prices to make alitte vrs none.09/22/2014 - 9:54am
MaskedPixelantehttp://hexus.net/gaming/news/industry/74981-pc-game-code-stripping-widespread-says-report/ Thievery, or perhaps the very idea of capitalism? You decide!09/22/2014 - 9:47am
MaskedPixelantehttps://www.youtube.com/watch?v=oDPCmmZifE8 John Oliver exposes Miss America.09/22/2014 - 9:00am
james_fudgeI reiterate now - not one email to-date.09/22/2014 - 8:37am
james_fudgeAnd this: https://archive.today/uIjwE09/22/2014 - 8:37am
james_fudgeLet me put this here: https://archive.today/hbtQJ09/22/2014 - 8:35am
 

Be Heard - Contact Your Politician