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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quiknkoldhttp://www.pastemagazine.com/articles/2014/10/femme-doms-of-videogames-bayonetta-doesnt-care-if.html10/30/2014 - 1:15pm
quiknkoldIf he calls himself the Effing Robot King, I can die happy10/30/2014 - 1:14pm
Michael ChandraAlso, yay for him being Ultron. :D10/30/2014 - 1:08pm
Michael Chandra"We become who we are. You can’t judge a book by its cover, but you can by its first few chapters. And most certainly by its last."10/30/2014 - 1:07pm
prh99""We are what we repeatedly do..."10/30/2014 - 12:30pm
Andrew EisenI would, however, call someone who routinely kills time by playing random games on their phone a gamer.10/30/2014 - 12:15pm
E. Zachary KnightMatthew, AE, Yeah, that is why I have a hard time understanding critics of Sarkeesian. I look at her videos as a Feminist review of video games, but for some reason, others look at them as personal attacks.10/30/2014 - 12:01pm
E. Zachary KnightDefinitely a good answer. That is the way I lean. If you actively chose to stop gaming, or just stopped out of habit, then yeah, you are no longer a gamer.10/30/2014 - 11:45am
Matthew WilsonAE i agree, but it is worth pointing out the fact that that is whats happening.10/30/2014 - 11:45am
quiknkoldbehavior to warrant having a Title that doesnt involve a piece of paper.10/30/2014 - 11:43am
quiknkoldwaiting in line. Thats not being a Gamer. Thats akin to me reading a Pamphlet in line and calling myself an active reader. or watching a movie trailer on a tv in walmart and calling myself an active movie goer. There has to be some form of repetitive10/30/2014 - 11:42am
quiknkoldbeing A Gamer is a Conscious decision. I am consciously engaging in this form of media and showing some form of enthusiasm. The only person I Wouldnt call a gamer is somebody who has a random game on their phone just to kill 5 minutes cause they are10/30/2014 - 11:41am
E. Zachary KnightSo how much time must pass since the last time you played a game before you are no longer a gamer?10/30/2014 - 11:33am
Andrew Eisen"Plays" is present tense so the clarification doesn't seem necessary to me.10/30/2014 - 11:18am
quiknkoldI would change that from "One who plays games" To "One who currently plays games". Like my friend as a kid playd games but then he stopped and hasnt for the last decade+ so I wouldnt call him a Gamer.10/30/2014 - 11:16am
Andrew EisenHmm, that sounds like a great idea for a series of articles! I bet they'd be well-received and not taken the complete wrong way at all!10/30/2014 - 11:12am
Andrew EisenThat's right, gamer simply means one who plays games. That's it. The idea that "gamer" refers to something very limited and specific, well, that's no longer applicable in this day and age of mainstream gaming.10/30/2014 - 11:12am
Andrew EisenMatthew - As I said last night, that is not a bad thing. Different types of reviews to serve different interests is a GOOD thing and should be encouraged! There is not, nor should there be, only one way to review a game or anything else.10/30/2014 - 11:01am
ZippyDSMleeAnyone see this? http://www.dailykos.com/story/2014/10/29/1339617/-Cartoon-Gamergate-Contagion-Spreads?detail=facebook10/30/2014 - 10:55am
E. Zachary KnightNeeneko, Matthew, yeah, there is no "wrong" way to review a game. It all depends on who the reviewer wants reading the review.10/30/2014 - 10:48am
 

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