Australian piracy case to shake up global fight; appeal likely

Posted in: Online TV/Music at 05/02/2010 00:19

A Federal Court ruling in favour of internet service provider iiNet could have international ramifications for the fight against illegal content.

The Australian film and television industry today lost its case against iiNet, whose customers downloaded pirated movies and TV programs.

In a landmark judgement, Justice Dennis Cowdroy ruled the internet service provider (ISP) was not liable for the downloading habits of its customers.

To read this ABC News report in full, see:
www.abc.net.au/news/stories/2010/02/04/2810520.htm

Also see:

AFACT v iiNet: Legal expert says it's far from over
iiNet's win in its civil case against the Australian Federation Against Copyright Theft (AFACT) in the Federal Court of Australia is just the start of a potentially long legal war, according to a Melbourne University copyright law expert.

In the wake of much industry and online applause for the decision by Justice Cowdroy to drop the case and award costs to ISP, iiNet, Melbourne University associate professor David Brennan said an appeal was likely and interested parties are "probably looking at 2011 or 2012 before a final judicial determination".
www.computerworld.com.au/article/335119/afact_v_iinet_legal_expert_says_it_far_from_over/

iiNet wins landmark case
The Federal Government has handed down a landmark decision today which found that Internet service provider (ISP) iiNet was not liable for copyright infringements that occur when people use their service to download film and television content.

Allens Partner Andrew Wiseman speaks to Boardroom Radio about what this decision means for ISPs and content owners.

To hear Andrew's interview, go to:
www.aar.com.au/med/audio.htm

ISPs won't need to be cops: iiNet
Australian Internet Service Providers (ISPs) may now be free of liability from instances of copyright infringement by its users, according to iiNet managing director Michael Malone.

The ISP has successfully defended a Federal Court case brought by the Australian Federation Against Copyright Theft (AFACT) which sought damages for thousands of alleged instances copyright infringement on its network.
www.computerworld.com.au/article/335092/isps_won_t_need_cops_iinet/

AFACT needs appeal for law changes: Lawyer
Lawyer and CSP Central contributor Peter Moon said that he believed the iiNet judgement was fair and that the Australian Federation Against Copyright Theft would likely have to appeal before pushing legislation changes in the government.

"First and foremost, we say that iiNet deserves its day in the sun. It fought fairly. It answered a vigorous and well-resourced case. And it won comprehensively," Moon said to ZDNet.com.au on behalf of CSP Central, a legal and regulatory resource for communications issues.
http://www.zdnet.com.au/news/communications/soa/AFACT-needs-appeal-for-law-changes-Lawyer/0,130061791,339300856,00.htm

Read more now


Registrar Solutions