Feeds

Aussie ISP beats Hollywood on 'copyright' rap

Providing net access not same as OK-ing copyright theft

Top 5 reasons to deploy VMware with Tegile

The Australian Federal Court has found an Aussie ISP not responsible for copyright offences committed by its customers.

The Australian Federation against Copyright Theft claimed that iiNet authorised copyright theft by its customers.

Judge J Cowdroy accepted that iiNet users had used BitTorrent to infringe copyright, but that the number was far less than alleged by AFCT and that iiNet in no way authorised the infringements.

The judge found that providing the means to infringement, internet access, was not the same as authorising infringement - BitTorrent was.

In summary the judge said:

the key question is: Did iiNet authorise copyright infringement? The Court answers such question in the negative for three reasons: first because the copyright infringements occurred directly as a result of the use of the BitTorrent system, not the use of the internet, and the respondent did not create and does not control the BitTorrent system; second because the respondent did not have a relevant power to prevent those infringements occurring; and third because the respondent did not sanction, approve or countenance copyright infringement.

Judge Cowdroy said the case had attracted worldwide attention - "So much so that I understand this is the first Australian trial to be twittered or tweeted." He said he'd approved this because of the public interest and because it seemed fitting for a copyright trial involving the internet.

iiNet welcomed the judgment and said it remained "a good corporate citizen and even better copyright citizen".

The case was brought by all the major Hollywood studios. The judge accepted there was widespread copying of their films, not just in Australia but worldwide, but the studios feeling that "something must be done" was not enough to find iiNet guilty.

iiNet customers were also accused of creating physical DVD copies of Hollywood films - but the court found that the only people who definitely did this were AFCT investigators.

The full judgement, all 200 pages of it, and, mercifully, a summary, is available here. ®

Security for virtualized datacentres

More from The Register

next story
TEEN RAMPAGE: Kids in iPhone 6 'Will it bend' YouTube 'prank'
iPhones bent in Norwich? As if the place wasn't weird enough
Consumers agree to give up first-born child for free Wi-Fi – survey
This Herod network's ace – but crap reception in bullrushes
Crouching tiger, FAST ASLEEP dragon: Smugglers can't shift iPhone 6s
China's grey market reports 'sluggish' sales of Apple mobe
Sea-Me-We 5 construction starts
New sub cable to go live 2016
New EU digi-commish struggles with concepts of net neutrality
Oettinger all about the infrastructure – but not big on substance
PEAK IPV4? Global IPv6 traffic is growing, DDoS dying, says Akamai
First time the cache network has seen drop in use of 32-bit-wide IP addresses
EE coughs to BROKEN data usage metrics BLUNDER that short-changes customers
Carrier apologises for 'inflated' measurements cockup
Comcast: Help, help, FCC. Netflix and pals are EXTORTIONISTS
The others guys are being mean so therefore ... monopoly all good, yeah?
prev story

Whitepapers

Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.
The next step in data security
With recent increased privacy concerns and computers becoming more powerful, the chance of hackers being able to crack smaller-sized RSA keys increases.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.