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. ®

Internet Security Threat Report 2014

More from The Register

next story
Download alert: Nearly ALL top 100 Android, iOS paid apps hacked
Attack of the Clones? Yeah, but much, much scarier – report
Broadband sellers in the UK are UP TO no good, says Which?
Speedy network claims only apply to 10% of customers
Virgin Media struck dumb by NATIONWIDE packet loss balls-up
Turning it off and on again fixes glitch 12 HOURS LATER
Yahoo! blames! MONSTER! email! OUTAGE! on! CUT! CABLE! bungle!
Weekend woe for BT as telco struggles to restore service
Fujitsu CTO: We'll be 3D-printing tech execs in 15 years
Fleshy techie disses network neutrality, helmet-less motorcyclists
Facebook, working on Facebook at Work, works on Facebook. At Work
You don't want your cat or drunk pics at the office
Soz, web devs: Google snatches its Wallet off the table
Killing off web service in 3 months... but app-happy bonkers are fine
Ofcom tackles complaint over Premier League footie TV rights
Virgin Media: UK fans pay the most for the fewest matches
prev story

Whitepapers

Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
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.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Protecting users from Firesheep and other Sidejacking attacks with SSL
Discussing the vulnerabilities inherent in Wi-Fi networks, and how using TLS/SSL for your entire site will assure security.
Saudi Petroleum chooses Tegile storage solution
A storage solution that addresses company growth and performance for business-critical applications of caseware archive and search along with other key operational systems.