Feeds

ISPs facing global clamp down on piracy

Service providers told to up their game in spite of court win for Oz ISP

Combat fraud and increase customer satisfaction

Why the iiNet case matters

The iiNet case commenced in 2008, when the Australian Federation Against Copyright Theft (AFACT), a body that numbers Warner Brothers, 20th Century Fox, Universal, Walt Disney Pictures, Sony Pictures and Paramount among its members, commissioned a company to investigate iiNet users' online behaviour.

The investigation saw a customised BitTorrent client used to track behaviour and AFACT used the data gathered through this method to compile substantial dossiers describing alleged copyright infringement that it sent to iiNet every week for more than a year.

iiNet did nothing with these dossiers, but did suggest to AFACT that handing them to the Police sounded like a good idea.

AFACT eventually decided to initiate legal action, which it said was the only sensible thing to do given iiNet's intransigence.

That action was widely interpreted as bullying, as when the case reached Australia's Federal Court in 2009 iiNet was a junior telco. While it may have had nearly half a million subscribers, that was well short of the several million enjoyed by Australia's two dominant telcos, Optus and Telstra. The latter owns a third of Australia's sole pay television provider, making a legal battle with Hollywood commercial poison. The former also distributes content, even if it too is embroiled in copyright controversy.

The case was therefore assumed to be a case of deep-pocketed content players picking on someone without the ability to muscle up in a protracted legal battle, in the hope of scoring a precedent it could use elsewhere.

That tactic has now backfired three times, as iiNet won the original case and two AFACT-initiated appeals. The latest failure, in Australia's High Court, cannot be appealed.

AFACT is now painting the decision as proof Australia's Copyright Act needs revision, an idea the Court itself mentions in the judgement, which says “The history of the [Copyright] Act since 1968 shows that the Parliament is more responsive to pressures for change to accommodate new circumstances than in the past. Those pressures are best resolved by legislative processes rather than by any extreme exercise in statutory interpretation by judicial decisions.”

Big Content may get the precedent it wanted after all. ®

With Simon Sharwood

SANS - Survey on application security programs

More from The Register

next story
Lavabit loses contempt of court appeal over protecting Snowden, customers
Judges rule complaints about government power are too little, too late
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
Record labels sue Pandora over vintage song royalties
Companies want payout on recordings made before 1972
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Edward Snowden on his Putin TV appearance: 'Why all the criticism?'
Denies Q&A cameo was meant to slam US, big-up Russia
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Judge halts spread of zombie Nortel patents to Texas in Google trial
Epic Rockstar patent war to be waged in California
US Supreme Court supremo rakes Aereo lawman in oral arguments
Antenna-array content streamers: 'Ruling against us could dissipate the cloud'
German space centre endures cyber attack
Chinese code retrieved but NSA hack not ruled out
prev story

Whitepapers

Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.