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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IronPatriotbenohawk, TotalBiscuit is a totalLIAR and decided to be part of the gamergate problem.08/03/2015 - 4:27pm
IronPatriotbenohawk, here are some of TotalBiscuit's totalLIES against gamergate victims: https://medium.com/@SvizraLion/everything-totalbiscuit-got-wrong-in-way-too-many-words-4df407e8113c08/03/2015 - 4:27pm
IronPatriotbenohawk, TotalBiscuit claims he's against harassment, but he joined a movement created for harassment and told inflammatory lies about the victims of gamergate.08/03/2015 - 4:25pm
IronPatriotbenohawk, TotalBiscuit told massive lies about gamergate victims like Sarkeesian. What difference does it make if one side of his mouth says he's against harassment when he joins a movement created for harassment?08/03/2015 - 4:23pm
Big PermIn the end, I can respect it being their tournament with their rules.08/03/2015 - 3:58pm
Andrew EisenHell, I don't like a lot of character designs/costumes but I don't believe I've ever actually been upset by one.08/03/2015 - 3:58pm
Andrew EisenMatthew - There are always people upset with every character design in existence. So? You can't please everyone.08/03/2015 - 3:57pm
Andrew EisenI think it was more an attempt for everyone else to take it seriously. Either way, it was just a suggested option for tournament organizers.08/03/2015 - 3:56pm
Big PermI can't imagine a DoA tournament existed beforehand to showcase the boob physics. I'd think it was already taken seriously by the people who play it08/03/2015 - 3:55pm
Andrew EisenYeah, I remember the "let's suggest an optional restrict certain outfits from Dead or Alive tournament play to encourage people to take the game seriously and focus on the gameplay." That should have nothing to do with DOAX3 localization decisions though.08/03/2015 - 3:54pm
Big PermProbably just twitter drama then. I don't remember game sites being surprised DoA had bouncing boobs08/03/2015 - 3:53pm
Matthew Wilsonin any case people who want it can just import it, unlike Nintendo, the ps4 isnt region locked08/03/2015 - 3:53pm
Matthew Wilsonthe costumes stuff I am ok with. its their tourament, but people were getting upset by the disgin of the characters08/03/2015 - 3:51pm
Matthew Wilsonthat was a difrent more recent one.08/03/2015 - 3:49pm
benohawkI don't remember the exact game and tourney, but Matt and Perm are right that they tried to ban dome female costumes from a tournament a few months ago08/03/2015 - 3:49pm
Big PermLink to community forums that have tournament rules http://www.freestepdodge.com/threads/fsd-doa-tournament-standard-rules.156/08/03/2015 - 3:48pm
Matthew WilsonI belive it was dead or alive08/03/2015 - 3:48pm
Andrew EisenWho was getting upset by how the females looked in what?08/03/2015 - 3:46pm
Matthew WilsonIt may have been a difrent fighting game, but it did happen.08/03/2015 - 3:46pm
Matthew Wilsonpeople were getting upset by how some of the females looked.08/03/2015 - 3:45pm
 

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