LISTSERV mailing list manager LISTSERV 16.0

Help for PORTSIDE Archives


PORTSIDE Archives

PORTSIDE Archives


PORTSIDE@LISTS.PORTSIDE.ORG


View:

Message:

[

First

|

Previous

|

Next

|

Last

]

By Topic:

[

First

|

Previous

|

Next

|

Last

]

By Author:

[

First

|

Previous

|

Next

|

Last

]

Font:

Monospaced Font

LISTSERV Archives

LISTSERV Archives

PORTSIDE Home

PORTSIDE Home

PORTSIDE  April 2012, Week 4

PORTSIDE April 2012, Week 4

Subject:

ISP Not Liable for BitTorrent Piracy, High Court Rules

From:

Portside Moderator <[log in to unmask]>

Reply-To:

[log in to unmask]

Date:

Fri, 27 Apr 2012 22:08:53 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (168 lines)

ISP Not Liable for BitTorrent Piracy, High Court Rules

Myles Peterson
April 20, 2012
http://torrentfreak.com/iinet-isp-not-liable-for-bittorrent-piracy-high-court-rules-120420/

After an epic four year legal battle, the Australian
High Court has upheld previous rulings that ISP iiNet is
not responsible for the copyright infringements of its
customers. Despite today's huge defeat for Hollywood,
the chief of local anti-piracy group AFACT insists that
the landscape has changed since the case began, with
legislators and courts around the world now recognizing
that ISPs have a role in preventing piracy.

In what became known as the iiTrial, the marathon four-
year legal battle that began in November 2008, a
consortium of Hollywood Studios with token Australian
representation going under the banner of the Australian
Federation Against Copyright Theft (AFACT) took iiNet to
court.

The case navigated several layers of the Australian
court system, with iiNet winning the initial ruling and
all subsequent appeals, before finally ending up in
front the High Court in December last year.

The thrust of the case hung on whether iiNet had
willingly authorized the copyright infringements of its
customers. Lower courts found that iiNet had no duty to
police its own networks, even when AFACT supplied so-
called proof of infringement by its customers.

Just moments ago, the High Court unanimously dismissed
AFACT's final appeal.

"The Court observed that iiNet had no direct technical
power to prevent its customers from using the BitTorrent
system to infringe copyright," a summary of the Court's
findings read.

"Rather, the extent of iiNet's power to prevent its
customers from infringing the appellants' copyright was
limited to an indirect power to terminate its
contractual relationship with its customers."

The High Court further noted that the warning notices
previously sent to iiNet by AFACT when the ISP's
customers allegedly infringed copyright "..did not
provide iiNet with a reasonable basis for sending
warning notices to individual customers containing
threats to suspend or terminate those customers'
accounts."

Since the notices were inadequate, iiNet could not be
considered to have authorized the infringements of its
subscribers when it did not act on them.

The High Court sits at the pinnacle of Australia's legal
system and its rulings cannot be appealed. Today's
decision forms a binding legal precedent on all lower
Australian courts and will be taken into consideration
by judges in countries with comparable legal systems
such as India, Canada and the UK.

All of this factored into the reasoning of AFACT and its
chief sponsor the MPAA to take legal action against
iiNet, as revealed by US diplomatic cables released by
Wikileaks in November 2011. The US Ambassador to
Australia in 2008, Robert McCallum, reported back to
Washington that iiNet was chosen because it was judged
too small to put up a decent legal fight. In the cable,
the Ambassador prophetically cautioned the coming legal
tussle could be perceived as ".the giant American
bullies [versus] little Aussie battlers.."

AFACT could never have known Wikileaks would out the
plot, or that the legal case would so spectacularly
backfire. Today's decision will hurt Hollywood's
copyright enforcement agenda on multiple levels.
Alongside the setting of an unwanted legal precedent,
AFACT has been dealt a significant public relations blow
in its ongoing lobbying efforts in Australia.

Prior to the decision, AFACT's Managing Director Neil
Gane told TorrentFreak via email, "Regardless of the
outcome [today], the landscape has changed. In the three
years since the case commenced, legislators, regulators
and courts around the world have recognized that ISPs
must play a central role in preventing online copyright
theft."

Anticipating a loss in the case, AFACT began lobbying
government and ISPs behind closed doors last December.
The process has been widely criticised for a lack of
public consultation. While the Australian government has
suggested it prefers an industry agreed model for
combating copyright infringement to legislation, leaks
have revealed AFACT and its lobbying partners have been
pressuring for an outcome that forces ISPs into a
policing role.

The option of having ISPs forced into that role through
the courts has been blunted by today's High Court
decision and it can be expected AFACT will step up their
lobbying efforts of law-makers directly.

Update: Both parties held separate conferences following
the emphatic 5-0 High Court decision. The mood in the
iiNet camp, who stand to recoup $6 million in legal
fees, was jubilant.

"We're very pleased with the results announced in the
High Court," iiNet Chief Regulatory Officer Steve Dalby
said. "The five-nil judgement puts us in a much stronger
position."

AFACT's Neil Gane was expectedly downbeat. "Both
judgements in this case recognize that copyright law is
no longer equipped to deal with the rate of
technological change we have seen since the law of
authorization was last tested," he said.

iiNet CEO Michael Malone was keen to stress the
importance of the win. "This is a world first case. No
case has gone to judgement in the highest court in the
land. I've had text messages and emails from people from
all over the world," he said.

Mr Malone said he looked forward to finding solutions to
content piracy, but said a large part of the problem was
content creators' unwillingness to make their products
available in a timely and cost-efficient manner.
Expressing a personal fondness for hit US TV series Game
of Thrones, Mr Malone lamented he was not able to access
the latest episodes of the show legally in Australia.

Both Mr Malone and Mr Dalby expressed concerns about
AFACT's methods for collecting data on alleged
infringers. "I dont' have any confidence in the notices
[of alleged infringement] that we've seen," Mr Dalby
said.

Mr Malone added that by standing up to AFACT and its
Hollywood backers iiNet had enhanced its reputation in
the Australian marketplace. "I'd argue [the court case
has] positively impacted our reputation . Our role is to
connect customers to the internet and with each other.
We're not going to remove your access without some sort
of independent review," he said.

___________________________________________

Portside aims to provide material of interest to people
on the left that will help them to interpret the world
and to change it.

Submit via email: [log in to unmask]

Submit via the Web: http://portside.org/submittous3

Frequently asked questions: http://portside.org/faq

Sub/Unsub: http://portside.org/subscribe-and-unsubscribe

Search Portside archives: http://portside.org/archive

Contribute to Portside: https://portside.org/donate

Top of Message | Previous Page | Permalink

Advanced Options


Options

Log In

Log In

Get Password

Get Password


Search Archives

Search Archives


Subscribe or Unsubscribe

Subscribe or Unsubscribe


Archives

July 2014, Week 4
July 2014, Week 3
July 2014, Week 2
July 2014, Week 1
June 2014, Week 5
June 2014, Week 4
June 2014, Week 3
June 2014, Week 2
June 2014, Week 1
May 2014, Week 5
May 2014, Week 4
May 2014, Week 3
May 2014, Week 2
May 2014, Week 1
April 2014, Week 5
April 2014, Week 4
April 2014, Week 3
April 2014, Week 2
April 2014, Week 1
March 2014, Week 5
March 2014, Week 4
March 2014, Week 3
March 2014, Week 2
March 2014, Week 1
February 2014, Week 4
February 2014, Week 3
February 2014, Week 2
February 2014, Week 1
January 2014, Week 5
January 2014, Week 4
January 2014, Week 3
January 2014, Week 2
January 2014, Week 1
December 2013, Week 5
December 2013, Week 4
December 2013, Week 3
December 2013, Week 2
December 2013, Week 1
November 2013, Week 5
November 2013, Week 4
November 2013, Week 3
November 2013, Week 2
November 2013, Week 1
October 2013, Week 5
October 2013, Week 4
October 2013, Week 3
October 2013, Week 2
October 2013, Week 1
September 2013, Week 5
September 2013, Week 4
September 2013, Week 3
September 2013, Week 2
September 2013, Week 1
August 2013, Week 5
August 2013, Week 4
August 2013, Week 3
August 2013, Week 2
August 2013, Week 1
July 2013, Week 5
July 2013, Week 4
July 2013, Week 3
July 2013, Week 2
July 2013, Week 1
June 2013, Week 5
June 2013, Week 4
June 2013, Week 3
June 2013, Week 2
June 2013, Week 1
May 2013, Week 5
May 2013, Week 4
May 2013, Week 3
May 2013, Week 2
May 2013, Week 1
April 2013, Week 5
April 2013, Week 4
April 2013, Week 3
April 2013, Week 2
April 2013, Week 1
March 2013, Week 5
March 2013, Week 4
March 2013, Week 3
March 2013, Week 2
March 2013, Week 1
February 2013, Week 4
February 2013, Week 3
February 2013, Week 2
February 2013, Week 1
January 2013, Week 5
January 2013, Week 4
January 2013, Week 3
January 2013, Week 2
January 2013, Week 1
December 2012, Week 5
December 2012, Week 4
December 2012, Week 3
December 2012, Week 2
December 2012, Week 1
November 2012, Week 5
November 2012, Week 4
November 2012, Week 3
November 2012, Week 2
November 2012, Week 1
October 2012, Week 5
October 2012, Week 4
October 2012, Week 3
October 2012, Week 2
October 2012, Week 1
September 2012, Week 5
September 2012, Week 4
September 2012, Week 3
September 2012, Week 2
September 2012, Week 1
August 2012, Week 5
August 2012, Week 4
August 2012, Week 3
August 2012, Week 2
August 2012, Week 1
July 2012, Week 5
July 2012, Week 4
July 2012, Week 3
July 2012, Week 2
July 2012, Week 1
June 2012, Week 5
June 2012, Week 4
June 2012, Week 3
June 2012, Week 2
June 2012, Week 1
May 2012, Week 5
May 2012, Week 4
May 2012, Week 3
May 2012, Week 2
May 2012, Week 1
April 2012, Week 5
April 2012, Week 4
April 2012, Week 3
April 2012, Week 2
April 2012, Week 1
March 2012, Week 5
March 2012, Week 4
March 2012, Week 3
March 2012, Week 2
March 2012, Week 1
February 2012, Week 5
February 2012, Week 4
February 2012, Week 3
February 2012, Week 2
February 2012, Week 1
January 2012, Week 5
January 2012, Week 4
January 2012, Week 3
January 2012, Week 2
January 2012, Week 1
December 2011, Week 5
December 2011, Week 4
December 2011, Week 3
December 2011, Week 2
December 2011, Week 1
November 2011, Week 5
November 2011, Week 4
November 2011, Week 3
November 2011, Week 2
November 2011, Week 1
October 2011, Week 5
October 2011, Week 4
October 2011, Week 3
October 2011, Week 2
October 2011, Week 1
September 2011, Week 5
September 2011, Week 4
September 2011, Week 3
September 2011, Week 2
September 2011, Week 1
August 2011, Week 5
August 2011, Week 4
August 2011, Week 3
August 2011, Week 2
August 2011, Week 1
July 2011, Week 5
July 2011, Week 4
July 2011, Week 3
July 2011, Week 2
July 2011, Week 1
June 2011, Week 5
June 2011, Week 4
June 2011, Week 3
June 2011, Week 2
June 2011, Week 1
May 2011, Week 5
May 2011, Week 4
May 2011, Week 3
May 2011, Week 2
May 2011, Week 1
April 2011, Week 5
April 2011, Week 4
April 2011, Week 3
April 2011, Week 2
April 2011, Week 1
March 2011, Week 5
March 2011, Week 4
March 2011, Week 3
March 2011, Week 2
March 2011, Week 1
February 2011, Week 4
February 2011, Week 3
February 2011, Week 2
February 2011, Week 1
January 2011, Week 5
January 2011, Week 4
January 2011, Week 3
January 2011, Week 2
January 2011, Week 1
December 2010, Week 5
December 2010, Week 4
December 2010, Week 3
December 2010, Week 2
December 2010, Week 1
November 2010, Week 5
November 2010, Week 4
November 2010, Week 3
November 2010, Week 2
November 2010, Week 1
October 2010, Week 5
October 2010, Week 4
October 2010, Week 3
October 2010, Week 2
October 2010, Week 1
September 2010, Week 5
September 2010, Week 4
September 2010, Week 3
September 2010, Week 2
September 2010, Week 1
August 2010, Week 5
August 2010, Week 4
August 2010, Week 3
August 2010, Week 2
August 2010, Week 1
July 2010, Week 5
July 2010, Week 4
July 2010, Week 3
July 2010, Week 2
July 2010, Week 1

ATOM RSS1 RSS2



LISTS.PORTSIDE.ORG

CataList Email List Search Powered by the LISTSERV Email List Manager