Day 21: iiNet sample users didn’t take up quota offers

 

Customers not scared by the prospect of shaping.

ISP iiNet’s sample of 20 customer accounts surfaced in the copyright case showed there was “no correlation” between infringing activity and download quotas, the Federal Court heard today.

As the case resumed, iiNet’s lead barrister Richard Cobden provided a brief analysis of the accounts in his closing address in an attempt to dispute the studio’s assertion that iiNet was encouraging infringement on its network by offering customers upgrades to higher-capacity plans.

The upgrades would allow users to download more illegal copies of films because they would avoid being shaped (having their transfer speeds reduced), the studios had alleged.

In his analysis, Cobden said that user "RC01" used only half of its allocated quota in June. Another, "RC05" used 23 percent of its quota in October, 2008.

Cobden said that of the accounts sampled, “15 were shaped at some point during the year”. He said 10 upgraded to higher download quotas over the year but there was “no correlation” between the upgrade and the users wanting to download the applicant’s films.

“And one of them downgraded [during the year], which is inconsistent with the applicant’s assertion,” Cobden said.

“We’re not suggesting it’s excusable for somebody to download these films [illegally]. What it does demonstrate is that when offered an upgrade, they’re not taking it to download more of the applicant’s films.”

Cobden said that telling customers when they were approaching their quota limit for the month was a “business service” offered by iiNet that enabled them to either budget their remaining quota for the month or upgrade to prevent being shaped.

The case continues. You can follow the case in-full here. For a background on the case, click here.


Day 21: iiNet sample users didn’t take up quota offers
 
 
 
Top Stories
Australia passes data retention into law
Mammoth last-ditch effort by Greens, indies knocked back.
 
ATO to kill off e-Tax
Veteran software to be replaced by more modern myTax.
 
CSC embroiled in CBA IT bribery scandal
ServiceMesh named in alleged dodgy dealing.
 
 
Sign up to receive iTnews email bulletins
   FOLLOW US...
Latest articles on BIT Latest Articles from BIT
Xero now includes an inventory function built-in
Mar 26, 2015
Xero has added inventory and other major new features to the latest release of its cloud ...
Apple reveals its new MacBook
Mar 13, 2015
Replacing the MacBook Air as Apple's thinnest laptop, the new MacBook comes packed with features.
Xero has released a new version of its app for the iPad
Mar 6, 2015
iPad-wielding Xero users can now take advantage of a new version of the iOS app for the cloud ...
Microsoft is offering Azure for Disaster Recovery to Australian SMBs
Feb 10, 2015
If you haven't talked to your IT provider about disaster recovery, it might be worth discussing ...
The 2015 Xero Roadshow is on: here are the locations and dates
Feb 6, 2015
The 2015 Xero Roadshow kicked off this week - see where you can attend at locations around ...
Latest Comments
Polls
Do you support the Government's data retention scheme?

   |   View results
Yes
  8%
 
No
  92%
TOTAL VOTES: 1189

Vote