iiNet wins! Film industry's case torn to shreds

 

iiNet wins. Case dismissed. AFACT to pay.

View larger image View larger image View larger image

See all pictures here »

The Federal Court of Australia has dismissed the film industry's case against iiNet, finding that Australia's No.3 internet provider did not authorise copyright infringement on its network.

The Australian Federation Against Copyright Theft representing the film industry, has been ordered to pay iiNet's costs. iiNet chief executive Michael Malone estimated that these costs add up to around $4 million.

"I find that iiNet simply can't be seen as approving infringement," said Justice Cowdroy.

Summarising a 200 page judgement, Justice Cowdroy found iiNet users had infringed copyright by downloading films on BitTorrent, but he found that the number of infringers was far less than alleged by AFACT.

More importantly, Justice Cowdroy said that the "mere provision of access to internet is not the means to infringement".

"Copyright infringement occured as result of use of BitTorrent, not the Internet," he said. "iiNet has no control over BitTorrent system and not responsible for BitTorrent system."

The fact worldwide piracy was rife "does not necessitate or compel a finding of authorisation, just because it is felt there is something that must be done", he said.

And he found that iiNet was "entitled to safe harbour" provisions because it had a policy on infringement, even if its policy didn't stand up to AFACT's standards.

iiNet CEO Michael Malone told iTnews he was "relieved".

"We are delighted with the result and largely just relieved that it is over," he said. "We welcome the outcome. We said from the beginning we did not believe we ever authorised copyright."

Malone said the case proved that AFACT's approach had "wasted a year" and not been constructive. He intends to now attempt to negotiate with film studios and other rights holders [video] to sell their content legitimately through the ISP's "freezone".

AFACT executive director Neil Gane said outside the court that the film industry is "very disappointed" with the judgement [see video]. He said the Federal Government cannot stand by and watch Australians infringe copyright "unabated".

"AFACT will spend the next few days deciding whether to appeal," he said. 

For live updates and comment click here: iiTrial: Judgement Day (live coverage).

 


 
 
 
Top Stories
Turnbull introduces data retention legislation
Still no definition of metadata to be stored.
 
Images: the next frontier in data analytics?
Barclay’s global data chief says we’re still at the starting line.
 
Crime Commission prepares core systems overhaul
Will replace 30 year-old national criminal database.
 
 
Sign up to receive iTnews email bulletins
   FOLLOW US...
Latest articles on BIT Latest Articles from BIT
Do you direct debit customers? Read this
Oct 10, 2014
Authorities have been targeting direct debit practices with iiNet and Dodo receiving formal ...
Optus expands 4G coverage
Oct 10, 2014
If you rely on an Optus phone for work you might be interested to know that there are now 200 ...
Microsoft Office is now free for some charities
Oct 10, 2014
Microsoft has announced that eligible Australian non-profit organisations and charities can now ...
Vodafone lights up 4G in Adelaide
Oct 9, 2014
Live and work in Adelaide? Vodafone has switched on its 4G network in the city and suburbs.
Next year tradies will be able to take payments using ingogo
Oct 3, 2014
Ingogo is going to provide a card payment service for Xero users.
Latest Comments
Polls
In which area is your IT shop hiring the most staff?




   |   View results
IT security and risk
  27%
 
Sourcing and strategy
  12%
 
IT infrastructure (servers, storage, networking)
  21%
 
End user computing (desktops, mobiles, apps)
  14%
 
Software development
  26%
TOTAL VOTES: 431

Vote
Would your InfoSec team be prepared to share threat data with the Australian Government?

   |   View results
Yes
  54%
 
No
  46%
TOTAL VOTES: 206

Vote