Aus ISP vs AFACT (Australian Federation Against Copyright): ISP wins

[Plasma]

The Australian Federal Court has ruled today that iiNet (3rd largest ISP in Australia) did not authorise copyright infringement.

Cliffs:

BW, iTnews: Justice found iiNet did not authorise ciopyright infringement!

BW, iTnews: great news
"the mere provision of access to internet is not the means to infringement"

BW, iTnews: "iinet has no control over bittorrent system and not responsible for bittorrent system."

BW, iTnews:
The fact there is worldwide piracy "does not necessitate or compel a finding of authorisation, just because it is felt there is something that must be done.

While I find that iiNet had knowledge of infringements occurring, and did not act to stop them, such findings do not necessitate a finding of authorisation. I find that iiNet did not authorise the infringements of copyright of the iiNet users

...

The result of this proceeding will disappoint the applicants. The evidence establishes that copyright infringement of the applicants’ films is occurring on a large scale, and I infer that such infringements are occurring worldwide. However, such fact does not necessitate or compel, and can never necessitate or compel, a finding of authorisation, merely because it is felt that ‘something must be done’ to stop the infringements. An ISP such as iiNet provides a legitimate communication facility which is neither intended nor designed to infringe copyright. It is only by means of the application of the BitTorrent system that copyright infringements are enabled, although it must be recognised that the BitTorrent system can be used for legitimate purposes as well. iiNet is not responsible if an iiNet user chooses to make use of that system to bring about copyright infringement.

Awesome result, this will probably have an impact on future dealings with the record industry that try to circumvent the law process entirely to attack users when they have only been accused.

Source: Roadshow Films Pty Ltd v iiNet Limited (includes summary) (No. 3) [2010] FCA 24 (4 February 2010)

 

[Teratos]

1

 

[Teratos]

Outside of the poor English, that sounds pretty good.

 

[Beren]

as an iinet customer i am pround and happy about the result.... but please bloody please stop over loading my exchange with so many people, my speed sucks these days.