AFACT vs iiNet Ruling Could Come Next Week
Next week the Federal Court will likely deliver its ruling on the epic copyright case which concluded in November 2009 between AFACT, representing the movie industry, and Australian ISP iiNet.
Last year several movie studios including Village Roadshow, Universal Pictures, Warner Bros Entertainment, Paramount Pictures, Sony Pictures Entertainment, Twentieth Century Fox Film Corporation, Disney Enterprises, Inc. and the Seven Network (all under the umbrella of AFACT) took legal action against Aussie ISP, iiNet.
They claimed that iiNet did nothing to stop its customers from sharing their copyright media via BitTorrent. The ISP refuted the claim with a multi-layered defense, and the case was adjourned in November 2009.
It’s believed that Justice Dennis Cowdroy will deliver his judgment next week. Check out TorrentFreak for a full report.
In the meantime, those wishing to brush up on the history of the case can find our detailed coverage here, here, here, here and here.
Good luck iiNet, It’s the best ISP in Australia (in my opinion, although many would say Telstra (but telstra’s service sucks)
Then again, from what i’ve heard, it doesn’t really matter who wins here, the loser is likely to appeal the decision. Lets hope AFACT foots the court costs at least.
From a loyal iiNet Customer
GOOD LUCK iiNet beat those un-Australian AFARDS to a pulp ;) (figuratively speaking of course heh)
Aussie, Aussie, Aussie <3
IInet just won the case!
iiNet wins infringement case
The case pitted Hollywood and Australian film and television producers against Australia’s third-largest Internet provider iiNet.
The case hinges on more than 94,000 alleged infringements on the iiNet network over 59 weeks from June 2008, involving titles such as “Batman Begins” and “Dark Knight.”
A consortium of 34 Australian and US media content providers sent iiNet notifications of the infringements but say nothing was done about them.
But Justice Dennis Cowdroy found that it was “impossible” to find against iiNet for what its users did.
“It is impossible to conclude that iiNet has authorised copyright infringement … (it) did not have relevant power to prevent infringements occurring,” Justice Cowdroy said in his judgment.
The judge recommended the application be dismissed and that the consortium of studios pay the court costs.
‘Copyright cops’
Australian Internet rights groups feared the piracy court case could force Internet Service Providers (ISPs) to become “copyright cops” and cut web access to customers who make illegal downloads.
But entertainment companies, including Village Roadshow, Paramount Pictures Australia and Twentieth Century Fox International, said iiNet did not do enough to stop its customers illegally sharing movies on the net.
ISP iiNet argued it has never encouraged or authorised the illegal sharing or downloading of files in breach of copyright laws and specifically warned its users against doing so.
ISPs were under mounting pressure to regulate the activities of those who subscribe to their Internet services.
BitTorrent websites were hard to shut down while individual file-sharers were too numerous to sue, added Dawes.
BitTorrent is a technology that allows online users to share parts of a large file such as a film or song over the Internet. The parts are then stitched together on the end user’s computer to create a complete file.