|
Content industry has setback down under |
|
|
|
Written by Nick Farrell
|
|
Thursday, 04 February 2010 10:42 |
|
Fails to turn
ISPs into pirates
The content industry has had a major loss down under as
its lawyers failed to convince a judge that an ISP was a pirate for allowing
P2P content.
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. It has also been told to pay iiNet's costs which are
believed to be $4 million.
It was a move that the content industry probably would
not have tried in an country other than Australia which is currently
sacrificing freedoms. However in a 200 page judgment, Justice Cowdroy found
while iiNet users had infringed copyright by downloading films on BitTorrent he
could not see iiNet as approving it. He also said that the number of infringers was far less
than alleged by the content industry.
He added that the "mere provision of access to
internet is not the means to infringement" "iiNet has no control over
BitTorrent system and not responsible for BitTorrent system." He decided that iiNet was "entitled to safe
harbour" provisions because it had a policy on infringement, even if its
policy didn't do what the content industry wanted.
The Aussie version of the RIAA, AFACT said it was very
disappointed with the ruling. It would decide in a few days if it will appeal.
|
