http://delimiter.com.au/2010/02/04/iinet-wins-video-piracy-trial/
iiNet wins video piracy trial
Tags: afact, bittorrent, iinet, iitrial, michael malone, movie studios,
piracy
Australian ISP iiNet was today announced as the victor in its
long-running defence against a lawsuit by major film and TV studios
represented by the Australian Federation Against Copyright Theft (AFACT).
Justice Cowdroy announced the verdict to a packed courtroom in Sydney today.
The studios first dragged iiNet into the Federal Court back in November
2008, arguing that the ISP infinged copyright by failing to take
reasonable steps � including enforcing its own terms and conditions � to
prevent customers copying films and TV shows over its network.
iiNet CEO Michael Malone (pictured) was among many to take the witness
stand at the trial.
The action was filed by Village Roadshow, Universal Pictures, Warner
Bros Entertainment, Paramount Pictures, Sony Pictures Entertainment,
Twentieth Century Fox Film Corporation, Disney Enterprises and the Seven
Network (Australian licensee of some of the infringed works).
The trial has been viewed by Australia�s ISP industry as a major
landmark case to help determine how ISPs will react in future to users
using their networks to download copyrighted material. iiNet had not
been forwarding email communication from AFACT to users who AFACT had
alleged had breached copyright, whereas some other ISPs have been
complying with the request.
More information on the verdict to follow.
> More information on the verdict to follow.
There will be an appeal. If that fails then I suspect like in the US, the
movie companies will start charging the public direct.
Or they may lobby the Government to change the rules.
And then back off (as they have done in the States) because there was
such a public outcry and backlash for picking on the "little guy".
Even some courts now are imposing pittance penalties because they
believe the industry is trying to be just plain punitive, than protect
the rights of their constituents.
Huff and puff and blow.
Copyright, per se, is dead. It can no longer exist in the current
environment of electronic communication.
The industry would be better off spending their time and money looking
for ways to "go with the flow", use the technology, and still maintain
their control (admittedly, perceived control in their own eyes) over
it.
--
idgat
Compuglobalhypermeganet Inc.
I just can't see how they can held responsible for what somebody else is
stealing. Unless they spy and monitor every IP address, and what sort of
Info do they look for. Net usage allowances are now quite large, so how
do you check for unusual download usage. And then there's encryption...
To do this every ISP would need to be as Paranoid as the CIA and have an
army of people watching over another army of People.
> I just can't see how they can held responsible for what somebody else is
> stealing. Unless they spy and monitor every IP address, and what sort of
> Info do they look for. Net usage allowances are now quite large,
What are the figures for torrent and other P2P and Usenet binary data flows? Is
it a minority thing, or is it widespread across all ISPs?
If the studios have a win and people stop making torrents and other files
available, people will ratchet back their plans to something more frugal. This
will hurt the ISPs bottom line, won't it?
Of course, as one technology becomes ineffective, they'll produce something new,
no doubt.
>> I just can't see how they can held responsible for what somebody else
>> is stealing. Unless they spy and monitor every IP address, and what
>> sort of Info do they look for. Net usage allowances are now quite large,
> What are the figures for torrent and other P2P and
> Usenet binary data flows? Is it a minority thing,
Corse it is.
> or is it widespread across all ISPs?
Those arent alternatives.
> If the studios have a win and people stop making torrents and other files
> available, people will ratchet back their plans to something more frugal.
I doubt enough would to matter. Quite a few just do whats legal, most
obviously with what the TV stations have online for legal download now.
> This will hurt the ISPs bottom line, won't it?
I doubt it.
> Of course, as one technology becomes ineffective,
> they'll produce something new, no doubt.
Not necessarily. We didnt see much of that with the illegal use of free access to Pay TV.
>What are the figures for torrent and other P2P and Usenet binary data flows? Is
>it a minority thing, or is it widespread across all ISPs?
Not necessarily widespread, because some ISPs have the most piss-weak
plans and download bandwidths for the most exhorbitant costs - it's
just too expensive to run P2P/torrents/etc.
c.f. Bigpond (exhorbitant) and TPG (dirt cheap)
BPond Liberty $69.95/mnth 12Gb (Uploads and downloads counted??)
T P G Superfast Medium $59.95/mnth 130Gb (70Gb + 60Gb offpeak)
--
idgat
Compuglobalhypermeganet Inc.