iinet vs AFACT: Final Decision

iinet vs AFACT: Final Decision

Justice Cowdroy's final decision has been revealed today in the iiNet vs AFACT (Australian Federation Against Copyright Theft) case and has found that ""It is impossible to conclude that iiNet has authorised copyright infringement" and "iiNet did not have relevant power to prevent infringements occurring,"

Village Roadshow, Universal Pictures, Warner Bros, Paramount Pictures, Sony Pictures Entertainment, 20th Century Fox, Disney and the Seven Network were represented by AFACT in this case and as usual, AFACT and the mainstream media are reporting the result as "This outcome paves the way for pirates to Download anything they like - without fear of prosecution"  In reality, there is no legal alternative to filesharing, if there was then maybe this issue would not be as grand as it currently is in Australia.

In other words OzSource Says "Offer an Alternative or Remain stuck in the past"

o3or iinet vs AFACT: Final Decision

Judge's formal orders via Twitter http://twitter.com/bengrubb

"The decision in Moorhouse, Jain, Metro, Cooper and Kazaa are each examples of cases in which the authorisers provided the means for infringement but, unlike those decisions, I find the mere provision of access to the Internet is not the means of infringement. There does not appear to be any way to infringe the applicant's copyright from the mere use of the internet. Rather, the means by which the applicant's copying is infringed is in iiNet users' use of the constituent parts of the BitTorrent system. iiNet has no control over the BitTorrent system and is not responsible for the operation of the BitTorrent system."

iiNet Press Release

We have never supported or encouraged breaches of the law, including infringement of the Copyright Act of the Telecommunications Act. Today’s judgment is a vindication of that and the allegations against us have been proven to be unfounded.
iiNet has always been, and will continue to be, a good corporate citizen and an even better copyright citizen.
From our perspective today marks the end of the matter and we will continue to get on with the business. We will continue to provide Australians with the access to fast and cheap broadband with innovative new services and products.

More in depth coverage on the ABC.

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This post was written by:

AzzX - who has written 81 posts on ozsource Australia.


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One Response to “iinet vs AFACT: Final Decision”

  1. AzzX Says:

    The full Federal Court judgment, all 636 paragraphs: http://www.austlii.edu.au/au/cases/cth/FCA/2010/24.html

    Reply


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