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iiNet wins! Film industry’s case torn to shreds

Posted on February 4th, 2010 at 7:59 by John Sinteur in category: Intellectual Property -- Write a comment

[Quote:]

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.

The Australian Federation Against Copyright Theft representing the film industry, has been ordered to pay iiNet’s costs. iiNet chief executive Michael Malone estimated that these costs add up to around $4 million.

[..]

More importantly, Justice Cowdroy said that the “mere provision of access to internet is not the means to infringement”.

“Copyright infringement occured as result of use of BitTorrent, not the Internet,” he said. “iiNet has no control over BitTorrent system and not responsible for BitTorrent system.”

The fact worldwide piracy was rife “does not necessitate or compel a finding of authorisation, just because it is felt there is something that must be done”, he said.

Best quote from the full ruling:

The law recognises no positive obligation on any person to protect the copyright of another.

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