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Australian ISP Wins Case Against Movie Studios
trawg writes "The Australian High Court has just dismissed an appeal by Australian and American media companies against ISP iiNet, in what will hopefully be the final step in an ongoing copyright lawsuit drama. The Court noted that 'iiNet had no direct technical power to prevent its customers from using the BitTorrent system to infringe copyright.' Ultimately, the court has held that iiNet's inactivity to act on infringement notices didn't imply any sort of authorization of that infringement by their customers. Good news for Australians as a clear line has been drawn that will help ensure ISPs don't have to bear the cost of policing their customers."
C'mon, surely this can't be true? Stuff like this *never* happens. This demonstrates a clear failure of the studio's lawyering and lobbying. They need to find more lawyers immediately and seriously up their game. If this sort of common sense is allowed to take hold, who knows what may happen.
As an Australian, this is a big relief. iiNet are actually a pretty good ISP too: great network, good service, reasonable prices.
The trouble is, when the courts smack down the media companies, the government steps in with new legislation, since they are in the back pocket of the media companies. Stephen Conroy, Labor's communication minister has already signalled that when iiNet loses, he's going to do just that.
I'm gladdened that the courts saw the logical fallacy of allowing one corporation legal rights to force another corporation to lose profits through direct cost or degradation of service based on a failure to adapt to market changes.
While i agree there is value being lost through piracy it just seems the courts were the easier path to take instead of adaptation and new delivery methods. That might require some planning and work after all.
I'm in 100% agreement with Gabe Newell from Valve that piracy is largely a service problem.
But since these fellows at the RIAA and the MPAA seem hell bent on using the copyright laws like a club to beat the ISPs and potential customers over the head with in order to get their way, will anything change?
Here's the Judgement Summary: http://www.hcourt.gov.au/assets/publications/judgment-summaries/2012/hcasum16_2012_04_20_iiNet.pdf
Here's the full Judgement: http://www.austlii.edu.au/au/cases/cth/HCA/2012/16.html
In the full judgement, the Justices systematically (and unanimously!) take apart the assertion that iiNet had "authorised" infringement just because they refused to kowtow to demands that they police their users for the copyright lobby. They point out that it's not appropriate (or legal) for an ISP to monitor or police their users' private traffic at the demand of another private entity.
Further, they held that the notices of infringement (aka shakedown letters that most ISPs meekly pass along) "did not provide iiNet with a reasonable basis for sending warning notices to individual customers containing threats to suspend or terminate those customers' accounts".
And at the very end, after the Justices explicitly provide some useful closing of loopholes by carefully passing over the legislation and common law cited by the copyright lobby... they order said lobby to pay all iiNet's costs.
Glorious.
The two main courses now of action seem to be: the media companies start offering media in a reasonable format in a reasonable timeframe at a reasonable price, or they lobby government and pursue backroom deals. The first is supported by many and has been proven to work fairly well with PC games by Valve with Steam, and iiNet has said it would be happy to help with this. The second however is much more in character, despite having been proven fairly well to not work.
Also, very glad to see that the High court awarded costs in iiNet's favour - translation, the MAFIAA have to pay all of iiNet's lawyers bill!!!
... wait, what?
Good. The copyright cartels are like negligent parents: they think all the rest of society should bear their responsibility for them.
Can't be bothered to be involved in your kids' life and pay attention to what they watch and what games they play? No problem! Just censor everything! Can't be bothered to do your own discovery and catch your own filesharers? No problem! Just offload the task to the ISPs without compensating them!
Tired, tired, TIRED of this bullshit. About damned time a court had some sense. Guess the MAFIAA didn't bribe^H donate to the right politicians this time?
And a loud roar came forth across all the land, in a voice strangely reminiscent of one Darryl Kerrigan:
Hey. Bad luck. [pause] Ya dickhead. Suffer in your jocks!
Also, very glad to see that the High court awarded costs in iiNet's favour - translation, the MAFIAA have to pay all of iiNet's lawyers bill
It is the default in Australia that a losing party will be ordered to pay the winning party's inter-party costs. It helps to inhibit frivolous litigation.
While I'm sure studios don't mind that much. They are playing a bigger game than just this case. The certainty means that any lobbying for change of law cannot be stifled by claims that the current law is adequate (for what they want). So whereas law makers could have said there was no need to change the law to achieve what the studios want, the certainty of the High Court ruling shows that the current law does not allow them to easily pursue the ISP. So expect pressure on the federal government for a law change.
There's a whole slew of ideas that were once considered so important they were taken for granted but have fallen out so thoroughly that people today barely even think of them at all.
For instance, thirty years ago there was a consensus that one company shouldn't control huge swaths of the media. It was understood that even the appearance of the conflict of interest was not to be tolerated.
You'll get blank stares these days if you bring them up.
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