iiNet slays Hollywood in landmark piracy case
ASHER MOSES February 04, 2010
The giants of the film industry have lost their case against ISP iiNet in a landmark judgement handed down in the Federal Court today.
The decision had the potential to profoundly impact internet users and the internet industry as it sets a legal precedent surrounding how much ISPs are required to do to prevent customers from downloading movies and other content illegally.
But after an on-and-off eight week trial that examined whether iiNet authorised customers to download pirated movies, Justice Dennis Cowdroy found that the ISP was not liable for the downloading habits of its customers.
In a summary of his 200-page judgment read out in court this morning, Justice Cowdroy said the evidence established that iiNet had done no more than to provide an internet service to its users. He found that while iiNet had knowledge of infringements occurring and did not act to stop them, such findings did not necessitate a finding of authorisation.
He said an ISP such as iiNet provides a legitimate communication facility which is neither intended nor designed to infringe copyright. He said it was only by means of the application of the BitTorrent system that copyright infringements were enabled, but iiNet had no control over this system.
"iiNet is not responsible if an iiNet user uses that system to bring about copyright infringement ... the law recognises no positive obligation on any person to protect the copyright of another," Justice Cowdroy said.