IT Admin: No Time to Save Time?
[ad] Do you spend too much time patching machines or cleaning up after virus attacks? With automation controlled from a central IT management console accessible anytime, anywhere – you can save time for bigger tasks. Try simple IT management from GFI Cloud and start saving time today!
Free Forrester analysis of CRM solutions
[ad] In this 25 page report, independent analyst house Forrester evaluates 18 significant products in the customer relationship management space from a broad range of vendors, detailing its findings on how CRM suites measure up and plotting where they stand in relation to each other. Download it for free now.
Great articles on other sites
- MelbourneIT stores domain passwords in cleartext
- eGov AU: Are you prepared for Australia's new privacy law?
- NBN Co plans retaliation for TPG fibre project
- KPMG’s Alder and AIMIA’s Butterworth form digital agency
- IBM’s Australian MD says more job cuts likely
- Vodafone takes fight to Telstra over regional mobile funding
- Police race to roll out tablets before state rivals
- Vandals break Basslink fibre cable
- WA Sport CIO looks forward to life without data centres
- Labor attempts to force NBN fibre rollout in Tasmania
Featured, News - Written by Renai LeMay on Thursday, February 4, 2010 10:41 - 13 Comments
Judge: iiNet did not authorise infringement
Justice Cowdroy today handed iiNet a sound victory in the Australian ISP’s long-running battle against a coalition of film and television studios, finding that iiNet did not authorise copyright infringement carried out by its customers.
The studios first dragged iiNet (and its chief executive Michael Malone, pictured) into the Federal Court back in November 2008, arguing that the ISP infringed 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.
However, in a packed courtroom in Sydney today, Justice Cowdroy said he found that iiNet did not authorise the infringement of the studios’ copyright.
“The mere provision of access to the internet is not an authorisation of infringement,” he said.
Cowdroy made it clear that the means of infringing the studios’ copyright was the use by iiNet customers of the BitTorrent file-sharing system. “iiNet has no control over BitTorrent,” he said.
The judge added that the notification scheme proposed by the studios and their representative, the Australian Federation Against Copyright Theft (AFACT) for ISPs to notify their customers of a breach of copyright and take action such as suspending or terminating their accounts was not a reasonable process.
While the judge noted that his reasons for making the finding were “complicated and lengthy”, they hinged on the idea that iiNet had done no more than provide an internet service to its users.
This differed from the previous Kazaa case, Cowdroy said, in that the Kazaa organisation was encouraging its users to breach copyright.
Cowdroy noted separately that the Telecommunications Act would not have prevented iiNet from acting on the AFACT notices of infringement, as iiNet had claimed. However, he noted that this fact did not end up being relevant to the case as iiNet did not authorise a breach of copyright.
Similarly, Cowdroy noted iiNet did have a repeat infringer policy for its customers, and would have been entitled to shelter under the ‘safe harbour’ provisions of the Copyright Act. However, similarly as iiNet did not authorise the infringement of copyright, this was not revelant to the case.
Ultimately, Cowdroy concluded that there was enough evidence to show widespread copyright infringement occurring “worldwide”. However, he said this cannot necessitate or compel a finding of authorisation of infringement of copyright in the case, and said the infringements of copyright were “significantly” less than AFACT had alleged.
The justice also found that when ISP customers used BitTorrent to download copyrighted material, they were making one copy only of the material. In addition, he pointed out BitTorrent itself could be used for legitimate purposes.
Cowdroy ordered that the studios’ application be dismissed and that they pay iiNet’s legal costs.
Image credit: iiNet
Enterprise IT, News - Mar 12, 2014 16:18 - 1 Comment
More In Enterprise IT
- Victoria Police takes first step to address IT failures
- NSW to outsource ServiceFirst functions
- Comcare goes cloud for DR
- After 16 years, ANAO picks Unisys again for IT
- Vendors poach another Qld central Govt CIO
News, Telecommunications - Mar 12, 2014 16:55 - 11 Comments
More In Telecommunications
- ‘Severe impact’: Rival FTTB plans worry NBN Co
- ISPs, consumers sign up for NBN Co’s FTTB pilot
- NZ Govt rejects Turnbull’s HFC cable approach
- Coalition front bench “technically illiterate”, says Ludlam
- Why no consumer voices for Turnbull’s ministerial council?
Blog, Industry - Mar 6, 2014 11:55 - 19 Comments
More In Industry
- Hyde quit NEC to run HP’s Enterprise division
- Connecting to Australia’s first digital technology curriculum
- IBM Australia to reportedly slash 500 staff
- UNSW, GoGet working on self-driving car
- Optus, AAPT lose CEOs; Huawei Australia gains one
Blog, Digital Rights, Politics - Mar 12, 2014 16:32 - 15 Comments
More In Digital Rights
- Telstra pays tiddlywinks for huge privacy breach
- Pirate Party crowdfunds $10k for WA Senate
- Virgin wants in on Australian IPTV scene
- Telstra publishes four page “transparency” report
- First-time Labor MP backs fair use copyright reform