• Enjoy the freedom to innovate and grow your business


    [ad] With Microsoft Azure you have hybrid cloud flexibility, allowing your platform to span your cloud and on premise data centre. Learn more at microsoftcloud.com.

  • 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
  • RSS Great articles on other sites


  • Reader giveaway: Google Nexus 5


    We’re big fans of Google’s Nexus line-up in general at Delimiter towers. Nexus 4, Nexus 7, Nexus 10 … we love pretty much anything Nexus. Because of this we've kicked off a new competition to give away one of Google’s new Nexus 5 smartphones to a lucky reader. Click here to enter.

  • Featured, News - Written by 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

    submit to reddit

    13 Comments

    You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

    1. [...] 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 using the BitTorrent file-sharing platform. [...]

    2. [...] 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 using the BitTorrent file-sharing platform. [...]

    3. l33chr
      Posted 06/02/2010 at 2:32 am | Permalink |

      Obvious outcome really, imagine if we started holding liquor stores liable for peoples abuse of alcohol?

    4. [...] is because it’s Thursday the 4th of February, 2010. Last Thursday. The day Malone and his team won a landmark BitTorrent piracy case in Australia’s Federal Court against a huge coalition of film and television [...]

    5. [...] film and television studios for illicitly downloading their content via BitTorrent. By the time Australia’s court system finally made up its mind what ISPs should do about the problem (the Federal Government still hasn’t), the issue has [...]

    6. Vanessa Deagan
      Posted 31/03/2010 at 3:08 am | Permalink |

      I’m proud to be an Australian. Common sense has prevailed. Let’s hope our friends over in the UK have a fighting chance against the Digital Economy Bill (and it being pushed into legislation using the undemocratic “wash-up” process) and the up and coming (and secretive) ACTA trade agreement (Anti Counterfeit Trade Agreement).

      I for one do not want to see AFTA and the media giants/copyright holders bring the gate-keepers of the Internet – deciding who can and cannot use it.

    7. By Delimiter – iiNet wins video piracy trial on 04/02/2010 at 10:48 am

      [...] Update: A comprehensive overview of the judgement can be found here. [...]

    8. [...] Cowdroy today handed iiNet a sound victory in the Australian ISP’s long-running battle against a coalition of film and television studios, [...]

    9. [...] 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 using the BitTorrent file-sharing platform. [...]

    10. By Delimiter – Conroy to examine iiTrial on 04/02/2010 at 5:12 pm

      [...] 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 using the BitTorrent file-sharing platform. [...]

    11. Deadbeat
      Posted 04/02/2010 at 10:14 pm | Permalink |

      this is great news, the dinosaurs are dying.

    12. Posted 04/02/2010 at 11:22 pm | Permalink |

      I'd be hitting them for the costs Michael!

    13. [...] I do know that after listening to Justice Cowdroy’s conclusive judgement for iiNet and reading his reasons and the ongoing follow-up commentary on why AFACT lost, I had thought the [...]




    Get our 'Best of the Week' newsletter on Fridays

    Just the most important stories, one email a week.

    Email address:


  • Most Popular Content


  • Six smart secrets for nurturing customer relationships
    [ad] Today, we are experiencing a world where behind every app, every device, and every connection, is a customer. Your customers will demand you to be where they and managing customer relationship is the key to your business’s growth. The question is where do you start? Click here to download six free whitepapers to help you connect with your customers in a whole new way.
  • Enterprise IT stories

    • WA Health told: Hire a goddamn CIO already doctor

      A state parliamentary committee has told Western Australia’s Department of Health to end four years of acting appointments and hire a permanent CIO, in the wake of news that the lack of such an executive role in the department contributed directly to the fiasco at the state’s new Fiona Stanley Hospital, much of which has revolved around poorly delivered IT systems.

    • Former whole of Qld Govt CIO Grant resigns petergrant

      High-flying IT executive Peter Grant has left his senior position in the Queensland State Government, a year after the state demoted him from the whole of government chief information officer role he had held for the second time.

    • Hills dumped $18m ERP/CRM rollout for Salesforce.com hills

      According to a blog post published by Salesforce.com today, one of Ted Pretty’s first moves upon taking up managing director role at iconic Australian brand Hills in 2012 was to halt an expensive traditional business software project and call Salesforce.com instead.

    • Dropbox opens Sydney office koalabox

      Cloud computing storage player Dropbox has announced it is opening an office in Sydney, as competition in the local enterprise cloud storage market accelerates.

    • Heartbleed, internal outages: CBA’s horror 24 hours commbankatm

      The Commonwealth Bank’s IT division has suffered something of a nightmare 24 hours, with a catastrophic internal IT outage taking down multiple systems and resulting in physical branches being offline, and the bank separately suffering public opprobrium stemming from contradictory statements it made with respect to potential vulnerabilities stemming from the Heartbleed OpenSSL bug.

    • Android in the enterprise: Three Aussie examples from Samsung androidapple

      Forget iOS and Windows. Today we present three decently sized deployments of Android in the Australian market on Samsung’s hardware, which the Korean vendor has dug up from its archives over the past several years for us after a little prompting :)

    • Businesslink cancelled Office 365 rollout cancelled

      Microsoft has been on a bit of a tear recently in Australia with its cloud-based Office 365 platform, signing up major customers such as the Queensland Government, Qantas, V8 Supercars and rental chain Mr Rental. And it’s not hard to see why, with the platform’s hybrid cloud/traditional deployment model giving customers substantial options. However, as iTNews reported last week, it hasn’t been all plain sailing for Redmond in this arena.

    • Qld Govt inks $26.5m deal for Office 365 walker

      The Queensland State Government yesterday announced it had signed a $26.5 million deal with Microsoft which will gain the state access to Microsoft’s Office 365 software and services platform. However, with the deal not covering operating system licences and not being mandatory for departments and agencies, it remains unclear what its impact will be.

    • Hospital IT booking system ‘putting lives at risk’ doctor

      A new IT booking platform at the Austin Hospital and Olivia Newton-John Cancer and Wellness Centre in Melbourne is reportedly placing the welfare of patients with serious conditions at risk.

    • Bailey quits Macquarie for non-profit COO role marc-bailey

      Long-time Macquarie University chief information officer Marc Bailey has left the educational institution to join non-profit group Intersect, which focuses on applying advanced ICT technologies to the practice of research.

  • Enterprise IT, Featured, News - Apr 16, 2014 16:49 - 1 Comment

    WA Health told: Hire a goddamn CIO already

    More In Enterprise IT


    News, Telecommunications - Apr 17, 2014 11:01 - 44 Comments

    Turnbull lies on NBN to Triple J listeners

    More In Telecommunications


    Featured, Industry, News - Apr 17, 2014 9:28 - 0 Comments

    Campaign Monitor takes US$250m from US VC

    More In Industry


    Digital Rights, News - Apr 17, 2014 12:41 - 4 Comments

    Anti-piracy lobbyist enjoys cozy email chats with AGD Secretary

    More In Digital Rights