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Business News Legal
Ruling fast-tracked in interesting Aussie ISP liability case
By CMU Editorial | Published on Friday 29 January 2010
Australia’s Federal Court is expected to fast-track a decision in an interesting and previously reported legal case involving a consortium of film and TV companies and Aussie ISP iiNet.
The case centres on an ISPs liability for any illegal file-sharing committed by its customers. It’s interesting because, while the content industries in a number of countries, including the UK, are lobbying for new laws that clarify a net firm’s liabilities in this domain (ie by forcing them to operate a three-strikes system), it’s less common for said content industries to sue an internet provider over the issue (though there are parallels here to a 2008 action taken by the record companies against Eircom in Ireland, though that case was settled out of court).
In the Aussie case, claimants AFACT (that’s the Australian Federation Against Copyright Theft) and iiNet both presented their arguments in court last October. A ruling on the matter, however, was not expected until later this year, however it was announced yesterday a judgment will now be made next Thursday. AFACT are suing for damages, and want iiNet to be forced to disconnect any customers it knows are illegally sharing music online.
Following the court hearings last Autumn, iiNet’s CEO Michael Malone told reporters he was confident his company would win the case, saying: “We do not, and never have supported, encouraged or authorised illegal sharing or downloading of files in breach of the copyright laws”.
If AFACT win the case, it would essentially make three-strikes law in Australia through legal precedent rather than new legislation. Though if that were to happen it seems likely the country’s government would instigate a review of copyright rules, and if necessary formalise the three-strikes system (possibly reducing the penalty for file-sharers from disconnection to suspension, akin to the three-strike proposals here in the UK). Even if iiNet win, it is likely the government will give some time to reviewing copyright rules, which might result in a three-strikes system being introduced.
