Why ISPs can't afford to let iiNet lose the piracy lawsuit

Alex Zaharov-Reutt
Sunday, 23 November 2008 05:52

IT Industry - Strategy

EFA spokesperson Suzor also expressed concern that the approach taken by the movie industry will unjustly punish users without due process: "To shift the burden of proof, and require that ISPs terminate access to users upon mere allegations of infringement, would be incredibly harmful to individual internet users in Australia.

“With the mistakes we have seen in the past overseas, where innocent users have been mercilessly and incorrectly targeted by copyright owners, a regime which requires disconnection without proof goes against all notions of fairness."

The EFA says it is highly concerned that ISPs are being asked to violate the privacy of internet users by spying on their online activities, that eroding the utility of Australia’s safe harbour provisions “would be extremely stifling to internet innovation and new technology in this country” and that their weakening “is likely to have disastrous effects for Australian internet users” – and while the EFA doesn’t explicitly say, it would set back the growth of broadband in Australia by years.

Although the EFA wishes iiNet luck in fighting this lawsuit to defend the rights of all Australian Internet users, it seems clear that iiNet’s competitors cannot afford to let iiNet lose the piracy lawsuit, for a case won against iiNet is a case won against all ISPs.

Now is the time for ISPs to band together to help iiNet, for any ISP that fails to do effectively broadcasts to all Australians that they’re happy to become online policemen and change the nature of the Internet, forever.

Also - where is the Internet Industry Association (IIA) on this issue? I’ve heard its chief executive, Peter Coroneos, speak on radio about the lawsuit, but there are no statements about iiNet and AFACT or the IIA’s position on its website as of this article being published online. Surely the IIA's position needs to be stated on its website urgently - will the IIA issue a call to arms for ISPs to support iiNet in its battle against AFACT?

Here are links to more information on the case:

LawFont.com’s analysis outlining “the case against iiNet”.

AFACT’s Press release about the lawsuit.

iiNet Press release about the lawsuit.

Limitations on remedies for copyright infringement against carriage service providers - Fact sheet.

Printer accused of copyright infringement: Tracking the Trackers, University of Washington.

'Dancing Baby ' video accused of infringing copyright.

Naturally, neither I, nor iTWire, condones piracy by users, ISPs or anyone else.