The Government has offered Australia's three mobile operators, and vividwireless, renewal of their existing spectrum allocated on 15 year licences in the late 90s and early 2000s at set prices, while the Government expects to rake in $3 billion.
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David Heath
Thursday, 25 February 2010 14:04
As expected, AFACT has lodged an appeal to the recent judgment in the iiNet anti-piracy case.
As expected, the AFACT consortium has lodged an appeal in the Federal Court; challenging Justice Cowdroy's decision that iiNet had not authorised the illegal downloading of copyrighted material.
The civil action before Justice Cowdroy did not dispute the suggestion that iiNet subscribers were indeed downloading a variety of copyright-infringing material.
However, what was in dispute was the suggestion that by providing an Internet carriage service, iiNet was authorising the downloads and thus was effectively complicit in the copyright breach and bound to stop it.
Justice Cowdroy disagreed and found in favour of iiNet.
Many commenters to discussion of the ruling suggested that this meant "open slather" for the downloaders, but that certainly isn't the case. It simply meant that copyright holders would have to be their own protectors, not reliant upon the ISPs to protect the copyright holders' rights.
Indeed, Justice Cowdroy made it very clear in his judgement that it was not in iiNet's interest to encourage major downloaders as they were a heavy cost to the business. The most deirable client being one who purchased a high download limit but didn't make use of it.
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