Home Policy Regulation AFACT loses High Court copyright appeal: calls for legislative change
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AFACT has called for legislative change after the High Court unanimously dismissed its appeal against the NSW Federal Court ruling that iiNet did not authorise copyright infringement when its Internet customers downloaded pirated movies.

AFACT said: "Today's decision by the High Court exposes the failure of copyright law to keep pace with the online environment and the need for Government to act."

AFACT CEO, Neil Gane said: "We are confident the Government would not want copyright infringement to go on unabated across Australian networks especially with the rollout of the NBN."

He claimd that the Australian Government was dragging its heels on legislation, and suggested that - not withstanding the absence of legislation - ISPs should take some initiative.

"In the three years since the case commenced, legislators, regulators and courts around the world have mandated that ISPs must play a central role in preventing online copyright theft. Fortunately, many ISPs have come to the conclusion that being involved in online copyright protection is in their commercial interests. ISPs are becoming increasingly dependent on monetising legal content and therefore protecting its value."

The High Court found that iiNet had no direct technical power to prevent its customers from using the BitTorrent system to infringe copyright by downloading movies, and that all iiNet could do was to terminate an offending customer's Internet access service. iiNet was awarded costs. iiNet said: "Legal costs of the case to date are approximately $9 million and have already been expensed. A portion of costs will be recovered."

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Stuart Corner

 

Tracking the telecoms industry since 1989, Stuart has been awarded Journalist Of The Year by the Australian Telecommunications Users Group (twice) and by the Service Providers Action Network. In 2010 he received the 'Kester' lifetime achievement award in the Consensus IT Writers Awards and was made a Lifetime Member of the Telecommunications Society of Australia. He was born in the UK, came to Australia in 1980 and has been here ever since.

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