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Friday, 20 April 2012 10:31

Victory for iiNet - AFACT High Court copyright appeal dismissed

By
The High Court has unanimously dismissed the appeal by film and TV companies against the NSW Federal Court ruling that iiNet did not authorise copyright infringement when its Internet customers downloaded pirated movies.

The 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.

The Court also found that the information contained in notices provided to iiNet by the Australian Federation Against Copyright Theft (AFACT) did not provide iiNet with a reasonable basis for sending warning notices to individual customers threatening to terminate those customers accounts.

For these reasons, the Court held that it could not be inferred from iiNet's inactivity after receiving the AFACT notices that it had authorised any act of infringement of copyright in the appellants' films by its customers.

The High Court's full judgement is available here.

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