[LINK] Film industry takes on iiNet

Rick Welykochy rick at praxis.com.au
Fri Nov 21 10:13:09 AEDT 2008

Bernard Robertson-Dunn wrote:

> Film industry takes on iiNet
> Michael Sainsbury and Fran Foo
> November 21, 2008
> The Australian IT
> http://www.australianit.news.com.au/story/0,24897,24684487-15306,00.html


> "iiNet has an obligation under the law to take steps to prevent further 
> known copyright infringement via its network," Ms Pecotic said.

Does it? I think this might be a precedent.

> She said court proceedings are expected to last for 12 months at a 
> "substantial cost" and refused to rule out future action against other 
> ISPs, including Telstra and Optus.

And what remedy, beyond prosecution of what is essentially a tort
under the criminal law, would they propose the carriers to do?

> Ms Pecotic brushed aside Mr Malone's explanation, saying: "The law is 
> clear and iiNet knows that. They cannot pass the buck ... it is their 
> responsibility.

The buck being passed is by the film industries. It is they're responsibility
to enforce their copyright. Not data carriers. And certainly not our
public infrastructure, i.e. law enforcement. I maintain that this is
a tort, not a crime.

> "It is unfortunate that the rights holders are targeting an ISP because 
> under Australian law, internet service providers may generally be 
> considered conduits which provide carriage services, and as such are not 
> responsible for copyright infringements carried out by customers using 
> their internet services,'' the spokesperson said.


cheers rickw

Rick Welykochy || Praxis Services

Tis the dream of each programmer before his life is done,
To write three lines of APL and make the damn thing run.

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