[LINK] Film industry takes on iiNet

Jan Whitaker jwhit at melbpc.org.au
Fri Nov 21 10:27:15 AEDT 2008


At 10:13 AM 21/11/2008, Rick Welykochy wrote:
> > 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.

Interesting that I had a chat about this very thing with a friend in 
Vic Police last night. Copyright is not a criminal offence, but a 
civil offence that takes a plaintiff to file charge, not the police. 
The police have no jurisdiction to do anything about this except in 
the case of something like selling stolen goods, but that's even a stretch.

So Mike Malone was even wrong in sending the complaint to the police. 
Neither party has it right. The only people who'll get anything out 
of this challenge are the lawyers -- Again.

Jan



Melbourne, Victoria, Australia
jwhit at janwhitaker.com
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Our truest response to the irrationality of the world is to paint or 
sing or write, for only in such response do we find truth.
~Madeline L'Engle, writer

Writing Lesson #54:
Learn to love revision. Think of it as polishing the silver for 
guests. - JW, May, 2007
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