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iiNet NOT liable

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Feb. 4th, 2010 | 07:36 am

iiNet slays Hollywood in landmark piracy case.

This is to say, Hollywood, go fuck yourselves.

Will have more to say as I find out more information.

In a summary of his 200-page judgment read out in court this morning, Justice Cowdroy said the evidence established that iiNet had done no more than to provide an internet service to its users. He found that while iiNet had knowledge of infringements occurring and did not act to stop them, such findings did not necessitate a finding of authorisation.

He said an ISP such as iiNet provides a legitimate communication facility which is neither intended nor designed to infringe copyright. He said it was only by means of the application of the BitTorrent system that copyright infringements were enabled, but iiNet had no control over this system.

"iiNet is not responsible if an iiNet user uses that system to bring about copyright infringement ... the law recognises no positive obligation on any person to protect the copyright of another," Justice Cowdroy said.

Justice Cowdroy remarked that the case had attracted widespread interest both in Australia and abroad. It was the first Australian trial to be covered on Twitter and the first trial of its kind in the world to proceed to hearing and judgment.


Justice Dennis Cowdroy sounds pretty fricking awesome!!!

ETA: "The judge ordered the studios to pay the court costs." - source.

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Comments {7}

Leareth

(no subject)

from: _leareth
date: Feb. 3rd, 2010 08:51 pm (UTC)
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Since the lawyers network around Sydney is awesome, I have a summary of the judgement now sitting in front of me to read instead of working XD

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witty, somehow

(no subject)

from: naanima
date: Feb. 3rd, 2010 08:57 pm (UTC)
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AWESOME!

SHARE! But I must rush off to work now!

BYA!!

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Leareth

(no subject)

from: _leareth
date: Feb. 3rd, 2010 09:18 pm (UTC)
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FULL TEXT OF DECISION IS HERE:

http://www.austlii.edu.au/au/cases/cth/FCA/2010/24.html

Warning: it's 636 paragraphs over some 200 pages, which in lawyer terms means it's on the "oh god going to need a LOT of coffee and highlighters and time for this one" list.

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witty, somehow

(no subject)

from: naanima
date: Feb. 4th, 2010 08:50 pm (UTC)
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THANK YOU!

Slowly going through it.

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Leareth

(no subject)

from: _leareth
date: Feb. 5th, 2010 05:08 am (UTC)
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Has the case eaten your brain yet?

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personality disorder

(no subject)

from: perseid
date: Feb. 3rd, 2010 11:32 pm (UTC)
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Justice Dennis Cowdroy sounds pretty fricking awesome!!!

hear, hear!

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Leareth

(no subject)

from: _leareth
date: Feb. 4th, 2010 12:01 am (UTC)
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He dryly commented in court that the proceeding has attracted so much interest not just in Australia but abroad that he had approved the entire trial to be twittered or tweeted, which seems rather appropriate for a copyright trial involving the internet.

Everyone in very crowded court laughed at that one XD

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