Comments on: iiNet case: The three legal questions that matter

By: Andrew

Andrew — Thu, 27 Nov 2008 16:14:18 +0000

Surely if they expect iiNet to look at the “evidence” it could be seen as breaching the users privacy, so thus by passing it onto police would surely be the only legal thing they could do with the documents.

By: Bobby

Bobby — Tue, 25 Nov 2008 14:40:09 +0000

So, shouldn’t this guy be punished for illegally downloading and providing a mountain of evidence for doing so???

So, he did the wrong thing — and by proving he did the wrong thing and iinet not reacting, iinet also did the wrong thing??

Just because he did it to prove his point, doesn’t mean he shouldn’t be punished for downloading illegal content?!????

By: davedrastic

davedrastic — Mon, 24 Nov 2008 09:38:32 +0000

Why doesn’t someone put a poll on these pages and ask iinet users if they are copyright infringers. And then perhaps probe further. Why do you illegally download, do you think there should be punishment for your behaviour and so on.

If everyone is going to debate the legalities of this situation, wouldn’t it be fair to discuss the realities of the situation too. I don’t see any real discussion getting to the real issue at hand which is that a high proportion of Aussies think that copyright infringement is acceptable, or at least worth the risk of punishment.

By: Fred

Fred — Mon, 24 Nov 2008 08:30:40 +0000

The problem is that Copyright is automatically taking away privaledges that us as consumers should have. Its all worded for the other persons benefit. Copyright works like this “I purchase a CD with legal tender yet I dont own it so im paying to listen to music which is apparently not my property”. This whole idea is wrong. How can I buy something and not own it?

If I buy a mobile phone outright I own it and can do whatever I wish to it. These copyright laws should be changed as its all one way – not the consumers way. If we dont own the CD and pay for it, then it should be free since ownership is not transferred. This is a bit like Holden selling me a car but saying they own it as well.

The validity of the Copyright Act should be challenged as any Act that is passed based on political party lines is not legal, as our Commonwealth Constitution indicates political parties are not legal, therefore the Act is not legal, therefore iiNet cannot be held accountable.

Not all Acts are legal.

By: Fred Flintstone

Fred Flintstone — Mon, 24 Nov 2008 07:34:47 +0000

With reference to what Jimmy Hung said, the same analogy can be applied to every single person that holds a drivers license.

We all have to prove to the authorities that we are capable of driving a vehicle and that we also know the road rules.

So if I am driving on the road obeying the rules, yet someone goes speeding past me, runs a red light, etc, mean that you or I get punished for their crime. NO.

Why should an ISP who merely provides the infrastructure (roads) be penalised ?????

Surely simple logic must prevail !

By: Bigfish

Bigfish — Mon, 24 Nov 2008 05:14:30 +0000

What we need here is for iinet to immediately place itself in the hands of receivers and “cut off” ALL of its customsers. The the next ISP do the same.

It won’t take long for the howls of protest to encourage the Federal Government to review the whole thing.

After all, the only purpose of the US-Australia FTA was to protect American Big Business…

By: disillusioned

disillusioned — Mon, 24 Nov 2008 05:12:23 +0000

It’s a real shame that this most wonderful of technologies (The Internet) and it’s faster access speeds can’t be used by the local media companies as a successful means of generating revenue. They’re greedy, ignorant, slow and appear to be just not interested. If what is currently being shown on our screens to be the best local content then no wonder people go to the web to secure more “entertaining” alternatives. Get with the program guys.

By: Peter Moon

Peter Moon — Mon, 24 Nov 2008 04:49:53 +0000

I hear what Jimmy Hung is saying, but if you read the Moorhouse case, you’ll find out why the uni copiers have certain signs on them.

By: scb

scb — Mon, 24 Nov 2008 04:18:51 +0000

I can agree with you bzn, but law are not decided by you and me. They are decided by organisations that have influence with politicians and media, so that is irrelevant.

By: Jimmy Hung

Jimmy Hung — Mon, 24 Nov 2008 03:39:04 +0000

ISP’s are not responsible for the actions of their users, they merely provide a service where illegal things can happen, it happens in every day life. Hell even the university I go to right now has a photocopy machine in its library.
It’s not like it takes very little effort to download these sort of things either, usually you need a specific program, then you have to go to a specific website to download a file so you can download what you want. So this is the choice of the person who is using the internet not that of the ISP itself.