Tag Archives | iinet

ISPs: Be careful what you say to media about copyright case

By on 5 September 2009 in copyright, iiNet Case

secretOnline tech magazine IT News could have inadvertently lured ISPs into legal disaster with a recent article on copyright issues. 

By publishing broadband provider comments about legal advice they may have obtained, the mag could have led them to waive the right to keep the details secret.

It’s vital for CSPs to understand the risk they may create if they publicly refer to legal advice they have received.

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iiNet and AFACT both claim ‘win’ in preliminary discovery issues

By on 16 June 2009 in iiNet Case

204799_filesWe previously reported iiNet’s request for AFACT to give it access to various documents relating to the film studios’ potential actions against other ISPs in Australia and overseas.

Yesterday, the Federal Court largely rejected iiNet’s request, limiting the scope of the documents to be produced by AFACT to certain categories  relating to local infringement investigations.

At the same time, the Court ordered that iiNet discover the details of 20 anonymous customer accounts, well short of the 300 to 400 accounts reportedly sought by AFACT.

Both sides were quick to claim a minor victory – AFACT saying 20 accounts is sufficient for them to prove their case and iiNet saying they have effectively got the documents they asked for.

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iiNet copyright trial booked in for October. ‘Can we talk about it ?’ asks iiNet.

By on 6 February 2009 in copyright, iiNet Case

1099457_ciakIn the Federal Court in Sydney this morning, Justice Cowdroy booked at least 14 court hearing days starting on 6 October 2009 for the full trial of the iiNet copyright case.

View today’s court orders.

Trial dates can be moved for a variety of reasons, but the judge has previously indicated an intention to get the case resolved promptly.

There will also be a Directions Hearing on 29 July to deal with any further matters that are required before trial. 

In the meantime, iiNet has approached the copyright owners with a suggestion that they sit around a table with a mediator and attempt to negotiate an outcome.  We’re not surprised that the company’s gung ho attitude to a court battle has softened.  The copyright owners have said they’ll think about it, but won’t agree to anything that delays the formal trial.

More information and expert analysis to follow.

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AFACT v iiNet court documents online

By on 14 December 2008 in iiNet Case

Debate about the landmark copyright litigation rages on, and it seems thousands have opinions – many of them grounded in rather offbeat idea of the facts.

As a service to the debate, CSP Central has launched a ‘just facts’ page.  No commentary.  No analysis.  Just facts.  Bookmark it for access to a growing library of reliable information about the case and copyright law.

We’ve begun by posting the applicants’ court documents, and explaining what an ‘applicant’ is.

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iiNet case: Court document reveals investigator sting

By on 24 November 2008 in iiNet Case

A private investigator who spent 15 months as an iiNet customer provides key evidence for last week’s copyright infringement action against the Perth-based ISP.

Some are calling it ‘entrapment’ but the tactic of gathering evidence by signing up as a paying customer is legal in Australia.

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Lawyers release copyright Safe Harbour kit

By on 24 November 2008 in iiNet Case

News of legal action against ISP iiNet for alleged copyright breach has provoked every reaction from ‘What nonsense!’ to ‘The sky is falling!’

Of course, everyone is entitled to their own opinion – including the army of ‘bush lawyers’ on Whirlpool.

But that doesn’t change the fact that a prudent ISP needs to understand how to bring itself inside the copyright ‘safe harbour’ rules.

Lawyers Logie-Smith Lanyon have provided a solution with their ISP Copyright Safe Harbour Kit, a detailed info-pack that’s essential reading for every Australian ISP.  Download contents and sample pages.

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iiNet case: The three legal questions that matter

By on 23 November 2008 in iiNet Case

The internet is awash with comment on the copyright infringement action by Village Roadshow and others against iiNet.

When all is said and done, the court has to decide three legal questions.

In this article, CSP Central helps you to focus on the real issues.

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Film heavyweights sue iiNet for copyright infringement

By on 20 November 2008 in General

Breaking News: A host of major film studios and Channel 7 have today launched legal proceedings in the Federal Court against iiNet alleging copyright infringement.

The studios are claiming that iiNet infringed copyright by not stopping iiNet customers from using BitTorrent to infringe the studios’ copyright in their respective films.

Under Australian law, a person can be liable for infringement if he or she ‘authorises’ another person to infringe copyright.

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iiNet gets its CSG waiver wrong

By on 12 July 2008 in CSG, How not to do it

Even though a customer has pointed out a clear defect in iiNet’s form of CSG waiver, the company hasn’t realised its waiver is probably invalid.

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