Tuesday, 9 February 2010

ISPs not liable for copyright infringement

In a case brought by the AFACT (the Australian Federation Against Copyright Theft) against an ISP (iiNet) concerning illegal file-sharing acts carried out by the ISP's customers, Australia's Federal Court found that whilst iiNet had knowledge that its customers were committing copyright infringement, this did not mean that iiNet was "authorizing" the activities:

“While I find that iiNet had knowledge of infringements occurring, and did not act to stop them, such findings do not necessitate a finding of authorization. I find that iiNet did not authorize the infringements of copyright of the iiNet users”.

AFACT wanted iiNet to be forced to disconnect any customers it knew were illegally sharing music online.

The question is whether the the Australian government will now decide to follow the French three strikes policy.

Source: http://www.dmwmediacom

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