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: Freedom to DifferiiNet copyright case update
In November I blogged that iiNet had been sued for copyright infringement by by Village Roadshow, Universal Pictures, Warner Bros, Paramount Pictures, Sony Pictures Entertainment, 20th Century Fox, Disney and the Seven Network (see here). The case moved forward during the week with iiNet filing their defence on Thursday and a preliminary hearing taking place before Justice Cowdroy on Friday:
THE court showdown between internet service provider iiNet and movie studios has been set for October 5 in the Federal Court.
AFACT alleges that despite being warned on 18 occasions over a five month period, iiNet didn't stop its customers from illegally downloading and exchanging movies and TV programs.
It is seeking a ruling that iiNet infringed copyright by virtue of not taking reasonable steps to prevent its customers from allegedly dabbling in the illegal activity.
iiNet has said it would vigorously defend itself against the lawsuit.
Entertainment industry heavyweights party to the court action include Village Roadshow, Universal Pictures, Warner Bros Entertainment, Paramount Pictures, Sony Pictures Entertainment, Disney Enterprises, Seven Network and Twentieth Century Fox, owned by News Corp, which also owns The Australian.
In the Federal Court this morning, lawyers for iiNet and AFACT agreed that the trial would last around two weeks.
Justice Dennis Cowdroy also set the next directions hearing date on July 29, as well as a series of deadlines for affidavits to be filed.
Read more here (from Australian IT). The Age has more details about iiNet's defence:
iiNet filed its defence yesterday, claiming that the Copyright Act and Safe Harbour provisions introduced with the US free trade agreement stipulated that ISPs were not liable for copyright infringement by customers.
In its defence, iiNet admitted that the movie studios held copyright to their libraries of films but was not yet ready to concede that its customers illegally downloaded them.
Regardless, it said that it would not derive commercial benefit from customers downloading films illegally and would in fact incur more costs due to the additional bandwidth used.
In court today, lawyers for the movie studios said they provided iiNet with evidence of its customers' copyright infringement yesterday. The studios hired online investigators DtecNet to intercept BitTorrent traffic and record all instances of iiNet users downloading copyrighted movies illegally.
In the face of this evidence, lawyers for the movie studios said they expected iiNet to admit that its customers had downloaded movies illegally. iiNet's lawyers said they were still reading the document but may be willing to concede that point.
Both sides agreed that the main issue in the hearing would be whether iiNet was liable for the actions of its users and whether it in effect "authorised" their copyright infringement by failing to disconnect them when notified of the infringements by the movie studios.
The Australian Federation Against Copyright Theft (AFACT) sent several letters to iiNet notifying the ISP of the infringements, however, in its defence iiNet said the notifications were "mere allegations of copyright infringement" and were forwarded to police.
"The allegations of copyright infringement in the AFACT notifications were not accompanied by sufficient information to demonstrate the veracity of the allegations," iiNet claims.
"iiNet was, and is, legally bound to continue to provide relevant iiNet Services to iiNet Subscribers under its contracts with those subscribers."
iiNet pointed out that it provided access to legal downloads of games, movies, music, radio, sports and TV content through its Freezone service. (www.iinet.net.au/freezone)
It said it "did not sanction, approve, or countenance" alleged copyright infringement by any iiNet user.
Read more here. I was interviewed about the iiNet lawsuit for ABC's Radio National PM program on Friday. You can listen to the report or read the transcript here.
Full post as published by Freedom to Differ on February 07, 2009 (boomark / email).
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