Hollywood loses court battle with ISP
The Hollywood studios have lost a landmark case against the ISP iiNet today after an eight-week trial.
The case would have impacted how Australian ISPs would have had to react to potential pirates, but the judge ruled that iiNet was not responsible for the downloading habits of any of its subscribers.
Justice Cowdroy said all the evidence showed that iiNet was simply providing Internet service for its customers, not facilitating piracy. He did conclude, however, that iiNet had knowledge of infringements occurring and did not anything to stop them, which was fine as the ISP is simply “a legitimate communication facility,” not “intended nor designed to infringe copyright.”
“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 added.
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