Home -> Law Blog Directory -> International Law Blogs -> Freedom to Differ
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
International Law
: Freedom to DifferiiNet wins at first instance: judgment now available online #iiTrial
This morning Justice Cowdroy held that iiNet did not authorise copyright infringement for three reasons. First, the copyright infringement occurred directly as a result of the BitTorrent system, not the use of the internet, and iiNet did not create or control the BitTorrent system. Second, iiNet did not have a relevant power to prevent those infringements occurring. Third, iiNet did not sanction, approve or countenance copyright infringement.
In addition to the findings on authorisation, Justice Cowdroy considered all the issues argued before him. These findings may become more important if (as almost seems inevitable), this judgment is appeal. His Honour held that:
- the Telecommunications Act would not have operated to to prohibit iiNet from acting on AFACT Notices of infringement.
- s 112E of the Copyright Act would not have operated to prevent a finding of authorisation of copyright infringement against iiNet.
- iiNet did have a repeat infringer policy which was reasonably implemented and that iiNet would therefore have been able to take advantage of the safe habour provisions in Division 2AA of Part V of the Copyright Act if it needed to do so.
Justice Cowdroy has published his reasons (all 200 odd pages of them) and you can find them online here. I will try to read the judgment this morning and maybe post some thoughts later today.
Full post as published by Freedom to Differ on February 03, 2010 (boomark / email).
Online Ticket Vendor
Buying Tickets Online That Never Arrive
Kimkins
alleging false advertising of online dieting.
Online Medication Sites
Prescription Drugs Sold Without Prescriptions
FedEx
Ground Business Model Wins Class Action in Washington
Asbestos Mesothelioma Victim Wins Appeal of $20 Million Asbestos Cancer Verdict
Asbestos Mesothelioma Victim Wins Appeal of $20 Million Asbestos Cancer Verdict
Marketing Spam
Member Source Media pays $200,000 civil penalty for deceptive online advertising.

After Court Loss, AFACT Looks to Government for Help
Australian ISP Agrees to 'Ridiculous' Net-Filter Trial to Prove 'How Stupid it Is'
AU Court Lets ISP Off the Hook Over Illegal Downloads
Ind. Decisions - More on "Valpo couple wins flooding suit judgment "
Ind. Decisions - "Valpo couple wins flooding suit judgment "
The Microsoft Judgment: Article 82 Revisited









