iiNet: 3000 pages of copyright breach notices from 1350 emails in 7 days
- 08 October, 2009 18:17
- Comments 15
iiNet has hit back in its civil case against the Australian Federation Against Copyright Theft (AFACT) at the Federal Court of Australia with a statistical retort.
In its opening arguments at the start of the case, AFACT barrister Tony Bannon SC, alleged there were 94,942 instances of iiNet customers making available online unauthorised copies of movies.
However, in his opening arguments iiNet’s barrister Richard Cobden SC hit back saying the ISP had received “over 3000 pages of notices from more than 1350 emails over a seven day period from copyright holders about allegations of breaches”.
If printed out, it would take 12 trolleys to carry them into the court, he claimed. The previous day Cobden also described AFACT’s statistics as being “artificially inflated”.
The iiNet lawyer said with such volume of notices “no one can seriously be expected to respond to all these and it was not reasonable or appropriate for iiNet to respond to such allegations of copyright breaches”.
Cobden additionally said many of the film studios that are represented by AFACT had contractual agreements with the P2P website used by many of iiNet’s customers to share files, BitTorrent.
He said many of the film studio’s logos were displayed on the BitTorrent site. He also argued industry bodies, ISPs and AFACT had been in discussions for four or five years over the issue of the sharing of copyrighted files, but AFACT had suddenly dropped out to pursue the case against iiNet.
Tomorrow, AFACT’s executive director, Neil Gane, will be the first witness in the trial after Cobden took longer than expected to finish his opening arguments.
The case, being heard by Justice Cowdroy will run for two weeks on, two weeks break and then two weeks on again. It is expected, however, to be taken to the High Court regardless of who wins this round.
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Comments
Anonymous
Isn't their executive director Adrianne Pecotic?
Teknophobe
Im an Avid reader of the iinet vs afact case and pretty much can see this case being of size and duration at the expense of the Tax payer. I feel concerned that out of a multitude of ISP's that IINET is being the target of something sinister almost to the point of Harrasment. I think software coders need to make Torrent software open and available to run on 1 port address so ISP'S all of them can block it completely. I feel all ISP's should BAN torrent usage via T&C's on application of being an end user and I also believe that this IINET CASE vs AFACT nobody will win, in this economic day and age it will cost everybody big dollars to get a resolution that will just be thrown out of court at an extreme dollar value. IINET and ALL ISP's should be put on NOTICE and if breaches are found , put the isp into Voluntery Administration and change management. The world cannot stop P2P sharing unless P2P software is outkast completely from existance.
I would kindly like to see somebody stand up and say enough is enough and their are other big offenders out their to fry..torrent usage is wide spread across all ISP's look at iprimus and internode they offer huge cap plans, why ? think about it...YES thats correct over excessive torrent and downloading users.
Thanks for letting me VENT...
Bob B
Thanks for the laugh Teknophobe,
"I feel all ISP's should BAN torrent usage via T&C's"
I download free software, a recent example would be Open Office (free, look it up).
I elected to download via torrent as it is a reliable protocol. PLUS it alleviated the burden (cost) to Sun of hosting and serving the files on a traditional http or ftp server.
Your attack on torrents is "sinister almost to the point of Harrasment". Simply banning torrents won't stop file sharing. Movies are released on private ftp servers, over IRC and via usenet long before torrents. Torrents are simply convenient, but there are dozens of other convenient protocols that pirates can turn to.
The movie companies still haven't seen the light. The internet can be a great money making tool if they would learn to embrace it rather than fear it.
adrian
nice opinion there but it will NEVER happen, to many things use P2P (and the torrent protocal mainly) to ever see that happen, Linux software, open source applications like openoffice, the ASUS driver website even uses it, world of warcraft also uses it for its patching system. your opinion is so flawed it remind me of http://www.cyberciti.biz/tips/ignorant-teacher-linux-in-education.html
Tim
To Outlaw Bittorrent due to it's potential to be used to distribute illegal files is insane. Bittorent also enjoys many perfectly legitimate uses such as listed above. In addition the worlds most popular game, World of Warcraft uses bittorrent to distribute updates.
If you want to apply a ban to bittorent then lets also apply a blanket ban to FTP/HTTP because they are also used to share files illegally (Rapidshare?). Then you have USENET News and IRC. Also lets ban MSN messenger and email as I can send a song to a friend using these.
The fact is all these technologies can be used to send files and it's up to the end users to determine what is sent. It shouldn't be the ISP's job to act on this (they should carry all content equally) and if AFACT or any other rights holder believes an end user is robbing them then take the end user to court and then the court will take action. An ISP who disconnects a customer on the back of a allegation (and that's all it is until found otherwise by a court of law) is leaving them self open to all sorts of problems.
It would be like the RTA taking your license off you because someone reported you speeding, without any independent verification of this and quite frankly if it were not true you would be quite angry.
Anonymous
I think the most useful analogy here is that of a motorway operator being taken to court because they failed to bring down the toll gates after they had been notified that some trucks, cars (and maybe even motor bikes) where entering and exiting their roadways with contraband on board.
In this fairly clear case the operator has no right, or viable way, to stop and inspect the contents of vehicles in order to enforce such a suggestion. The police would have to conduct such an operation, with approriate cause and warrants in place.
Why is there even a case?
Anonymous
The offenders are iiNet's customers not their staff.
When a company sells a product is has an obligation to provide something that is fit for purpose, it does not have an obligation to ensure that the customer uses the product legally.
Even in extreme cases like gun sales and provision of prescription drugs, the vendor has legislated checks and balances to apply in the sale process, but after that has no responsibility for the use of the product.
Anonymous
re: "Avid Reader"
You may be
re: "Avid Reader"
You may be following the case with interest, but it would appear you have zero understanding about what p2p is nor what the costs would be to place a ISP into administration (it would not be voluntery if it is forced to do it).
Former Foxtel Employee
You are missing the point. The 'investigators' didn't do the same checks on Optus & Telstra. Perhaps this is because their pay-tv companies are owned by these same Hollywood movie studios! The goal is to establish only 2 internet companies in Australia ahead of the Fed's fast broadband initiative. Then this cosy duopoly will be in charge - and charging for - of all downloads, phone, pipes - everything.
Teknophobe v2.0
Not only should p2p be banned but the internet should be banned. Also a camera should be installed into every home to make sure we do not infringe copyright like lending dvd's to friends or humming a song in the shower.
Matt Burgess
Finally, teknophobe, someone has the courage to say it. These violators must be stopped. Why, the other day I heard my flatmate singing Les Miserable in the shower. This was a crime on many levels.
Technology just enables crime. It needs to be stopped.
Anonymous
As well as all the other comments about torrent usage and other ways to download legal and illegal content; I'd like to point out the following. With my current provider I have NEVER downloaded content via illegal available methods. In the past, when I have used bittorrent I have downloaded openoffice (freeware) and using previous providers TV shows not available through legal download methods. But then I made a moral choice (to my own detriment); with my current provider I'll behave as a good citizen. With my current provider I get 20GB per month, unlimited after 8pm (actually 6pm in the west....you know which "tier 1" provider I'm talking about here) and I manage to do some pretty serious damage to the download meter with LEGAL content. I have a PS3 - I use Vidzone, Playstation Home and download game trials etc. I have a Wii - same again. I have a Beyonwiz PVR - plenty of free content available on their trial service - and it uses gigabits of download bandwidth. Then I can stream the ABC iView content from my desktop PC to my big screen too. Thankfully I'm getting this free with the unlimited downloads at night, but not so during the day. At least iinet makes iView unmetered!!! What really S*!ts me is that I've missed the following series (24, Heroes, Lost, Battlestar Galactica), because I've chosen to behave ethically and succumb to the pathetic behaviour of the content providers and FTA TV stations - and I still struggle to get the content legally (either by buying the DVD's or downloading from a legal site) even though it's been at least 12 months since some of the shows were broadcast. Why? Because those FTA stations introduced the shows at an 8:30 or 9:30 timeslot then changed them week after week because of various scheduling EXCUSES. Oh, and movies - yeah, I've signed up to the "mailorder" DVD rental crowd, but still go to the DVD hire shop because when I want to watch something, I don't want to wait 3 days. So why haven't they introduced legal movie downloads? Not because of the technology but because those very movie studios represented by AFACT are GREEDY BASTARDS who can't come up with a reasonable deal to allow it. Come on AFACT - I've done everything you've asked, behaved like a zombie consumer forking out far too many dollars and you still can't deliver. So I'll shout it to the rooftop - people of Australia, bittorrent is the easiest and most effective way to get this content, and if the dumbasses represented by AFACT won't let you buy or rent it that way, RIP THEM OFF!!!! They deserve the horrible commercial death that technology can deliver them. Trust me, I would have spent a lot more money on this content if I had been able to. Stop the excuses AND DELIVER!!!!
Anonymous
It's only safe to assume that the AFACT has absolutely no idea of australian law - and that they completely disagree with the way the country is run.
This is not good.
They don't want to follow due process to convict people for copyright theft, none of of thse are copyright breaches until proven in court.
iinet legally are not liable and if a federal court judge can't see this then i've lost faith.
i'll sum it up with, iinet don't have to do what the AFUKD do unless they manage to get a court order. Which they haven't.
Anonymous
If you purchased a gun of some sort from a legitimate gun salesman and committed are crime with that gun, who is to blame? This whole iinet court battle is the exact same thing, at the end of the day it just comes down to money.
Anonymous
This case has to be the most stupid i have ever seen. You dont see this in America were they dont have download limits or in the united kingdom or the rest of europe for that matter.
The key reason for this being that the movie industry would A never attempt to target ISP's in these regions simply because the population is so big and there are alot more tech savy people there than your average Australian, the backlash from consumers would be far to great. To me this is just a set group of companies and individuals trying to make a cheap dollar. They dont realise that you need to change your business model in this day and age, a good example of this is Apples Itunes and a range of monthly subscription sites were you pay to listen or view whatever you want for a set period of time (i found out about this when i was in sweden recently). If anything the movie industry should sue seagate and western digital or anyone who manufactures media players because clearly they give you the need to want music movies and games etc, and the ability to infrige. its not like ISP post links on their site on were to download this stuff and what programs to use. People have to actively research how to infringe on copyright, i mean seriously you dont sue a gun company or a fast food business because of the way they use the product, like sorry were going to sue gun company x because jonny bought a gun from you and then proceeded to kill people at school because of it, and because you are the gun manufacture and provided the gun its your responsibility clearly, i mean get real. Another example would be a fat persons family sueing a fast food company because they allowed them to purchased large amounts of food from there business on a regular basis, come on get real, although that would be funny sorry sir im afraid i cant serve you because clearly you are to fat, and i for some reason have a duty of care for you. This same model applies to ISP's when you sign up with an ISP they dont know what you intend to do with their service and they have privacy requirements about monitoring your traffic, lol maybe with the exception of TPG, if you really wanted to sue a company that is allowing people to infridge TPG would be the one because of the huge download limits. if anything iinet and internode are two of the most responsible ISP's in Australia as they provide free content download from businesses like Apple Itunes, TIVO and blockbuster, giving active measures to make it easy for average users to download content legally.
Really download limits dont even come into this arguement because the rest of the world doesnt have them, and if the rest of the world did then the internet would not have come as far as it has in regards to media eg Youtube wouldnt be a viable option due to the amount of streaming required etc. or if sites and media did then ISP's would be super rich and being a share holder would be the best thing you could do.
anyways i feel like i have ranted enough, at the end of the day this falls on def ears, simple put if someone wants to make money at the expense of someone else they will try there hardest to do so. film companies sue ISP's to make money simple as.
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