iiNet have won the landmark case against AFACT.
Read the full story here: http://www.computerworld.com.au/article/335041/afact_v_iinet_isp_wins_studios_pay_costs/
While we gather comments and opinions by those involved we would like to hear what you the community have to say about the decision.
All related articles can be found here:
iiNet welcomes court decision: http://www.computerworld.com.au/article/335084/iinet_welcomes_federal_court_decision_/
iiNet outcome an "application of common sense" EFF: http://www.computerworld.com.au/article/335073/iinet_outcome_an_application_common_sense_eff/
AFACT v iiNet: ISPs applaud decision, cautious on appeal chances: http://www.computerworld.com.au/article/335090/afact_v_iinet_isps_applaud_decision_cautious_appeal_chances_/
AFACT v iiNet: IN PICTURES - Victory outside the federal court: http://www.computerworld.com.au/slideshow/335072/afact_v_iinet_pictures_-_victory_outside_federal_court/
iiNet outcome of global significance: Budde: http://www.computerworld.com.au/article/335062/iinet_outcome_global_significance_budde/
AFACT v iiNet: statement in full from the losing party: http://www.computerworld.com.au/article/335061/afact_v_iinet_statement_full_from_losing_party/
AFACT v iiNet: A summary of Justice Cowdroy's decision: http://www.computerworld.com.au/article/335057/afact_v_iinet_summary_justice_cowdroy_decision_/
AFACT v iiNet: Twitter plays key role: http://www.computerworld.com.au/article/335052/afact_vs_iinet_twitter_plays_key_role/
AFACT v iiNet: ISP wins, studios to pay costs: http://www.computerworld.com.au/article/335041/afact_v_iinet_isp_wins_studios_pay_costs/
This outcome is more than just a win for ISPs. It is also a slap in the face for an organisation backed by huge companies with large cash resources trying to use the courts to further their ability to make money by picking on a smaller player in the market. Why didn't they take Telstra or Optus to court for the same thing? Are they suggesting that iinet users are the only online users in Australia that are able to download copyrighted material? I am just glad that they didn't succeed in their legal action and hope that they didn't succeed in bringing down iinet in the process.
Nowhere in making demands of ISP's based on alleged infringements have I seen mention of AFACT members offering unlimited indemnification of ISP's against the legal and financial repurcussions of damages arising from false or mistaken accusaions against ISP customers, if the ISP's had in fact undertaken the actions demanded by the AFACT. Unless the AFACT's members's are prepared to put their money where their mouth with indemnification and bonds against damages why should anyone take them seriosuly, they are trying to freeload the cost of their disputes onto third parties to be their unpaid tame legal judiciary and enforcement system.
I'm definitely happy with the result. There's too much responsibility for ISPs to filter what a user can/cannot download and I thought it was pretty implausible for companies (especially small ISPs) to filter such a vast amount of information that is increasing everyday. Take youtube for example, although they removed a lot of movies/ mvs due to copyright infringements, I can still access foreign dramas- no probs.
I wonder how AFACT's appeal to the high court will turn out.
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