The iiNet trial continues. During argument yesterday, Cobden SC for iiNet argued that to require internet service providers (ISPs) to forward notices of copyright infringement to their subscribers would impose an unreasonable duty on ISPs to ‘police’ their customers. The issue arises in the context of interpreting the requirements for authorisation liability under ss 36(1A) and 101(1A) of the Copyright Act 1968 (Cth), under which a relevant factor is whether the defendant took ‘reasonable steps’ to prevent the infringement.
AFACT argues that in refusing to take any action in response to notices it received from copyright owners, iiNet cannot be said to have taken reasonable steps, and should be liable as authoriser. iiNet argues that it didn’t — and, indeed, couldn’t — take any steps because to act on the basis of information obtained during data transmission would place it in breach of the Telecommunications Act 1997 (Cth) (which prohibits secondary uses of carriage data), and would in any case be an ‘inappropriate and certainly unreasonable step’ that amounts to copyright enforcement being ‘outsourced to the ISPs’.
The studios were asking for a change to iiNet’s entire business model that would require complex systems and processes for handling thousands of infringement notices issued by music and movie owners around the world, he argued.
He also reiterated iiNet’s claim that parts of the Telecommunications Act bridged to privacy laws that prevented the company from “using” information on its systems to enforce the notices. Read more »
Sony has been denied a patent by United Kingdom inspectors with respect to an invention that permits user data to be exchanged alongside peer-to-peer (P2P) file transfers. An appeal against the decision of the United Kingdom Patent Office was dismissed on the basis that the subject matter was not patentable. Nevertheless, the feature could still form an interesting addition to any legitimate P2P network established by the recording label: Read more »
Wired is running an interesting story about the popular BitTorrent tracker (frontend) known as The Pirate Bay. According to the article:
Efforts to sink the word's largest BitTorrent tracker backfired into political scandal and spurred even more downloading. But the three guys behind the Pirate Bay are facing a national controversy of their own. Part one of a two-part series by Quinn Norton, reporting from Malmo, Sweden. Plus: Gallery: The Faces of Sweden's Pirate Wars Read more »
LONDON (Reuters) - German police have filed criminal charges against 3 500 people accused of using the eDonkey file-sharing network to share copyrighted music illegally, the recording industry's trade group said on Tuesday.
The music industry has filed thousands of lawsuits in its fight against online piracy, but criminal prosecutions have been relatively rare. Users could face a maximum penalty of five years in prison if the music files were shared for commercial purposes. Read more »
The Federal Court of Australia last week gave leave to representatives of the Australian record industry to commence contempt of court proceedings against Sharman License Holdings Pty Ltd, owner of the (formerly) popular file-sharing program Kazaa. Read more »
Grokster has settled with its long-running lawsuit with Metro Goldwyn Meyer by agreeing to take its file-sharing service offline. Like Napster, it seems probable that Grokster will be reincarnated in a holy aura of subscription-based, publisher-ordained legitimacy.
Originally by Wired News: DAT's Entertainment, 2:36 PM
A Hong Kong man has been found guilty of copyright infringement for his use of BitTorrent.
Originally by The Register - Internet and Law: Digital Rights/Digital Wrongs, 9:50 PM
Originally by Ars Technica, 9:48 PM
'A Swedish man made history yesterday as the first Swede charged with file sharing. ... Swedish anti-piracy group Antipiratbyra (APB) tipped off the police. They contacted his ISP and used his IP number to track him down.
But there was confusion yesterday when the defendant withdrew an apparent confession that he did download, and then redistribute, the film. Police say he told them he had made the film available using the DC file sharing program. But in court yesterday the 28 year old man denied ever having the film. Read more »