Archive
Category: Intellectual Property
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High Court of Australia grants leave to appeal iiNet ruling
Today the High Court of Australia granted leave to appeal against the decision of the Full Court of the Federal Court of Australia in Roadshow Films Pty Ltd v iiNet Ltd. I haven’t been able to uncover a copy of the transcript or a list of the grounds of appeal, but the appellants are likely… Read more →
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The blocking barb in today’s Pirate Bay appeal
As has been widely reported, the three co-founders of file-sharing website The Pirate Bay have lost their appeal before the Stockholm Court of Appeal against criminal convictions imposed in April 2009. The Court upheld the trio’s convictions for contributory copyright infringement and increased the collective financial sanctions from $2m to 46 million kroner (USD$6.5m), largely… Read more →
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French 3 strikes regime sees ISPs inundated with notices
It’s unclear whether the recent Creation and Internet Act 2010 (FR) is having much of an impact on digital piracy. However, according to copyright owners, around 25,000 notices of alleged infringement are being sent to the state-administered digital enforcement body (HADOPI) each day: French labels trade body director general David El Sayegh revealed the 25,000… Read more →
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US-Style Fair Use Coming to England?
David Cameron included this cryptic announcement in a speech about establishing a high-tech sector in East London: The second new announcement I can make today is to do with intellectual property. The founders of Google have said they could never have started their company in Britain. The service they provide depends on taking a snapshot… Read more →
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UK ISPs to pay 25% of copyright enforcement costs
An agreement reached between UK ISPs and rights-holders will see ISPs footing 25 per cent of the bill for implementing the new graduated response regime required under the Digital Economy Act 2010 (UK), the UK Government announced today. Rights-holders, represented by music and film industry associations, will pay the remaining costs. The ISPs are (understandably)… Read more →
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Kookaburra sits in the old gum treeee, merrily infringing
With all the fuss over the iiNet decision today, it might be easy to overlook another interesting copyright judgment that was handed down just a few metres away. In Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Ltd [2010] FCA 29, the owner of copyright in the children’s song ‘Kookaburra Sits in the… Read more →
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iiNet wins: Roadshow Films Pty Ltd v iiNet Ltd [2010] FCA 24
Justice Cowdroy of the Federal Court of Australia has just handed down judgment in Roadshow Films Pty Ltd v iiNet Ltd [2010] FCA 24 (iiNet Case), finding in favour of the respondent. As you’re probably aware, the iiNet Case centres on allegations of copyright infringement in connection with unauthorised downloads of films by iiNet’s subscribers… Read more →
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Secret talks for the Anti-Counterfeiting Trade Agreement continue
Some interesting comments from Michael Geist concerning the now-infamous Anti-Counterfeiting Trade Agreement (ACTA), which is being negotiated in secret by representatives of most developed countries. This piece considers the extent to which states party to ACTA would be required to amend their domestic laws: most [representatives] have sought to dampen fears by implausibly claiming that… Read more →
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IIA to educate ISPs on copyright liability after iiNet case
The Australian Internet Industry Association (IIA) has invited internet service providers to attend a briefing on their copyright liability following the conclusion of oral argument in the Village Roadshow v iiNet case — judgment in which is expected early next year. The briefing is designed to answer an interim question raised by the iiNet litigation:… Read more →
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Individual to be prosecuted for domain name ‘theft’
A number of news agencies are reporting that Daniel Goncalves, a 25 year-old law firm technician, is being prosecuted for the ‘theft’ of domain name P2P.com: Attorney Paul Keating told DNN that most cases of domain theft recovery that he has dealt with have been complicated at best. The real problem stems from the fact… Read more →