Archive
Category: Intermediaries
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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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“We’re not copyright police”: iiNet
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)… Read more →
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Google wins online defamation case: not a ‘publisher’ of website content
In an eminently sensible decision, Eady J has held that Google is not liable for defamatory material that appears in the extract displayed underneath search results. Stated more precisely, Metropolitan International Schools Ltd v DesignTechnica Corporation [2009] EWHC 1765 (QB) now stands for the proposition that the facilitator of a defamatory imputation who, without human… Read more →
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Senator Conroy criticises ongoing iiNet defence
Senator Stephen Conroy, Minister for Broadband, Communications and the Digital Economy, has issued a stinging attack on iiNet’s position in Roadshow Films Pty Ltd & Ors v iiNet Ltd. Speaking at the CommsDay summit in Sydney yesterday, Senator Conroy described iiNet’s defence as something which ‘belongs in a Yes Minister episode’ — ironic, given that… Read more →
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Facebook as service intermediary: Australian Court allows online service
In the first example of its kind, the Supreme Court of the Australian Capital Territory allowed notice of default judgment to be served on a number of defendants via Facebook. According to court reports, Master Harper made an order for substituted service via Facebook, ordering that the defendants could be validly served by sending a… Read more →