AFACT will appeal against iiNet in landmark copyright infringement case
 

The Australian Federation Against Copyright Theft (AFACT) will appeal the loss of its copyright infringement case against ISP, iiNet, in the Federal Court of Australia earlier this month.

http://www.computerworld.com.au/arti.../?fp=16&fpid=1

they won't win.

God help us if they do,the only winners here are Legal people as usual $$$$$

laurie

Hey knuckle heads, ISP's aren't the police department or even courts. If someone is performing an illegal act via a telephone no one expects Telstra to be the the lead investigators as well as the court system. If people are breaking the law instead of reporting it to ISPs and trying to get them to do the dirty work for you, how about reporting them to the police and letting them take care of it.

How the hell can they expect an ISP to disconnect a customer based on your hearsay. All this without an investigation into the matter, no asking if they actually did it. Just presume that all the evidence is fact. What happens if someone hacks into their wifi and downloads copyright material?? Have it happen 3 times and your cut of.

There appeal will be denied because the Australian legal system works on the basis of natural justice. Meaning if someone is accused of something they should be able to fairly defend themselves. AFACT wants to operate as a kangaroo court, what they say goes.

In Justice Cowdroy ruling he emphasises that the courts still have a role in determining whether an account should be terminated. As the law now stands, accounts can be terminated "in appropriate circumstances" - but those circumstances are not defined in the legislation. Justice Cowdroy draws the conclusion that "If 'appropriate circumstances' are found to exist only when a Court finds someone to have infringed copyright, then the respondent's termination of an account for a reason which did not satisfy that requirement would expressly not be reasonable."

In other words: since copyright infringement can only be proven in a court, account termination is only reasonable after a court has made a decision. The music and movie industries' stance, that ISPs should suspend accounts based on accusations against subscribers, is not endorsed in this judgement or supported in current legislation.

well said Hosko.

I agree,accept for the first 3 words I'm fully aware ISP's cannot be held responsible and so must AFACT but why iiNet not Telstra Bigpond or Optus?

laurie

pipe down knuckle head

knuck·le·head (nkl-hd)
n. Informal
A stupid person; a blockhead.

Fair enough you are entitled to your own opinion wasn't aware this site allowed personal attacks!

laurie

Personal attacks aren't permitted on this site however a sense of humour is a prerequisite.

If you don't get the humour there then you may find a lot of the posts on this site are "personal attacks".

I thought humor ended with a :) ;) :rollseyes: :P then again I could be wrong ;)

laurie