Quote:
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Originally Posted by AFACT
”This decision allows iiNet to pay lip service to provisions that were designed to encourage ISPs to prevent copyright infringements in return for the safety the law provided," he said in the statement.
“If this decision stands, the ISPs have all the protection without any of the responsibility.
“By allowing internet companies like iiNet to turn a blind eye to copyright theft, the decision harms not just the studios that produce and distribute movies, but also Australia’s creative community and all those whose livelihoods depend on a vibrant entertainment industry."
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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.
25-02-10, 01:20 PM
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