ISP found not responsible for piracy

SYDNEY – The major US studios, in partnership with the Australian Federation Against Copyright Theft (AFACT), have lost their appeal against a case last year that found internet service provider (ISP) iiNet was not legally responsible for its member internet piracy.

The studios banded together with AFACT and local Aussie webs in 2008 to try to make an example of iiNet but judge Dennis Cowdry found that the provider had neither authorized customer to commit piracy nor intended for its service to be used for illegal activity.

On Thursday, Judge Jayne Jagot once again found for iiNet, but while the appeal may have lost, AFACT topper Neil Gane said it opened the door for more action to tackle the problem of ISPs not being proactive enough against piracy.

“While we did not prevail due to the finding of the court on a narrow, technical issue, we did succeed in terms of the court finding in our favor across a range of key issues that we raised,” said Gane.

Gane says the judgment found that ISP could be found responsible for repeated known infringements, that ISP should warn their customers about piracy and that responsibility falls to account holders for any illegal infringements.

These areas give AFACT a chance to continue with legal channels to try and tackle piracy.

A recent report Down Under estimated that piracy cost the broader Aussie economy $1.37 billion dollars in lost jobs and revenue.

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