Appeal Of Important iiNet vs. AFACT Case Begins
from the rehearing-the-same-thing dept
As you may recall, a bunch of movie studios sued popular ISP iiNet for failing to somehow wave a magic wand and stop file sharing. Thankfully, the Australian court quickly realized this was ridiculous and issued a thorough and convincing ruling that it made no sense to consider iiNet liable for copyright infringement done by its users. The judge pointed out that there’s no evidence that iiNet “approved infringement.” The judge also made it clear why it’s nonsensical to think that ISPs should serve as copyright cops, since a determination on whether or not something is infringing takes place in a court, not by random ISP employees.
Not surprisingly, the movie studios and AFACT (the “anti-piracy” organization representing them) appealed the ruling, claiming that somehow the lack of stopping copyright infringement was effectively “authorizing” copyright infringement. That seems like a huge stretch, but the appeal has begun and AFACT is now trying to make the case that not blocking users or kicking them off is the equivalent of authorization. Hopefully the appeals court recognizes the wisdom of the lower court ruling.