And Of Course: AFACT Appeals iiNet Ruling

from the the-fight-goes-on dept

This isn't a huge surprise, but down in Australia, AFACT, a group representing the major movie studios, which had already fought having to pay iiNet's legal fees after getting trounced in court, is appealing the ruling itself. You had to figure this would happen. The studios weren't going to go down without a fight. The main part of the appeal is AFACT claiming that iiNet somehow authorized copyright infringement by not stopping infringement:
"The court found large scale copyright infringements, that iiNet knew they were occurring, that iiNet had the contractual and technical capacity to stop them and iiNet did nothing about them."
But that actually ignores both reality and what the ruling said. What it found was that, indeed, large scale infringement was occurring, but that it was impossible for iiNet to be an effective copyright cop since copyright infringement was something for the court to decide, not for some ISP to just guess. Either way, this case won't be over for quite some time...


Reader Comments (rss)

(Flattened / Threaded)

  1.  
    identicon
    Anonymous Coward, Feb 25th, 2010 @ 6:15am

    An appeal worded like that where it doesn't even begin to address the original ruling should warrant the lawyer getting a gavel to the face.

     

    reply to this | link to this | view in thread ]

  2.  
    identicon
    NAMELESS.ONE, Feb 25th, 2010 @ 6:27am

    Canadian tire guilty cause the didn't stop the HAMMER MURDER

    Canadian tire guilty cause the didn't stop the HAMMER MURDER, ya know form bashing you over the skull. THEY need to have a MPAA guard there so they can prevent you form being .....crazy
    perhaps YOU hit a MOVIE executive...then i forgive you....

     

    reply to this | link to this | view in thread ]

  3.  
    identicon
    Some Aussie, Feb 25th, 2010 @ 7:09am

    From Australia

    I am personally using iiNet right now, and while sometimes I absolutely hate them, they continuously earn my vote, though only just, for standing up for my rights, freedoms, and privacy. (Though now-a-days it seems harder and harder to determine what exactly is my rights and freedoms and privacy).

    AFACT on the other hand, have been stamping DVD's with their lies for years, I have to watch them everytime I put in a movie. I still can't believe that they haven't been done for false advertising.
    Now they go and make up some ridiculous falsities about hot the judge ruled, saying that the judge doesn't understand how bittorrent works, and yet he seemed to almost actually get it right, and that for some reason after AFACT ADMITTED it's information wasn't necessarily accurate, still somehow believes that the judge should ignore the fact that AFACT is allowed to just make up what ever it wants, and force the ISP to be it's net-slave?

    AFACT, listen up, It's people/companies like you who make me want to "pirate" tv shows and movies (Not that I need to), but I just now want to, in solidarity, in the hopes that eventually you will run out of money and die, like you keep promising you will.

     

    reply to this | link to this | view in thread ]

  4.  
    identicon
    Anonymous Coward, Feb 25th, 2010 @ 7:13am

    I hope the problem is that AFACT is upset that they didn’t pay punitive damages for operating an extortion scheme. I hope the appellate court corrects this problem.

     

    reply to this | link to this | view in thread ]

  5.  
    identicon
    NUCLEAR intellectual property, Feb 25th, 2010 @ 7:21am

    @ some Aussie From somedude in canada

    WE have ONE ISP left in all Canada doing just the same but a lil better off due to some luck and RETARDs bad luck( see home cooking post )

    SO keep suporting and write htem letters often and heap praise and tell them like i do that if they support a politician to let everyone know who he/she is that would stand up for you.

     

    reply to this | link to this | view in thread ]

  6.  
    icon
    Pickle Monger (profile), Feb 25th, 2010 @ 10:37am

    What's in a name?

    I've been thinking: you know how prefix "a-" reverses the meaning of the word? Moral vs. amoral, etc... Well, I guess they called it AFACT for a reason :)

     

    reply to this | link to this | view in thread ]

  7.  
    icon
    Pickle Monger (profile), Feb 25th, 2010 @ 11:59am

    Re: @ some Aussie From somedude in canada

    Which ISP is it?

     

    reply to this | link to this | view in thread ]

  8.  
    identicon
    Another Aussie, Feb 25th, 2010 @ 5:47pm

    Re: From Australia

    I use iiNet as well, and I have never hated them. Coming from a telstra connection originally, iiNet is like a breath of fresh air - and the freezone rocks.

    AFACT, on the other hand, is the embodiment of everything that is wrong with society. It's groups like this that cause me to lose faith in the industry, which is a shame, because I really like cinema and things, and would love to go spend money to support my favourite directors and support people producing entertainment. I will not, however, assist in funding this horde of money grabbing criminals. Not to say I pirate shit, I just dont go watch it anymore. everything gets shown on free to air tv eventually.

     

    reply to this | link to this | view in thread ]

  9.  
    identicon
    Ex local music promoter geek, Feb 25th, 2010 @ 7:08pm

    YAA :- Yet Another Aussie

    I'm in pretty close contact with someone employed fairly high up in this industry, and AFACT (the studios, distribution etc.) are scared whitless.

    In the view of AFACT, their actions are completely reasonable because they've only taken very lenient action so far. An education campaign is a reasonable response, issuing ushers with night vision goggles is a reasonable response, firing up a single court case is a reasonable response. And nobody in the industry is going to speak up because their livelihood relies on them not understanding how the studios are screwing up.

    The US studios control the Australian movie industry. And the money will be available to drag this issue on for as long as it takes. If not the ISP's, they'll start chasing individual users. As long as unauthorized sharing continues, AFACT will pursue this issue.

     

    reply to this | link to this | view in thread ]

  10.  
    identicon
    jerry albertson, Feb 25th, 2010 @ 9:47pm

    idiots

    some time ago w had a shop sold comics
    well we had alot of cusomers
    now hear me out how stupid is this
    we had the radio on as you do
    people can hear it in store anr ways
    one day this idiot comes in say hes from riawa or some place and wants us to pay him 90 dollars ayear just beacuse the radio is on in the shop
    told him get stuffed nd get out them week ,later get a letter saysing we are in breach of copywrite and have to cease the radio
    THE RADIO ffs how pathertic is that

     

    reply to this | link to this | view in thread ]

  11.  
    identicon
    jerry albertson, Feb 25th, 2010 @ 9:47pm

    idiots

    some time ago w had a shop sold comics
    well we had alot of cusomers
    now hear me out how stupid is this
    we had the radio on as you do
    people can hear it in store anr ways
    one day this idiot comes in say hes from riawa or some place and wants us to pay him 90 dollars ayear just beacuse the radio is on in the shop
    told him get stuffed nd get out them week ,later get a letter saysing we are in breach of copywrite and have to cease the radio
    THE RADIO ffs how pathertic is that

     

    reply to this | link to this | view in thread ]

  12.  
    identicon
    Anonymous Coward, Feb 25th, 2010 @ 10:20pm

    Re: YAA :- Yet Another Aussie

    "I'm in pretty close contact with someone employed fairly high up in this industry, and AFACT (the studios, distribution etc.) are scared whitless."

    SCARED? They ought to be thankful that the public doesn't put them in jail for all the harm they have caused to humanity. Instead of being scared they should take the mercy we have given them and go find a REAL job.

     

    reply to this | link to this | view in thread ]

  13.  
    icon
    Yeebok (profile), Feb 26th, 2010 @ 1:00am

    I definitely agree with the last para of YAA :- Yet Another Aussie. Though once ACTA gets in, we'll all be in the same boat.
    Of the 6 I've used, I can think of one ISP that's made me happy.. iiNet.
    Sadly though since AFACT is just a franchise of MPAA .. and I assume the situation is similar with other countries, it's going to drag on for quite a while and then just when you think they've gone broke the US Government will decide they're too big to fail .. sigh.

     

    reply to this | link to this | view in thread ]

  14.  
    identicon
    Scott Deagan, Mar 31st, 2010 @ 2:07am

    Re: Re: YAA :- Yet Another Aussie

    I agree fully. However, I don't think they will ask for mercy - it's all about the government backed extortion tactics that some believe will somehow miraculously save the economies of the world (mostly the US economy).

    When the Digital Economy Bill is introduced in the UK, I pray that there will be an ISP who is brave enough to stand up to these criminals (and the complicit government). Enough is enough, and you can't just go around making draconian laws to protect a small group of rights holders. Here in London TalkTalk seems to be the only ISP that has a pair.

    After reading the AFACT vs iiNet ruling, it brought a tear to my eye and made me proud to be an Australian. I hope that common sense, justice, and democracy will somehow prevail here in the UK. I for one would gladly donate a couple hundred pounds to TalkTalk (for legal fees) if they were to stand up to this insane DEB and the entertainment industry.

    If all else fails, it will be up to the people to decide whether or not they want to fund this group who are not that much different to a modern day corporate Mafia.

     

    reply to this | link to this | view in thread ]


Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Save me a cookie
  • Note: A CRLF will be replaced by a break tag (<br>), all other allowable HTML will remain intact
  • Allowed HTML Tags: <b> <i> <a> <em> <br> <strong> <blockquote> <hr> <tt>
Follow Techdirt
A word from our sponsors...
Essential Reading
Techdirt Reading List
Techdirt Insider Chat
A word from our sponsors...
Recent Stories
A word from our sponsors...

Close

Email This