Australian Anti-Piracy Group Threatening ISPs With Legal Action... Even Though Court Already Ruled Against Them

from the fantasy-land dept

Apparently, the Australian "anti-piracy" group AFACT (Australian Federation Against Copyright Theft) is living in a bit of a fantasy land. Despite losing badly in the courts twice by trying to force iiNet to act as a copyright cop, without knowing what is and what is not infringing content, AFACT is now warning other ISPs that they must become copyright cops, or else.
The letter makes several references to the Federal Appeal Court's February ruling on AFACT's bid to make ISPs liable for copyright infringement by their customers.

It gives Exetel seven days to indicate whether it will "attend a meeting with AFACT" to discuss a system of graduated responses to online piracy.
It seems kind of bizarre to cite a ruling in which you lost badly, as a reason why others need to do something that the court said iiNet didn't have to do.
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Filed Under: afact, australia, copyright, isps, liability


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  1. identicon
    Anonymous Coward, 13 Jul 2011 @ 12:46am

    Theft vs Infringement

    AFACT seems to be hazy on the difference between copyright theft and copyright infringement. Theft is when someone's copyright is removed from them so that they do not have it any more. For example, Bridgeport Music vs George Clinton. Copyright infringement is when certain acts of copying, as defined in the legislation, are performed by persons not authorized by the copyright owner. The copyright owner keeps their copyright, even though it may have been infringed. Deciding whether infringement has occurred is difficult and technical.

    Judges tend to be markedly unimpressed when persons appear before them, who decline to use the correct terminology. The terminology is defined in the legislation. Judges expect all lawyers and clients to know it and use it correctly.

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