Australian ISP Wins Precedent-Setting Copyright Infringement Lawsuit

Every once in a while the Australians get it right when it comes to the Internet. Not exactly renowned for their 'forward-thinking' approach, the Aussies have plans to implement a mandatory filter to keep out anything on the web that isn't 'appropriate', this latest news from Down Under is a welcome change. A lawsuit triggered by several Hollywood studios against ISP iiNet over the copyright infringements of its users ended with the judge siding with the ISP and ruling that it had no responsibility to control what its customers were doing.

A number of 34 US movie studios and broadcasters filed a lawsuit against iiNet after the ISP refused to send warning letters to its customers, who illegally downloaded movies using BitTorrent, on the studio's behalf. The ISP claimed that it would be a violation of privacy laws and that it, as mere provider, can't be held accountable for the actions of its users.

The rights holders, represented by the Australian Federation Against Copyright Theft (AFACT), went to court claiming the ISP was authorizing illegal file-sharing by not taking action. The Justice Dennis Cowdroy defended the ISP by saying that just providing the conduit for the copyright infringement to occur doesn't make it responsible. He said that ruling otherwise would open up ISPs to any number of legal claims for anything that might happen over their pipes.

“While I find that iiNet had knowledge of infringements occurring, and did not act to stop them, such findings do not necessitate a finding of authorisation. I find that iiNet did not authorise the infringements of copyright of the iiNet users," Justice Cowdroy concluded. iiNet is the third biggest ISP in Australia with just 750,000 subscribers. The judge also found that there was indeed evidence of copyright infringement but the actual number of infringements was significantly lower than the exaggerated claims of the pro-copyright group.

The case was a first on many accounts. For one, it is the first copyright infringement lawsuit against an ISP to go to court. The fact that it turned out the way it did should set a good tone for any future similar cases. Because of the interest it generated, the judge decided to allow people to tweet from the courtroom. It's also important to note that the judge had a clear understanding of how BitTorrent operated and how the ISPs handle the traffic, something that can't be said for other judges in cases like this around the world.

“This proceeding has attracted widespread interest both here in Australia and abroad, and both within the legal community and the general public. So much so that I understand this is the first Australian trial to be twittered or tweeted. I granted approval for this to occur in view of the public interest in the proceeding, and it seems rather fitting for a copyright trial involving the internet,” the summary read.