Dear Wikimedia Australia list,
Many of you may know this already, but some may not...

Today the judgement was handed down by Justice Cowdroy in the AFACT v iiNet
case. This is an extremely important case in Australian Internet law and
will potentially be used as a precedent internationally. Essentially, the
decision found that iiNet (an ISP) did not endorse the actions of its
customers infringing copyright for three reasons: "First, the copyright
infringement occurred directly as a result of the BitTorrent system, not the
use of the internet, and iiNet did not create or control the BitTorrent
system. Second, iiNet did not have a relevant power to prevent those
infringements occurring.  Third, iiNet did not sanction, approve or
countenance copyright infringement." (summary from Peter

The money quote from the judgement is:

"It is impossible to conclude that iiNet has authorised copyright
infringement ... (it) did not have a relevant power to prevent those
infringements occurring,"

AFACT is a consortium of Village Roadshow, Universal Pictures, Warner Bros,
Paramount , Sony, Twentieth Century Fox, Disney, the Seven Network and
others and stands for the "Australian Federation against Copyright Theft".
The full judgement has now been published at AustLII: [note, my employer].

Here's a few relevant news stories:

Fairfax -

Computerworld -

And here's the Wikipedia article:

Happy interwebs,
Peace, love & metadata
Wikimediaau-l mailing list

Reply via email to