iiNet Wins Australian ISP Copyright Case, Hollywood Studios To Pay Costs

Australian ISP iiNet has won its copyright infringement case against the Hollywood studios in a major win for commonsense copyright law in Australia.

The case, lodged in the Australian Federal Court by Village Roadshow, Universal Pictures, Warner Bros, Paramount Pictures, Sony Pictures Entertainment, 20th Century Fox, Disney and the Seven Network in November 2009, argued that iiNet infringed copyright by failing to stop users from engaging in illegal file sharing over BitTorrent. The suit sought an order to force iiNet to prevent its customers from engaging in copyright infringement over its network, and asked that iiNet pay damages for allowing copyrighted work to be downloaded.

Justice Cowdroy threw the case out, stating that “It is impossible to conclude that iiNet has authorized copyright infringement… (it) did not have relevant power to prevent infringements occurring.”

Reaffirming that iiNet was a carrier of data, and not responsible for the actions of its users, Cowdroy said “In the law of authorization there is a distinction to be drawn of the means of copyright infringement… the mere provision of access to the Internet [does] not authorize infringement.”

“iiNet has no control of the BitTorrent system and is not responsible for its use by users…iiNet is not responsible if an iiNet user uses that system to bring about copyright infringement … the law recognizes no positive obligation on any person to protect the copyright of another.”

In a further blow to the studios, the judge also ruled that the studios were liable for iiNet’s costs in the case.

A spokesman for the Australian Federation Against Copyright Theft, representing the studios, said in a statement that they were disappointed by the result, and are now considering whether to lodge an appeal.

Comically, the statement also claimed that the result “is a setback for the 50,000 Australians employed in the film industry.” Australian’s don’t watch Australian films across the board (legally or otherwise,) which begs the question: how does this damage the industry exactly. Besides, the film industry in Australia is nearly entirely underwritten by the Australian taxpayer through Government support, copyright and downloads have little to no influence.