Ep 09 of 2011
February 28, 2010
The next chapter in the David and Goliath stouch between Australia’s number 2 ISP, iiNet and the might of the world’s movie houses was written last Thursday when iiNet won the latest appeal over P2P piracy on their network, but the door has been left open for a further appeal.
The Full Bench of the Federal Court dismissed the film industry's appeal against a February 2010 judgment, which found ISP iiNet had not authorised copyright infringement on the ISP’s network. Justice Emmett said that the court agreed with the film industry's assertion that rights holders' copyright had been infringed but disputed the "characterisation of the infringements".
iiNet chief Michael Malone has blasted the film industry for "wasting" two years suing ISPs rather than coming to the table to negotiate a genuine long-term solution to online piracy. He said that the ISP industry shared a "common view" on the issue of copyright and did not believe that copyright could be resolved using purely technological means –for example, digital rights management.
The Full Bench appeal was an important escalation in the high-profile case, but the verdict is unlikely to resolve the battle. It is widely expected that AFACT will lodge a further appeal with the High Court in Canberra. AFACT now have 28 days to file an application seeking leave to appeal to High Court.
Failing the final appeal, the next remedy would be sought through government legislation, which may give fuel to Stephen Conroy’s mandatory ISP filter.
This week on Tech Talk Radio
- We check out the pros and cons of iiNets win against AFACT last week
- Sony launches Anubis.fm streaming music service just days after qriosity and
- Harvey Norman is on the slide down 17% in first half profit.
Also tonight, Games withe Leena, and we launch to inaugural App of the week segment!