iiNet sued for copyright infringement

This news report was drawn to my attention during a break today at the Media, Communications and Public Speech Conference:

The Australian film and television industry has launched a major legal action against one of Australia's largest internet service providers for allegedly allowing its users to download pirated movies and TV shows.

The action against iiNet was filed in the Federal Court today by Village Roadshow, Universal Pictures, Warner Bros, Paramount Pictures, Sony Pictures Entertainment, 20th Century Fox, Disney and the Seven Network.

Mark White, iiNet's chief operating officer, said the company did not support piracy in any form but it could not disconnect customers just because the movie industry claimed they engaged in illegal downloading.

Adrianne Pecotic, executive director of the Australian Federation Against Copyright Theft (AFACT), said the action followed a five-month investigation by the industry.

...

The action follows months of wrangling between the movie and music industries and ISPs over the lengths to which internet providers need to go to prevent illegal file sharing on their networks. The industry wants ISPs to agree to cut off services for those who repeatedly infringe copyright.

However, internet providers have argued that the courts already provide adequate remedies for copyright holders and they should not be forced to police their users.

"This is a very important test case for the internet industry in Australia," said Peter Coroneos, chief executive of the Internet Industry Association.

"It will test the effect of the safe harbour provisions that were introduced with the US free trade agreement, which provides immunity for ISPs in certain circumstances such as transmission, hosting, caching and referencing activities."

Coroneos said the IIA board will shortly convene to develop a response on the legal action against iiNet.

But while the movie industry has now stepped up its aggression, the music industry has yet to take legal action against any internet providers over the issue.

Read more here (from the Sydney Morning Herald).

Comments

[Alex Schlotzer]

It's really very disturbing that ISPs could be sued for the infringements of users. It's not like the ISPs are doing the file sharing and downloading.

And it's also an indication of the enormous power that private entities hold to dictate our lives.

Thanks for highlighting this issue.

[Matthew Brown]

This is going a bit far. If I understand thi right, then by the same logic, an ISP could be sued because a user viewed a copyrighted image or copyrighted text.

[Michael]

If iiNet loose then the public can sue the government for drugs that are trafficked via our state roads.

Win, win! :D

[Bearup]

Why only iinet? Telstra too big and can afford to fight?