Australian court rules ISP liability for piracy

A lawsuit brought by copyright holders against internet provider iiNet has started in the Federal Court in Australia. The isp is accused of complicity in copyright infringement by allowing file sharing.

The Australian Federation Against Copyright Theft, in which 34 entertainment companies have united, believes that a provider is liable for copyright infringement if it does not take measures against file sharing. The Afact has taken iiNet, the country’s third-largest provider, to court for failing to take “reasonable steps” to prevent its customers from illegally sharing movies and music. According to the copyright watchdog, copyright infringement has repeatedly occurred through iiNet’s network, and the provider has done nothing to prevent it, so it can be said to have authorized it.

According to iiNet, file sharers request pieces of files that are made available by other Internet users. The provider does not manage this transmission and does not make it public, and therefore does not violate any copyrights. The provider’s lawyer thinks it is going too far to say that iiNet gives permission for copyright infringement by not doing anything about file sharing. According to iiNet, imposing sanctions on customers who exchange files, such as disconnecting, would also violate the Telecommunications Act.

The case is awaited with interest by all those involved, because if Afact wins, it will have drastic consequences for the providers. They will then have to take measures against file sharing, including excluding offenders. The hearings before the Court will probably continue until November, so reports Australian IT.