Background: iiNet v AFACT
18 April 2012
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Peter Leung, Hong Kong
The closely watched case will have a big impact on the responsibilities Australian ISPs have for the infringing acts of its users
In preparation for the April 20 ruling, Managing IP highlights the key issues at stake.
iiNET is the second largest ISP in Australia. Thirty-four movie studios, including Disney, Columbia, Universal Pictures and Roadshow Films sued iiNET on November 20 2008 in Federal Court, based on the infringing acts of iiNET subscribers. All of the studios are members of the Australian Federation Against Copyright Theft (AFACT).
Trial court gives a decisive victory to iiNET
AFACT alleged that iiNET did not do enough to prevent users from using the BitTorrent file-sharing software to infringe upon their works to qualify for the safe harbour provisions of the Copyright Act.
Section 116 of the Copyright Act limits the liability of ISPs for infringing activity on their networks if they meet...
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