Copyright enforcement in Australia after iiNET
20 April 2012
|
Peter Leung, Hong Kong
IP practitioners’ reaction to the AFACT v iiNET decision reflects concern over its impact on copyright enforcement in Australia
In a unanimous ruling, the High Court today said that service provider iiNET did not authorise users’ infringement despite not acting on notices of infringement from copyright holders.
Some lawyers told Managing IP the decision is a setback for copyright owners. David Brennan, associate professor at Melbourne Law School, said that the High Court’s position that iiNET did not need to disconnect infringing users because those users could go to another ISP was a big change that raised the bar for proving authorisation.
Brennan pointed out that this sets a high...
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