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Hollywood Says Court Ruling Bad, ISPs Are Evil

- By - Source : Tom's Guide US

Hollywood is striking back against a judgment that would allow ISPs to turn a blind eye at piracy.

The AFP reports that Hollywood is striking back against a recent ruling that said ISPs are not responsible for illegal movies downloaded by their subscribers. The appeal, filed on Thursday by the Australian Federation Against Copyright Theft (AFACT), said that the Federal Court's ruling was "out of step" with copyright law. The AFACT represents 34 Hollywood studios in Australia.

"The court found large scale copyright infringements (proven), that iiNet knew they were occurring, that iiNet had the contractual and technical capacity to stop them and iiNet did nothing about them," said Neil Gane, executive director of AFACT. "In line with previous case law, this would have amounted to authorization of copyright infringement."

The judge's ruling that iiNet was not responsible for its customer's actions was a blow to Hollywood and its copyright owners. The case proved that nearly 90 films and television episodes were downloaded in a period of 59 weeks via iiNet's broadband service. Hollywood hoped the case would force ISPs to act against the copyright violators, however the ruling swung the other way.

Gane said that the organization filed the appeal because the Federal Court "erred on 15 grounds." He said the current ruling would allow ISPs to turn a blind eye to piracy. "The decision harms not just the studios that produce and distribute movies, but also Australia?s creative community and all those whose livelihoods depend on a vibrant entertainment industry," he said.

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thackstonns 02/25/2010 8:59 PM
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go to hell hollywood. Or better yet start your own ISP so you can regulate it. I can see the slogan now "HOllywood Internet we regulate your internet so much, you will think you live in CHina."

Parrdacc 02/25/2010 9:12 PM
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"The appeal, filed on Thursday by the Australian Federation Against Copyright Theft (AFACT), said that the Federal Court's ruling was "out of step" with copyright law."

Perhaps it is the copyright laws that are out of step with both society and technology? The power to produce and distribute, and thereby gain the monetary rewards from it, is no longer solely in the hands of a select few companies; but in the hands of the artists and those of everyday people, the ones who actually do the work in which these companies for so long have profited from; and to hold ISP's accountable for the actions of those pirates shows your unwillingness to do the right thing imo. So you could not go after everyone who pirates, so we will go after the ones who provide the means to do so? Right, don't punish those who actually did the deed? It was not my fault I robbed that store with a gun and shot the clerk, it was the guy who sold me the gun, punish him.

cscott_it 02/25/2010 9:12 PM
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Hollywood

"We'll just spend more money on lawsuits than actually addressing the problem by lowering our prices. BRILLIANT!"

Hilarion 02/25/2010 9:15 PM
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The ruling was correct in every respect despite what RIAA, MPAA or AFACT say. The ISP should "NEVER" be held liable for what it's users do.

They want to shift the financial burden from themselves to the ISP's and the taxpayers instead of following correct law and doing/paying for the work themselves.

I praise the Australian Courts in this case. This was good law.

ominous prime 02/25/2010 9:21 PM
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iiNet is not responsible for what it's users do. No ISP needs to be playing net nanny on what it's users are doing. I know for a fact that if my ISP started censoring what I could do on the internet I would switch to another ISP, simple as that.

And AFACT can go to hell.

Abrahm 02/25/2010 9:25 PM
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This was the absolute correct ruling and ruling otherwise sets a dangerous precedent for the future of freedom everywhere. As with the recent Google Italy case, blaming a service provider instead of the culprit is terrible for everyone. Where do you draw the line? Does the transit system get punished if someone is robbed on a bus? Does Dell get punished if someone develops malware on a computer they built? This whole idea of blaming someone else has gotten ridiculously out of hand.

But we all know why the Hollywood snobs are attacking the ISPs, and it has nothing to do with the law. Making the ISPs responsible is the easiest way for Hollywood to stop piracy, as stopping individual users is unrealistic. Nothing more, nothing less. In reality it isn't the ISPs job.

JohnnyLucky 02/25/2010 9:40 PM
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I agree with the court ruling. Unfortunately it does not solve the problem. I've been reading about this for years. I doubt there is a practical solution.

ravewulf 02/25/2010 9:43 PM
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Well... ISPs are evil, but not for that reason. They are evil for bad service, bad prices, and little to no competition in a lot of areas.

Hollywood, MPAA, RIAA, etc shutup and make decent products, then people will buy them instead of torrenting, watching/listening once, and deleting them for being horrible.

TheDuke 02/25/2010 9:45 PM
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Hollywood are against the consumers

sceen311 02/25/2010 9:50 PM
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Wouldn't isps looking at the data being sent through their servers be a virtual equivalent to the post office opening my mail and looking through it before sending it to me?

redplanet_returns 02/25/2010 9:55 PM
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cry me a river hollywood...

oh shoot...i hope RIAA doesn't serve Tom's a DMCA takedown for my comment

rhino13 02/25/2010 10:01 PM
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Woah, is that true that the ISP conclucively knew that piracy was taking place?

How could you know that for sure?

milktea 02/25/2010 10:01 PM
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The court made the right judgement, otherwise it would be an invasion of privacy if the ISP monitors traffic content.

grieve 02/25/2010 10:09 PM
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""The case proved that nearly 90 films and television episodes were downloaded in a period of 59 weeks via iiNet's broadband service. ""

I downloaded that much this past weekend!

FU Hollywood!

grieve 02/25/2010 10:16 PM
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milktea :
The court made the right judgement, otherwise it would be an invasion of privacy if the ISP monitors traffic content.


I agree 100% with everyone... ISP's should not be aloud to monitor anyones downloads.
I do think with a court order police should be able to gain access on an individual basis (like a wire tap)... we can't let pedophiles get away free.

Anonymous 02/25/2010 10:33 PM
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hellwig 02/25/2010 10:33 PM
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rhino13 :
Woah, is that true that the ISP conclucively knew that piracy was taking place?How could you know that for sure?


Obviously the ISP monitors all traffic that goes through its network. It stores a copy of every file and email transmitted in a series of large servers taking up acres of space in various non-descript buildings operated by the NSA and various other U.S. government agencies around the country.

Oh wait, this was in Australia? Sorry, my mistake. Then I don't really know how they could know for sure.

Dirtman73 02/25/2010 10:35 PM
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If they weren't frivolously spending upwards of $320 million a pop to make their movies, they wouldn't be in a financial mess to begin.

Hollywood doesn't need to worry about pirates; Tinseltown has been digging its own grave for the last decade.

thackstonns 02/25/2010 10:56 PM
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ProDigit80 :
Without Holywood there'd be no movies (or at least no good ones, unless you love Japanese anime or Indian Bollywood movies)



What are you talking about? there really arnt any good ones out now. Hell I only go to the theater once a year, and am usually disappointed when I leave. I am tired of a movie coming out, all the trailers look bad ass, all the critics claim its the best movie that ever came out, Everybody says you have to see it (but for some reason everybody isnt anyone that you really talk to) You go to the theater spend 40bucks and its crap. So I save my 40 bucks download it confirm its crap, and delete it. If its not crap (which is only a couple a year) I buy it on bluray for 30 bucks.
Your friggin insane to think im going to spend 40bucks at the theater for me and my girlfriend to watch it once, and then 30 bucks on the bluray. Not only that but you throw enough drm on the damn thing that I cant rip it and put it on my media server so I can stream to my pc's and tv.
You want my money, make it easy for me to stream the movies from hard drive to whatever I want to watch it on. And quit charging so friggin much. Movies dont have to cost a half billion dollars to make. Look at star wars. Rub some petrolium jelly on the lens and call it good.

Anonymous 02/25/2010 11:10 PM
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See I have the money and the means to purchase movies at the exorbitant prices Hollywood charges for the same old crap they spew out year after year. The REASON I still pirate is because Hollywood does crap like this. I don't feel bad for a second. Reduce Hollywood exec and celebrity pay to a fair market value and we can talk, until then, OPEN SEASON ON THESE MOFOS.

(As for the hard working blue collar Hollywood workers that actually earn their pay, their collective bargaining agreements make sure they get paid first, which is good.)

leafman420 02/25/2010 11:10 PM
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lol... OK maybe there right, but can Hollywood tell me the last time they didn't steal an idea for the latest movie from a better book. I like to watch movies, but I think Hollywood thinks there the next best thing to sliced bread. I think Hollywood needs to die out like an old fad. If you can tell me the last good thing that came out of Hollywood, and I might rethink my opinion... Hollywood is evil... Isn't Tom Cruz there leader? :))

thebigt42 02/25/2010 11:25 PM
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Lets hold the car makers liable for people that transport drugs in them. That make about as much sense

False_Dmitry_II 02/25/2010 11:38 PM
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ProDigit80 :
Without Holywood there'd be no movies (or at least no good ones, unless you love Japanese anime or Indian Bollywood movies)




I agree with the previous guy, though I usually use netflix or whatever. Plus anime is great.

gorehound 02/25/2010 11:49 PM
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Frak You Hollywood and get ready for the revolution.I have stopped buying any new movies from you nor shall I ever be going to a theater.If I need a movie bad enough of yours I can find it used.

You won't be getti9ng a dime out of me and I really hope that millions of folks do the same thing.your industry is nothing but a big bloated bag of stale greed.

Anonymous 02/26/2010 12:00 PM
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Who's serving up internet access to said organisations by the way, and why?

If I were an ISP I'd be willing to come to an understanding with my peers to assure that no organisation working against the ISP service model would be getting out on the 'net in the first place.

XZaapryca 02/26/2010 12:24 PM
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This is like the Feds arresting local cops because they had the "means and technology" to stop every car on the road to make sure they didn't have drugs.

Honestly, if you gave Hollywood the power, they would want every home "audited" (aka, searched) for pirated movies on a frequent basis. They must be stopped.

enderwiggen 02/26/2010 12:29 PM
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"iiNet had the contractual and technical capacity to stop them"
How in the hell could they afford to monitor every user and try to stop or block content. They would go bankrupt. They can't possibly have the tech to monitor the entire user base for illegal content. Who has a database to cross check every download for pirated content. It's just impossible as far as I know.

enderwiggen 02/26/2010 12:30 PM
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damn i forgot alot of ?'s

aethm 02/26/2010 1:11 AM
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This is another Hollywood bull**** lawsuit. When are they going to stop this nonsense?

SuckRaven 02/26/2010 1:32 AM
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The internet is a series of tubes. The evil ISPs put those tubes into place, and now turn a blind eye to the illegal content that flows in those tubes. Colclusion? All the ISPs must be destroyed. F*ck you Hollywood. This is like saying: The people that built our roads and highways in&out of Mexico are the ones responsible for the drugs that enter into the U.S. from there. Conclusion would be similar...Let's blame the construction workers who made the roads for peoples' drug habits. OMG...sometimes I wanna....just.........

Shadow703793 02/26/2010 2:30 AM
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ProDigit80 :
Without Holywood there'd be no movies (or at least no good ones, unless you love Japanese anime or Indian Bollywood movies)


Are you so naive? All they have right now are re-makes of old movies. There are only a VERY FEW good movies worth watching. For example, people watched Avatar because it was original and ground breaking, people watched Saving Private Ryan because it was pretty realistic. If you make a good movie, people will buy it. 99% of the cr@p Hollywood makes now are re-makes and just pure cr@p. On the other hand, Bollywood (India) makes more movies AND are pirated quite a lot within the country and they STILL don't complain about that.