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Hollywood Says Court Ruling Bad, ISPs Are Evil

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.

  • thackstonns
    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
    "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

    "We'll just spend more money on lawsuits than actually addressing the problem by lowering our prices. BRILLIANT!"
  • Hilarion
    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
    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
    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
    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
    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
    Hollywood are against the consumers
  • sceen311
    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?