iiNet: A victory for the Australian ISP industry?
Posted in: Online TV/Music at 08/06/2012 14:25
The much anticipated High Court of Australia judgment in Roadshow Films v iiNet Limited has finally issued. Claire Deeks of James & Wells Intellectual Property discusses the case and considers the likely consequences of the decision in New Zealand
In the end, the Court dismissed Roadshow's appeal holding the Internet service provider, iiNet, not liable for authorising the copyright infringements of its customers. The decision in Roadshow Films v iiNet Limited  HCA 16 has inevitably been heralded in most quarters as a huge victory for the ISP industry and for Internet freedom generally. But is this the case?
In the short-term, the decision clearly strengthens the position of the ISP industry in Australia (and, to a large degree, the industry here) in its negotiations with the content industry in respect of any voluntary industry-based agreement to counter online copyright infringement.
To continue reading this article in the New Zealand Lawyer Magazine, go to:
Piracy talks 'wasted breath': iiNet
Today's discussions with rights holders, which is being held in the hopes of finding a solution to online copyright infringement, will be "wasted breath", according to iiNet.
iiNet will today join Optus, Telstra, various content groups, the Australian Communications Consumer Action Network (ACCAN), the Internet Society of Australia and the government in a closed-door meeting led by the Attorney-General's Department. It aims to develop an industry policy for dealing with copyright infringement. Despite the government hoping that such meetings will lead to a voluntary solution, iiNet's chief regulatory officer Steve Dalby has said that they will be "wasted breath".
"I don't need a crystal ball to tell you that the likely conclusion will be negligible change; as has been the situation since the 2005 Australia-US free trade agreement was signed," he wrote in a blog post this morning.