Peter Ollier
A coalition of Australian film makers has launched a case against internet service provider iiNet that will test the liability for online copyright infringement in Australia.
The November 20 legal action "is about testing the ISP's ability to hide behind the safe harbour provisions in our copyright act for liability for infringing material," according to Peter Banki, a partner of Banki Haddock Fiora in Sydney. The coalition is claiming that iiNet did not take enough action to prevent its users from illegally sharing files over BitTorrent networks, despite being presented with evidence by the companies. "iiNet refused to address this illegal behaviour and did nothing to prevent the continuation of the infringements by the same customers", Adrianne Pecotic, executive director of the Australian Federation Against Copyright Theft said in a statement.
But iiNet managing director Michael Malone said that the company had not breached any laws and had repeatedly forwarded complaints to law enforcement agencies for further investigation. "iiNet cannot disconnect a customer's phone line based on an allegation. The alleged offence needs to be pursued by the police and proven in courts. iiNet would then be able to disconnect the service as it had been proven that the customer had breached our Customer Relations Agreement," Mr Malone said.
According to the statement of claim, the coalition is arguing that iiNet users have infringed copyright by making available, copying and transmitting a series of films and TV shows such as Ocean's 13, Prison Break and Bones.They claim that iiNet did not do enough to prevent this and "through its own inactivity and in difference permitted a situation to develop and continue where iiNet users engaged in or continued to engage in copyright infringement".
The statement goes on to claim that iiNet "took no steps, or alternatively no adequate steps, to prevent or avoid the infringements". Section 116 of Australia's Copyright Act limits the remedies available against ISPs for copyright infringement. Interpretation of this section, and in particular 116AH, which states that ISPS must "adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the accounts of repeat infringers" will be crucial in this case.
The case was filed by Village Roadshow, Universal Pictures, Warner Bros Entertainment, Paramount Pictures, Sony Pictures Entertainment, Twentieth Century Fox Film Corporation, Disney Enterprises, Inc and the Seven Network, the Australian licensee of some of the infringed works. It is due for a first directions hearing on December 17. Michael Williams of Gilbert + Tobin is acting for the coalition of copyright owners. Williams acted for a coalition of record companies that successfully sued peer-to-peer file sharing network Kazaa in another pioneering Australian copyright case in 2005.
From:www.managingip.com
