Aussie ISP cleared of copyright infringement claims

Is it a sign of things to come for broadband providers in the UK? The Australian Federal Court has found an Australian internet service provider not responsible for copyright offence committed by its customers.

The Australian Federation against Copyright Theft had accused provider, iiNet of authorising copyright theft by its broadband customers after a case was brought forward by all of the major Hollywood studios.

Following a trial hearing iiNet was cleared of all accusations after the judge ruled, whilst the provider offered the means for its customers to download copyright material, it did not authorise infringement. The blame for this was put on P2P application, BitTorrent.

In summary, the judge ruled iiNet was not to blame because: “the copyright infringements occurred directly as a result of the use of the BitTorrent system, not the use of the internet, and the respondent did not create and does not control the BitTorrent system; second because the respondent did not have a relevant power to prevent those infringements occurring; and third because the respondent did not sanction, approve or countenance copyright infringement.”

Judge Cowdroy said that whilst the case had attracted the attention of the world’s press, it was not acceptable to find iiNet guilty just because the Hollywood studios felt “something must be done” to combat piracy.

In the UK, the Government is proposing internet service providers should be held responsible for sending out warning letters, and potentially cutting off broadband connections, if customers are suspected of download copyright material illegally. Estimates suggest these measures will force broadband fees to increase by an average £25 per year.