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Australian ISP iiNet Beats Back Hollywood
ISP not responsible for the online activity of customers...
You might recall that iiNet, one of Australia's largest ISPs, was sued by seven Hollywood studios for failing to stop the transfer of pirated content across their network. Company CEO Michael Malone said the industry's demands for iiNet to play traffic cop were unreasonable if not impossible, and that "these guys are asking us to be judge, jury and executioner." After an eight week trial, the Sydney Morning Herald reports that iiNet has won their case against Hollywood, with Justice Dennis Cowdroy finding that iiNet is not liable for the downloading habits of its customers:
quote:
In a summary of his 200-page judgment read out in court this morning, Justice Cowdroy said the evidence established that iiNet had done no more than to provide an internet service to its users. He found that, while iiNet had knowledge of infringements occurring and did not act to stop them, such findings did not necessitate a finding of authorisation. He said an ISP such as iiNet provided a legitimate communication facility, which was neither intended nor designed to infringe copyright.
iiNet apparently spent $4 million on the case, though after the victory the company's shares jumped some eleven percent on the news. Company CEO Michael Malone was of course happy with the result, but makes a good point about how all this time and money could have been spent on better content industry business models:
quote:
Speaking to the media, Mr Malone was keen to focus on the future, saying the judgment marked the end of the matter as far as iiNet was concerned. "What this is showing is the way we've been conducting our business is lawful, what we have been doing is not wrong," Mr Malone said. "But I think we've probably wasted a year now. We and the internet industry, and the rights holders, could have been working together to find better models."
iiNet of course will still be required by law to participate in the Australian government's new multi-million dollar effort to scrub the Internet clean of all its naughty bits, though iiNet has also dubbed that plan technologically impossible and "stupid."
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gorehound
join:2009-06-19
Portland, ME

gorehound

Member

screw hollywood

good news.screw the greedbag studios
gorehound

gorehound

Member

Re: screw hollywood

great news and i agree to screw hollywood.

buy your films used and stop buying new films.

cpsycho
join:2008-06-03
Treadeu Land

cpsycho

Member

Govrn..

When the fascist government is replaced at election time, the stupid filter will disappear.

Sabre
Di relung hatiku bernyanyi bidadari
join:2005-05-17

Sabre

Member

Re: Govrn..

I'm not sure about this, and I welcome any Oz readers to correct me on this, but I think the filter idea was cooked up by the previous Howard government, and the current Rudd government is just continuing it.

Bill Neilson
Premium Member
join:2009-07-08
Alexandria, VA

Bill Neilson to cpsycho

Premium Member

to cpsycho
said by cpsycho:

When the fascist government is replaced at election time, the stupid filter will disappear.
Good luck with that

DrModem
Trust Your Doctor
Premium Member
join:2006-10-19
USA

DrModem

Premium Member

Glad to See

That Australia isn't completely insane.
axiomatic
join:2006-08-23
Tomball, TX

axiomatic

Member

What a waste

What an incredible waste of $4 million. Hollywood should be ashamed of themselves for needlessly throwing away money in today's economy.

How are we citizens supposed to take things like this seriously when such rampant and wasteful management of money and resources is exemplified like this for us?

Good job iiNet for keeping to your principles and teaching these scumbags a lesson. All that Hollywood has taught us in this exercise is that its easy to blame others for Hollywood complete failure at creating a viable business model.

Transmaster
Don't Blame Me I Voted For Bill and Opus
join:2001-06-20
Cheyenne, WY

1 edit

Transmaster

Member

Re: What a waste

The same crowd that is the RIAA/MPAA is also PETA. Go to the PETA website and you will understand where these loonies are coming from. Be sure to check out the Lettuce Ladies. The sweeties used to actually wear nothing but lettuce leaves but apparently when they where protesting at conventions of meat producers the learing convention goers wilted the leaves too fast.

cchhat01
Dr. Zoidberg
join:2001-05-01
Elmhurst, NY

cchhat01

Member

Re: What a waste

I have no idea what you're trying to say!
33358088 (banned)
join:2008-09-23

33358088 (banned) to Transmaster

Member

to Transmaster
said by Transmaster:

The same crowd that is the RIAA/MPAA is also PETA. Go to the PETA website and you will understand where these loonies are coming from. Be sure to check out the Lettuce Ladies. The sweeties used to actually wear nothing but lettuce leaves but apparently when they where protesting at conventions of meat producers the learing convention goers wilted the leaves too fast.
sorry thats wrong peta is about bad treatment of animals HOLLYWOOD IS A ANIMAL THAT WE SHOULD PUT TO PASTURE AND OUT OF ITS MISERY
see differance

one just osme nutty people who dont eat meat one eats meat , over uses electricity ( see LA at night) and is all about treatign kids right ( SEE LA's prostitutes )

Transmaster
Don't Blame Me I Voted For Bill and Opus
join:2001-06-20
Cheyenne, WY

1 edit

Transmaster

Member

Re: What a waste


Lettuce Ladies
 

Broccoli Boys
If PETA was only about the bad treatment of animals it would be OK. But look at what they espouse they look upon domestic dogs as slaves and should not exist. Don't drink milk because milk cows are slaves. If you eat a ham sandwich you are evil. Wear leather shoe you are evil. The Lettuce Ladies, and the Broccoli Boys are for real. I do agree the Hollywood Land crowd should be laughed at. The point is the same loons that support and work with the major studios are either members or for political reasons support PETA. The same mind set rules both.
Timmn
join:2000-04-23
Tinley Park, IL

Timmn

Member

The US needs Judges like Justice Cowdroy

Maybe then the RIAA/MPAA could focus their energy on making a business model that actually works rather than fighting to preserve one that should have died with the Dinosaurs.

fatness
subtle

join:2000-11-17
fishing

1 recommendation

fatness

Re: The US needs Judges like Justice Cowdroy

said by Timmn:

Maybe then the RIAA/MPAA could focus their energy on making a business model that actually works rather than fighting to preserve one that should have died with the Dinosaurs.
What I object to is the way the RIAA and MPA are constantly trying to manipulate and use governments to force other industries and their own customers into propping up their business model.

Overtkill
Premium Member
join:2005-09-21
Tooele, UT

Overtkill

Premium Member

Re: The US needs Judges like Justice Cowdroy

What really sucks about them trying to influence the government is the way they play parrot. They keep repeating and spouting the same shit over and over again through their lobbies, until the old farts on capitol hill start believing it!

The studios and the record industry need to go to hell, and learn to adapt to the rest of the world instead of vise-verse.

fatness
subtle

join:2000-11-17
fishing

fatness

Re: The US needs Judges like Justice Cowdroy

Unfortunately that's a fairly successful tactic they learned from....... politics.

Overtkill
Premium Member
join:2005-09-21
Tooele, UT

Overtkill

Premium Member

Re: The US needs Judges like Justice Cowdroy

Haha! No doubt about it!

gatorkram
Need for Speed
Premium Member
join:2002-07-22
Winterville, NC

gatorkram

Premium Member

Good news

I have always maintained, an ISP shouldn't be responsible for what their end users do, over their networks.

I'd love to see some results like this in the US.

Where are all the loud mouths at?
vag16v
join:2001-07-27
hereandthere

vag16v

Member

It only makes sense

If the RIAA/MPAA etc can't find ways to control pirating of THEIR product, then that pretty much means they've been beat. Its plain and simple. Its not anyone else's responsibility to do they're job for them.
They're question should be "how can we prevent people from pirating our product?"
Answer..."we've tried and we can't figure it out yet".
So this means simply, that until they do learn how, then they are going to have to deal with it.
What is so hard to understand about that?

Dr Demento
I Vant Blud
join:2002-01-02
Denville, NJ

Dr Demento

Member

Re: It only makes sense

Their closing statement at this trial was probably akin to the crybaby session that one awarded exec of one of the big labels performed at this year's Grammy Awards stating that if media that isn't within their total grasp continues to be freely distributed that they would be forced to lay off their already probably underpaid backup musicians or what he called "startups."

Maybe once their model is taken down "startups" wouldn't feel the need to have to slave away so much for overinflated pop icons in order to be granted airtime later in their lives.
33358088 (banned)
join:2008-09-23

33358088 (banned) to vag16v

Member

to vag16v
said by vag16v:

If the RIAA/MPAA etc can't find ways to control pirating of THEIR product, then that pretty much means they've been beat. Its plain and simple. Its not anyone else's responsibility to do they're job for them.
They're question should be "how can we prevent people from pirating our product?"
Answer..."we've tried and we can't figure it out yet".
So this means simply, that until they do learn how, then they are going to have to deal with it.
What is so hard to understand about that?
answer is funny cause they too have been pirating since 1980 they havent paid any canadian artists and are being sued for 6 billion.
WHEN they don't pay why the frak should i or YOU?

and if you'd consider that download a cdr at 4 megabit = 2 cents cost that means you sending to me pay 2 cents then id say lowering your cost to a very reasonable 20cents a movie , 10cents a tv ep, and 5 cents a entire music cdr are quite healthy returns , this is why despite drives of people NOT BUYING they are still making money
TheMG
Premium Member
join:2007-09-04
Canada

TheMG

Premium Member

Sue the power co while you're at it...

If ISPs are being sued for allowing piracy to happen, then wouldn't that be the same thing as suing the power company for providing the electricity that makes marijuana grow-ops possible?

smw315
Premium Member
join:2002-07-18
Edison, NJ

smw315

Premium Member

HIGH FIVE, JUSTICE COWDROY!

It's really heartening and a big breath of fresh air to see that not all courts have caved in to the greedy demands and manipulation of the entertainment industries.

Sad to say, but only in America is pure greed a driving force in the justice system. Only here, can we be assured that the ISPs will bite the hand that feeds them.

Hpower
join:2000-06-08
Canyon Country, CA

Hpower

Member

Owned

The hell with Hollywood. Eat it. Glad they won and think that playing internet cop is stupid.