Los Angeles – The Federal Court in Australia has rejected an
appeal from the motion picture industry, of a ruling from last year that found
Internet service provider iiNet was not responsible for copyright infringements
committed by users of its service, TorrentFreak reports.
The movie studios and local
anti-piracy organization AFACT sued iiNet in 2008, alleging the ISP was not
preventing its subscribers from engaging in online copyright infringement.
February 2010, the Federal Court ruled that iiNet was not liable for customers’
infringements, and an appeal of that ruling by AFACT and the studios has now
"I do not think [iiNet] could reasonably be expected to
issue warnings, or to terminate or suspend particular accounts, in reliance
upon any such notice in circumstances where it has been told nothing at all
about the methods used to obtain the information which lead to the issue of the
notice," the ruling reads.
"It cannot be right that, in effect, the
ISP, who has the power to prevent copyright infringement online and admitted
they were taking place, does not share the responsibility to stop them,"
said AFACT head Neil Gane.
The case is likely to be appealed to Australia’s
(DMW previous coverage)