RIAA DtecNet in Hollywood iinet case
Time Warner, Viacom, Fox, Sony, NBC Universal and Disney, and the Seven Network, say Australian ISP iiNet is a copyright infringer.
What they really mean is: your customers are criminals and thieves – the ones who share with each other, that is.
That’s not so, said iiNet.
Hollywood’s AFACT went after iiNet for unspecified damages for allegedly, “failing to stop its customers from pirating films using BitTorrent technology,” said the Hollywood Reporter at the time.
However, in a landmark case, iiNet continues to steadfastly refuse to admit, “any of its users engaged in illegal downloading, despite forensic evidence presented by movie studios that apparently shows the date and time of thousands of individual copyright infringements,” says The Age.
“However,” continues the story, iiNet lawyers, “foreshadowed possible arguments that infringements did not occur, by questioning whether transferring files over BitTorrent on a ‘one-to-one’ basis was equivalent to making them ‘available to the public’ under copyright law.
“They also claimed that, because files are broken up into tiny ‘packets’ before being sent over BitTorrent, this may not be enough to suggest a ’substantial portion’ of a copyrighted file was distributed.”
Where did Hollywood [read the MPAA] get its ‘evidence’?
From Danish online scalp hunter DtecNet, named by Vivendi Universal, EMI, Warner Music and Sony Music’s RIAA to replace disgraced US ‘private eye’ MediaSentry.
“The studios hired online investigators DtecNet to intercept BitTorrent traffic and record all instances of iiNet users transmitting copyrighted movies illegally,” says The Age.
“They claim the evidence is iron-clad and barrister Tony Bannon, SC, was visibly frustrated that iiNet would not accept it.”
Interestingly, Bannon worked for the Big 4 when they were pursuing P2P file sharing application Kazaa, owned by Australian company Sharman Networks. At the cost of a $115 million settlement, it achieved its goal of moving to the corporate side of the fence.
Now, with Bannon up front, Hollywood claims iiNet in effect “authorised” customers’ copyright infringement by failing to disconnect them when notified of the infringements by the movie studios, says the story, going on »»»
iiNet’s barrister, Richard Cobden, SC, said the ISP was not required to act on a “mere allegation of copyright infringement” and used comments from former attorney-general Philip Ruddock that apparently back up this claim.
iiNet has previously said that the case was “like suing the electricity company for things people do with their electricity”.
The studios say DtecNet’s evidence is enough for iiNet to definitively determine whether a customer is trading movies illegally by comparing it with their own server logs.
The case is set for a formal hearing about October,” says The Age, adding the case will, “determine the lengths to which an internet provider must go to prevent illegal downloading on its network.
“A loss for the movie industry could leave it no choice but to go after individual downloaders, as has occurred in the US. However, if iiNet loses, all ISPs could be forced to disconnect customers identified by the movie studios as illegal downloaders.”
Stay tuned.
customers are criminals – Hollywood sues Australian ISP iiNet, November 20, 2008
Hollywood Reporter – Studios sue iiNet for piracy in Oz, November 19, 2008
The Age – iiNet faces the music in landmark case, March 25, 2009
online scalp hunter DtecNet – Dtecnet, the new RIAA Black Hole, January 14, 2009
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March 26th, 2009 at 2:40 pm
As long as the ISP delivers the customers name and address when required by a court order no further action need be taken, if the studios believe they have a cllaim its their job to enforce/protect their copyright claim under law, not the ISP, all ISP’s are covered by a blanket immunity law as they do not legally have the right to spy on their cusomers not to act against them on the behalf of hollywood, life sux when your a poorly informed hollywood lawyer.
Thankfully we live in a democracy where wishful thinking and “pretend” law are often ignored by those who know better.
September 18th, 2009 at 3:40 pm
My website was disconnected without warning an hour ago, without notice.
20 min later, my ADSL2+ Internet Connection was also disconnected without notice by iiNet.
Just luck that I have a backup wireless connection.
Be Warned. If it happened to me, it can just as easily happen you.
Both happened after I had just paid $30 for another domain name, and $160 for a years web hosting which I never even got to use.
I first found out when the Username & Password I was sent by iiNet didn’t work. NICE!
Welcome to Communist China. I believe Nazi Germany started via censorship.
Be careful when obtaining a new Domain Name or Web Hosting.
Their quite happy to accept your money, but that’s no indication that you’ll ever get to use it, or even your existing internet connection. Ask Heaps of Questions First and get the Answers in Writing ! Their word is woth NOTHING.
I believe someone mentioned Democracy ? wonder what that means.