Another copyright in project homes case

Some 5 years after it went hunting, Tamawood[1] has successfully sued Habitare (now with administrators and receivers and managers appointed) for infringing copyright in house plans. Copyright in some plans was infringed (Torrington v Duplex 1 & Duplex B); but not in others (Conondale / Dunkeld v Duplex 2 & Duplex A). One point of […]

Roadshow: second look

Now I’ve had some time to look at the Roadshow decision, I think it falls near the territory of the House of Lords’ Amstrad ruling but doesn’t go as far as the Supreme Court of Canada’s CCH Canada ruling. The only issue before the High Court was whether or not iiNet (the ISP) was liable […]

Roadshow v iiNet

The High Court has unanimously dismissed Roadshow’s appeal in the case against iiNet. On a first look, there are some references suggesting that our law is being brought back in line with the UK (CBS v Amstrad) and Canada (CCH Canada v Law Society of Upper Canada). Consideration will have to await further review. Although […]

ISP gets DMCA win in USA

The Ninth Circuit has affirmed the trial court’s summary dismissal of UMG copyright claims against Veoh on the basis of §512(c) – the ‘hosting’ safe harbour. UMG argued 3 reasons why §512(c) did not apply: First, UMG argues that the alleged infringingactivities do not fall within the plain meaning of “infringe-ment of copyright by reason […]

ISPs and filtering

While we wait with bated breath for the High Court’s deliberations on Roadshow v iiNet (transcript of hearing here, here and here), it is worth noting that the CJEU (formerly the ECJ) has struck down an injunction against an ISP which required the ISP to monitor all its users’ traffic and filter (block) copyright infringing […]

Roadshow v iiNet

The film studios have announced they have sought special leave to appeal from the Full Federal Court’s 2-1 decision dismissing their claim that iiNet infringed their copyright by ‘authorising’ its subscribers’ infringing activities. AFACT press release iiNet press release. Meanwhile, the iiA is still working on a workable solution for the future.

Roadshow v iiNet 2

Last month, iiNet (by the skin of its teeth) avoided being found liable for authorising the P2P infringing activities of users of its internet access services. Kim Weatherall and Ass. Pro. David Brennan provide their respective initial takes here and here. Perhaps in recognition that iiNet (and pretty much any other ISP) will be in […]

Copyright reform agenda

The Commonwealth Attorney General’s opening address to the Blue Skies conference is here. Some excerpts: International reforms: While recognising that the challenges of the digital era are a global, not just national, issue, the Attorney General identified access to cultural works by the visually impaired as an area for early action: An example of one […]