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 big trouble if they sit on their hands when the next letter of demand comes.. Read More
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 area in which I am particularly keen to see a result this year in the.. Read More
Appeal dismissed: Roadshow Films Pty Limited v iiNet Limited  FCAFC 23 SMH report However, Jagot J dissented and Emmett J warned: Even though the Copyright Owners are not entitled to the relief claimed in this proceeding, it does not follow that that is an end of the matter. It is clear that the questions raised in the proceeding are ongoing. It does not necessarily follow that there would never.. Read More
It’s never too late to discover a government inquiry (at least before the legislation comes through)! Back in December, the Minister for Broadband, Communications and the Digital Economy announced a Convergence Review. Media Release, draft Terms of Reference and “home page“. Given its departmental provenance and some of the discussion in the Background Paper, it might be thought the Review is mainly targeted at the Telco Act, the Radiocommunications Act.. Read More
IPRIA and CMCL at Melbourne Uni. are holding a half-day forum on 18 March on: iiNet Larrikin (Down Under) Telstra v PDC Speakers are: David Brennan, Melbourne Law School Melissa de Zwart, University of South Australia David Lindsay, Monash University Beth Webster, Intellectual Property Research Institute of Australia Philip Williams, Frontier Economics Details and registration here.
In case you have been on Mars, or locked in a conference room writing submissions, you have probably heard that the Federal Court has rejected the music industry’s attempt to impose liability on iiNet, and ISP, for copyright infringement by authorising the infringing activities of users of its network. Roadshow Films Pty Ltd v iiNet Limited (No. 3)  FCA 24 (636 para judgment) here. Since I will find myself.. Read More