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 […]

Copyright safe harbour scheme

Links to the Consulatation Paper on the Copyright safe harbour scheme for carriage service providers. Broadly, the safe harbour schemes provide some protection from some remedies for carriage service providers: Category A – acting as a conduit for internet activities by providing facilities for transmitting, routing or providing connections for copyright material Category B – […]

ACTA coming a little bit more out of the shadows

Michael Geist has a link to the leaked EU comments on the chapter for third party liability on the internet – being drafted by the USA. The Guardian has weighed into the debate. Kim Weatherall has emerged from her self-imposed seclusion to comment here, here and here. DFAT’s must recent summary and overview of key […]

Irish ISP and 3 strikes

IPKat reports that the case in Eire in which the record companies sued the ISP, Eirecom, has settled after 8 days of the scheduled 4 weeks of trial. Amongst other details, the ISP adopted a 3 strikes policy and the record companies deployed a service to monitor (entrap?) file”sharers”. Read more here. Some other background […]

IPRIA, ISPs and (Copryight) authorisation

IPRIA is hosting a free seminar on ISPs liability for authorising copyright infringement. Impressive range of panellists. Possibly the only hotter topic in copyright is what is a reproduction of a substantial part. Score a CPD point! 5 February 2009 at 5.30 for 6.00pm. Details via here.

Digital Economy – Future Directions consultation

The convolutedly named The Department of Broadband, Communications and the Digital Economy has issued a consultation paper for industry on the Digital Economy Future Directions. Apparently, the consultation draft arises from workshops held in August and September 2008. There is considerable useful detail about the state and composition of the digital economy in Australia and questions […]

The Internet Wars (copyright campaign) come to ISPs down under

The big movie studios have brought proceedings against iiNet, one of the larger (in a non-Bigpond sort of way) ISPs seeking to impose liability on the ISP for infringing downloading by its subscribers. The Application is here (pdf) and the Statement of Claim is here (pdf). Various analyses: Nic Suzor has a detailed view here Kim Weatherall […]