Posted @ whirlpool - ILCF pt12

Published a couple of hours ago on the APCMAG site. Way too much data to cross-post into here, so here is the link and intro.

[quote]
http://apcmag.com/why_iinet_will_probably_lose_the_piracy_lawsuit.htm

Why iiNet will probably lose the piracy lawsuit

Dan Warne22 November 2008, 12:41 AM

A look at the Copyright Act suggests the movie
and TV industry have an unfortunately strong case
against iiNet. PLUS: Read the court documents yourself.
[/quote]

and

[quote]
the Copyright Act makes clear that an infringement doesn’t need to be proven first in order for an ISP to be liable for allowing it to happen. The group of movie studios suing iiNet are represented by the same lawyer (Michael Williams of Gilbert+Tobin) who sued Kazaa and won, and also successfully sued Stephen Cooper and his ISP E-Talk Communications for the MP3s4free.net website.

In those lawsuits, the industry didn't have to prove the copyright infringements were taking place before it sued the providers — the court accepted evidence during the cases of the infringements.

Unfortunately for iiNet, the law is angled in favour of copyright holders, not ISPs.
[/quote]

Which ever way you want to look at it, with ILCF being brought into play from our elected government side of things, and Big Business bringing legal pressures to bear from their copyright infringements and profit-loss side of things, it certainly doesn't look like a very good time to be a traditional sort of ISP at the moment.

Seems to me that ISPs interested in maintaining profits and avoiding fines etc, are going to have to learn to jump through a whole new bunch of hoops in the near future.

regarDS