AFACT v iiNet: ISP draws on TV copyright battle

ISP continued its closing arguments in the landmark copyright court case

Internet service provider (ISP) iiNet continued to draw on a 2002 copyright case between Channel 9 and Channel 10 over segments broadcast on The Panel as part of its case against the Australian Federation Against Copyright Theft (AFACT).

AFACT, who represents over 30 Hollywood film studios and TV stations, is suing iiNet and claimed a 59-week investigation into the ISP and its customers discovered "rampant copyright infringements".

While continuing to deliver closing submissions to the Federal Court of Australia, iiNet barrister Richard Cobden SC highlighted the 2002 case.

Cobden argued that the files of BitTorrent downloads are broken into parts that are not “substantial” enough to be deemed copyright, which echoes The Panel case of 2004.

Channel Nine sued Channel Ten over copyright infringement under the Copyright Act 1968, and alleged that the infringement took place through the broadcast of short segments of Channel Nine programs on variety television show The Panel.

The case of 2002 showed that copyright infringement took place when a “substantial part” of the subject matter was broadcast

At the time, Channel 10 applied the defence that it had not conducted copyright infringement because the segments taken from Channel 9 were not substantial in terms of quantity and quality.

Cobden said that out of the 11 clips which made up a “substantial part” of Channel 9’s programs, the judge ruled that only three were substantial.

Cobden also said that there are no records of the downloaded segments of the Pineapple Express film which amount to a “substantial part”.

The case continues.

Sign up for Computerworld's newsletters to stay up to date.

Got more on this story?Email Computerworld or follow @computerworldau on Twitter and let us know.

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags channel 9AFACT v iiNetchannel 10

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Kathryn Edwards

Computerworld
Show Comments

Father’s Day Gift Guide

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Luke Hill

MSI GT75 TITAN

I need power and lots of it. As a Front End Web developer anything less just won’t cut it which is why the MSI GT75 is an outstanding laptop for me. It’s a sleek and futuristic looking, high quality, beast that has a touch of sci-fi flare about it.

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Laura Johnston

MSI GS65 Stealth Thin

If you can afford the price tag, it is well worth the money. It out performs any other laptop I have tried for gaming, and the transportable design and incredible display also make it ideal for work.

Andrew Teoh

Brother MFC-L9570CDW Multifunction Printer

Touch screen visibility and operation was great and easy to navigate. Each menu and sub-menu was in an understandable order and category

Louise Coady

Brother MFC-L9570CDW Multifunction Printer

The printer was convenient, produced clear and vibrant images and was very easy to use

Edwina Hargreaves

WD My Cloud Home

I would recommend this device for families and small businesses who want one safe place to store all their important digital content and a way to easily share it with friends, family, business partners, or customers.

Featured Content

Product Launch Showcase

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?