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!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection

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

Cool Tech

SanDisk MicroSDXC™ for Nintendo® Switch™

Learn more >

Breitling Superocean Heritage Chronographe 44

Learn more >

Toys for Boys

Family Friendly

Panasonic 4K UHD Blu-Ray Player and Full HD Recorder with Netflix - UBT1GL-K

Learn more >

Stocking Stuffer

Razer DeathAdder Expert Ergonomic Gaming Mouse

Learn more >

Christmas Gift Guide

Click for more ›

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

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.

Walid Mikhael

Brother QL-820NWB Professional Label Printer

It’s easy to set up, it’s compact and quiet when printing and to top if off, the print quality is excellent. This is hands down the best printer I’ve used for printing labels.

Ben Ramsden

Sharp PN-40TC1 Huddle Board

Brainstorming, innovation, problem solving, and negotiation have all become much more productive and valuable if people can easily collaborate in real time with minimal friction.

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Ratchada Dunn

Sharp PN-40TC1 Huddle Board

The Huddle Board’s built in program; Sharp Touch Viewing software allows us to easily manipulate and edit our documents (jpegs and PDFs) all at the same time on the dashboard.

George Khoury

Sharp PN-40TC1 Huddle Board

The biggest perks for me would be that it comes with easy to use and comprehensive programs that make the collaboration process a whole lot more intuitive and organic

Featured Content

Product Launch Showcase

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?