Swiftel bid for higher court denied

The music industry's case against Swiftel for alleged copyright infringement will continue to be heard at the Magistrates Court, despite Swiftel's lawyers seeking a transfer to the Federal Court, Magistrate Rolf Driver decided on Wednesday.

Last week Music Industry Piracy Investigations, on behalf of the record companies, raided Perth ISP Swiftel's premises with a claim that the company hosted BitTorrent technology which it claims infringes on copyright laws.

BitTorrent technology enables Internet users to exchange or share data between them. The technology uses central Web servers, or "trackers", which contain IP addresses of users who have electronic files on their computers that they wish to make available for exchange with other users.

The offending Swiftel-hosted sites have since been shut down.

Swiftel's lawyers argued in court that the case should be heard in the Federal Court rather than the Magistrates Court, due to the complexity and novel nature of the case.

This is the first copyright case to be heard since amendments were made to the Copyright Act this year in response to the Australian-US Free Trade Agreement, they argued.

It is also the first case relating to BitTorrent technology and an ISP's responsibility, they said.

In response, lawyers representing Warner Music said technology was being developed all the time and new laws cannot be formed for every new piece of technology.

After three-and-a-half hours, Magistrate Rolf Driver decided that even though most music copyright cases heard in the Magistrates court have historically dealt with "CD's being sold in Petrol Stations and giving away free CDs at dance parties", he believed at this point that the Magistrate's court had the resources to continue hearing the case and there was no need for a transfer.

Even though there has not been a precedent with a case using amendments to the Copyright Act following the Free Trade Agreement, Magistrate Driver said he would take guidance from Justice Murray Wilcox, who is hearing the ongoing Kazaa case. He would also seek guidance from Justice Brian Tamblin, who is also hearing a case against ISP ComCen.

Both Warner Music and Swiftel Communications are due back in court April 7.

Join the newsletter!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.
Show Comments

Cool Tech

Breitling Superocean Heritage Chronographe 44

Learn more >

SanDisk MicroSDXC™ for Nintendo® Switch™

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?