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Monday November 23, 2009 6:11 AM AEST
Skip Navigation LinksPC Authority > News > The iiNet twenty: AFACT go after individual downloaders in court
The iiNet twenty: AFACT go after individual downloaders in court
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The iiNet twenty: AFACT go after individual downloaders in court

by Daniel Long  on Jun 16, 2009
"This is a shocking article, it's a pity more imagination than homework was applied. "iiNet ... are slightly erked [sic] that that the regular process of contacting indvidual users with cease and ..."
 
iiNet have been ordered to give up IP records of twenty file downloaders in the controversial court challenge between the Australian ISP and copyright group AFACT.

Things are really starting to heat up between the copyright cops and Perth based iiNet, as the court battle continues over the legitimacy of Aussie file downloaders and iiNet's role in the fight against online piracy.

According to a story at ITnews, iiNet has been called upon by the court to give up the priavte account details of twenty unlucky downloaders.  The iiNet twenty are going to be made an example of; originally AFACT (Australian Federation Against Copyright Theft) sought the records of 300-400 account holders.  Fortunately for those twenty, the details will be kept private and AFACT only have access to IP records.

However, those twenty symbolic iiNet users shouldn't feel alone. A recent Torrentfreak report suggested that Aussies downloaded as many as 6 million files in April across the auspicious P2P/Bittorent network, with most of those being directed through Bittorrent site, Mininova.  

It's obvious that a bit of perspective is needed in all this.

According to court reports, iiNet's main beef in the whole download argument, appears to stem from their problem with the copyright groups not being clear and open with them.  Six months into proceedings, the court process has been critised by iiNet for being long and drawn out with regular concessions needing to be ironed out throughout the case.

AFACT, which represent major stakeholders in the motion picture association, have incensed iiNet with their court tactics, as other ISPs (and some with much deeper pockets) sit back and watch without any so much as a mention of their involvement in the burgeoning download scene.

"Here we have more than 20 of the world's largest film and television organisations saying copyright breaches are an international problem and that we, as a small Perth-based ISP, should do something about, it but they won't provide information on what they are doing elsewhere in the world to tackle the issue", said iiNet Managing Director, Michael Malone.

In truth, all Australian ISPs are part of the 'scene' and any future solution will need to come from a concerted effort from all ISPs in the country; not just one.

As it currently stands,  the court battle is starting to paint AFACT as a schoolyard copyright bully. iiNet have consistently stated that they are happy to comply with all laws, but are slightly erked that that the regular process of contacting indvidual users with cease and desist letters is not being sought.

"The law currently provides a process for the applicants to pursue individuals who they think are breaching copyright laws when accessing the internet.  If the film and television studios are serious about copyright infringement they can, and should use, this process", Mr Malone said.

 

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Comments: 7
Thoughts on this article? Add a comment below.
j3d11
Jun 16, 2009 5:17 PM
Daniel Long has been taking lessons from the UK tabloids with that sensationalist title. AFACT has stated that it is not going after individuals, but ISPs, and sources of copywrite infringement.

Additionally, the 20 records iiNet will provide have the details of the person removed in accordance with the Privacy Act.


Comment made about the PC Authority article:
The iiNet twenty: AFACT go after individual downloaders in court?
iiNet have been ordered to give up records of twenty file downloaders in the controversial court challenge between the Australian ISP and copyright group AFACT.


What do you think? Join the discussion.
davidald
Jun 16, 2009 6:17 PM
Who cares if a movie star or producer makes $20000000 this year instead of $20100000 because of P2P. I d/load TV so I dont have to watch constant late night porn ads.

P2P is available , so people use it. If the movie and music moguls do not want us to take stuff they should lock it up.
Slatts
Jun 16, 2009 7:24 PM


Looks like j3d11 has a case.

Personally I think afacts owners should look at a calendar.

The twentieth century is over.

The internet is here now and damn near ubiquitous.

Stop alienating the users of it and work out a way to work with them and make a profit.

AFACT?

[size=6]AFARCE![/size]

dedsetmad
Jun 17, 2009 6:49 AM
If AFACT want to take "US" on, then let US stand united against THEM. I don't know how, but maybe we could jam their website, or flood them with emails that they are obliged by law to answer. Any bright ideas....use the GMail site...
Slatts
Jun 17, 2009 12:16 PM
Who is AFACT.

Know your enemy.

If you disagree with their methods and actions, boycott their products. Then they'll have something to whinge about.
spotts
Jun 19, 2009 11:52 AM
Lol it is not possible to "lock up movies" etc as suggested in an above post as the movie and games industry has to circulate their product to their clients to make a profit. They really do need to work out how to make a profit from movies on demand to your TV at a cheap price. The reason that mums dads and kids download content is that they think they won't get caught and in Australia at the moment they are right but perusing individuals won't make a different as individuals will still play the odds of "they won't target me if I am not one of the BIG pirating guys.

I buy games I play. I have downloaded games that don't have demos and played them and if I finish them I go out and buy the game and put it on the shelf. I have downloaded missed episodes of series I watch because only one isp www.abc.net.au/iview has their act together and doesn't post their shows for two weeks after they are aired. I have used hotspotshield to watch hulu.com to watch the end of the season of fringe a scifi series that started here but got canned and there was no legal way to see the end of the series.

But I tell you I am along amongst my middle aged friends who's kid downloads the latest flick at the movie and watches it as a family on Friday night. I try and model to my three children as they grow up, (one is a teenager), that just cause everyone else does it it doesn't make it right. As a father of three I know that your kids do what you DO and not what you say is the right thing to do so I have to model it to them.

I must be one of the only fathers I know that buys CD's and then rips them to my son's media player as I hate and I mean hate itunes DRM and won't buy CD's with protection on them.

I am no moral crusader and break the copyright laws by doing the above but try to live by the spirit of the law. I really don't know an answer to how one would stop downloading content that is so easily available on the torrent sites. People only obey the law for the most, if they know there is a penalty, when they get caught. But also there is an issue of privacy which if not kept can be abused by the copyright watchers.
SteveD
Jun 22, 2009 2:19 PM
This is a shocking article, it's a pity more imagination than homework was applied.

"iiNet ... are slightly erked [sic] that that the regular process of contacting indvidual users with cease and desist letters is not being sought."

The current process is that if any third party requires details of account holders, they have to get a court order or warrant and go after them. The so-called cease and desist approach is pointless because AFACT don't know who the hell they are accusing (it's just an IP address) so cannot say who the notices should go to.
It's laziness really, combined with an oversupply of rhetoric and an under-supply of commitment to Australian legal process.
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