Aussie Film Industry Appeals ISP Copyright Case 137
schliz writes "The Australian Federation Against Copyright Theft (AFACT) has appealed a Federal Court judgement that this month exonerated ISP iiNet for its subscribers' copyright-infringing activities. In the widely publicised case, AFACT sought to penalize iiNet for its users having made 100k illegal downloads. A judge ruled that 'mere provision of access to internet is not the means to infringement,' but AFACT now claims the judgement 'left an unworkable online environment for content creators and content providers' and 'represents a serious threat to Australia's digital economy.'"
The courts should not ... (Score:5, Insightful)
change the law so that your business plan works.
Oh I I feel so sorry for them (Score:5, Insightful)
an unworkable online environment for content creators and content providers
Boohoo. They wanted someone else to do their dirty work for them, but now they have to actually use the legal system as intended which requires a great deal more effort. Cry me a river that they don't get a short cut to justice.
The internet is a threat to the digital economy? (Score:3, Insightful)
Digital Economy? (Score:5, Insightful)
All we want studios is to be able to legally obtain content in our Australian region when it is released in another region like the UK or US in a timely manner without all the local market bull-s*@t that you put us through time and time again so you can make more money by charging us more when we could buy it in the US or something where they have real market competition for cheaper.
Of course there will always be the bunch of people that infringe copyright that just want the stuff for free, and its these people I have no sympathy for, as its used as an excuse by content creators to screw us over time and time again as they seek their almighty dollars.
These people are insane. (Score:3, Insightful)
Since when is it the role of the courts to arbitrarily legislate to protect the failing business models of certain corporations?
Re:Unclear point (Score:4, Insightful)
the thing that's really pissed AFACT off is that they were ordered to pay iinet's costs to the tune of some 400k. guess there's no chance they will take this opportunity to reflect on the fact THEY are in the wrong.
Re:Why single out ISP's ? (Score:5, Insightful)
why the fuck should iinet (and by extension it's customers) have to foot that cost just to protect the film industries clients? fuck their IP, i don't get to DEMAND the local council provide free security and install an alarm free of charge in my house because someone might steal my property, just because the local council provides the footpath theives walk on.
Re:The internet is a threat to the digital economy (Score:5, Insightful)
To be honest the internet is a threat to the digital economy --------- of the middle men, those that contribute nothing but, hmm, bullshit. The publishers who spend their lives lying about the quality of the content they 'publish', who produce (not create) some of the worst content imaginable (I not sure that word should be associated with the content they produce) where they pay peanuts to the best performing casting couch specialists, the endless parade of one hit drunken drug addled performance artists.
What does this work or those people actually contribute to society, is their work to be considered a useful art, or should their narcissist sociopathic behaviour become a part of shameful history. Their willingness to corrupt everything they touch, law, politics, society, and even children and they believe they are worth protecting, that their ability to exploit and distort human mores to fit their own psychosis is of valuable to society.
So will the digital economy be better with or without them, how about the real economy, the one of humanity and the planets natural resources, can they continued to be wasted upon this groups their very public excesses, you could not find a group that consumes and pollutes more than them.
Re:The courts should not ... (Score:5, Insightful)
Their job is to make sure the market is running effectively.
Nope. Last time I did any sort of legal studies at school, the role of the courts was to apply the law to the matter at hand. They can also interpret the law in cases of ambiguity (eg for situations that didn't exist when the law was created). It's certainly not their role to set policies for commerce though. If the law says one thing they they have to apply it whether they think its fair or not.
If something attracts as much attention as this then the government might start floating around policy changes to 'fix' the situation up, but that's not the role of the courts.
('fix' is in quotes because the cynic in me says that it will be 'fixed' according to whoever throws them enough money...)
Re:The internet is a threat to the digital economy (Score:5, Insightful)
That money is not created, it is bled from the rest of the economy, a parasitical existence is not a contributory existence, they neither feed, house, clothe, heal, transport or produce useful usable goods. Plus, please do not confuse the exploited creators with the exploitative publishers. The creative commons, openly self published on the internet is a far more valuable and inclusive resource, where content is a participatory experience.
So profit and greed is what you claim as their one saving grace, hmm , drug dealers and pimps could also fit exactly that same profile and oddly enough they are equally destructive of society and as it turns out, they are also closely associated with the content publishing industry, now why do I not find that a surprise.
Re:The courts should not ... (Score:3, Insightful)
Re:Except for record labels (Score:2, Insightful)
But corporations are people too:(
At least in regards to most legal benefits afforded individual people. Less so in regards to disadvantages.
Re:I don't think so. (Score:3, Insightful)
Sony Launched the Walkman in 1979, but didn't get into the content production side of the business until 1988 with the purchase of CBS Records.
It's behaviour early on was inline with it's business at the time which was the manufacture of tape players. It's only when it started trying to produce content that its business model start conflicting with itself.
Sure... (Score:3, Insightful)
ObHeinlein (Score:4, Insightful)
It's time, once again, for the ObHeinlein:
There has grown up in the minds of certain groups in this country the notion that because a man or a corporation has made a profit out of the public for a number of years , the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary public interest. This strange doctrine is not supported by statute nor common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped ,or turned back, for their private benefit.
-- The Judge in "Life-Line"