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 Good Gear Guide newsletter!

Error: Please check your email address.

Tags AFACT v iiNetchannel 10channel 9

Our Back to Business guide highlights the best products for you to boost your productivity at home, on the road, at the office, or in the classroom.

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

Kathryn Edwards

Computerworld
Show Comments

Essentials

Microsoft L5V-00027 Sculpt Ergonomic Keyboard Desktop

Learn more >

Lexar® JumpDrive® S57 USB 3.0 flash drive

Learn more >

Mobile

Lexar® JumpDrive® S45 USB 3.0 flash drive 

Learn more >

Exec

Audio-Technica ATH-ANC70 Noise Cancelling Headphones

Learn more >

Lexar® JumpDrive® C20c USB Type-C flash drive 

Learn more >

Lexar® Professional 1800x microSDHC™/microSDXC™ UHS-II cards 

Learn more >

HD Pan/Tilt Wi-Fi Camera with Night Vision NC450

Learn more >

Budget

Back To Business Guide

Click for more ›

Most Popular Reviews

Latest News Articles

Resources

GGG Evaluation Team

Michael Hargreaves

Windows 10 for Business / Dell XPS

I’d happily recommend this touchscreen laptop and Windows 10 as a great way to get serious work done at a desk or on the road.

Aysha Strobbe

Windows 10 / HP Spectre

Ultimately, I think the Windows 10 environment is excellent for me as it caters for so many different uses. The inclusion of the Xbox app is also great for when you need some downtime too!

Mark Escubio

Windows 10 / Lenovo Yoga

For me, the Xbox Play Anywhere is a great new feature as it allows you to play your current Xbox games with higher resolutions and better graphics without forking out extra cash for another copy. Although available titles are still scarce, but I’m sure it will grow in time.

Kathy Cassidy

STYLISTIC Q702

First impression on unpacking the Q702 test unit was the solid feel and clean, minimalist styling.

Anthony Grifoni

STYLISTIC Q572

For work use, Microsoft Word and Excel programs pre-installed on the device are adequate for preparing short documents.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?