AFACT v iiNet - The bell sounds for round one

05.10.2009

The case, being heard by Justice Cowdroy will run for two weeks on, two weeks break and then two weeks on again. Mid-November we may just have a new precedent for the interplay between ISPs, Internet use by individuals/organisations and copyright protection that has ramifications across the globe.

We also may have more clarity on the issue of what an ISP has to do in order to qualify for safe harbour protection (as described in the ) - which basically is the provision for exempting it from liability when copyright infringement occurs on its service.

And those aiming to stop the rampant infringement of their copyright, not just the big film studios and broadcasters but also small time artists and digital creators, may know whether this approach is one legitimate means to achieving their goals.

As a civil case AFACT is seeking either damages (money) or for a court order to make or stop iiNet from doing something. It's unlikely, though, that the argument will be over in the public sphere.

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