Internet service provider (ISP) iiNet has claimed victory in a major legal battle over whether it should be held responsible for its customers downloading illegal content.
In a landmark case, brought against iiNet by the Australian Federation Against Copyright Theft (AFACT), Justice Dennis Cowdroy found iiNet was not responsible for the infringements of its users in the Federal Court.
“It is impossible to conclude that iiNet has authorised copyright infringement… (it) did not have relevant power to prevent infringements occurring,” Justice Cowdroy said in his judgment.
If AFACT had won there could have been far-reaching implications for the way in which ISPs police their customers for downloading copyrighted material such as movies, songs and television shows.
Justice Cowdroy recommended the application be dismissed, and that AFACT pay iiNet’s court costs.