Film industry loses Australian download case

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The Australian Federal Court has ruled in favour of internet company iiNet in a landmark case. [www.iinet.com.au]

Jamelle Wells

Last Updated: Thu, 4 Feb 2010 12:55:00 +1100

The Australian film and television industry has lost a landmark case against an internet service provider for letting customers download pirated movies and television programs.

The case against iiNet was filed in the Australian Federal Court by a number of applicants, including Village Roadshow, Universal Pictures, Warner Bros and the Seven Network.

The legal action came after an investigation by the Australian Federation Against Copyright Theft.

The companies claimed iiNet infringed copyright by failing to stop users engaging in illegal file sharing.

The Federal Court has ruled in the internet service provider's favour.

The judge said iiNet did not authorise copyright infrigement by individual users and was not liable for what was downlaoded by its customers

He said it's the first case of its kind in the world to go to judgement.

Outside Court, Neil Gane, from the Australian Federation Against Copyright Theft, said they're still considering an appeal.

Electronic Frontiers Australia's Jordie Guy says the decision strengthens the freedoms Australians have online.

"Certainly a strengthening example of a really great common sense decision."

"It's been a little bit grey to dark for civil liberties online over the last couple of years in Australia and we're really taking heart at this decision. We're really delighted with the way it's come out," he said.