Copyright sense: iiNet wins in Federal Court
Good news on the wires this morning is that iiNet have won their case in the Federal Court. It has got high ranking press on the SMH site and ABC – an indication of how important copyright is becoming to the general public. Based on media reports (I haven’t had a chance to read the judgment), the court has downed AFACT on the key issue of authorising infringement. Moreover, the court has said even if iiNet was authorising, it would have the benefit of the safe harbour provisions in the Act.
Given media reports on the drubbing AFACT has received, I suspect an appeal will not be favourable. It is nice to see some sensible decisions on copyright enjoying a renaissance in Australian courts – particularly Stevens v Sony, and iiNet (and, to some extent, Kazaa) – after a long drought (ie since the Apple case in ’86).