[AusNOG] iiNet update

Nicholas Power npower at staff.highway1.com.au
Thu Feb 4 16:37:31 EST 2010

I see that MM is eager to engage with the film studios after this verdict. (Re: http://www.itnews.com.au/News/166367,video-malone-calls-for-film-industry-to-embrace-the-net.aspx ) I'm not surprised given that iinet IPTV is due for release soon. After hearing MM talk at the NBN forum in Perth this week content will become increasingly important in a residential market where technical advances (i.e. speed) becomes increasingly available to more and more of the population.

Nicholas Power
General Manager

Highway 1 (Aust) Pty Ltd
Premium Internet Solutions
Level 5, 10 William Street
Perth Western Australia 6000
Phone    1300 139 550
Fax          1300 794 469

From: ausnog-bounces at lists.ausnog.net [mailto:ausnog-bounces at lists.ausnog.net] On Behalf Of Darren Moss
Sent: Thursday, 4 February 2010 1:22 PM
To: Nicholas Meredith; Bevan Slattery
Cc: ausnog at ausnog.net
Subject: Re: [AusNOG] iiNet update

I think the judge is generalising, by saying that it was not purely via the use of "internet" services provided by iiNet that caused copyright infringement.
Instead, he is most likely suggesting BitTorrent is the "tool" being used to assist with the act of copyright infringement.

But at the end of the day, the "user" is the offending component in all this.

Thank goodness the court did not uphold the claim against iiNet. It could have led to all sorts of stupid claims by industries and providers who want to make a dollar out of people - the very people who most likely pay for and take their family/friends to use the service offered in the first place (ie: Cinema, Foxtel, SkyHome).

The movie industry needs to protect their own industry through their own means - ie: finding ways to protect their product or new ways to distribute their product, just the same way as other industries have done. For example - streaming internet radio stations pay a royalty to broadcast music and copyright content.

There's no point in litigating against (screwing) the service provider, because even if they (AFACT) won, what could service providers do to ensure they would not also be affected by the same claims both now and into the future.

What was all this over again ??? Oh yeah, entertainment. If the clever lawyers at AFACT engaged with the internet industry to legally distribute their content, I'm sure the majority of public internet users would be open to some form of user pays system.



Darren Moss
General Manager
Australia and New Zealand
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From: ausnog-bounces at lists.ausnog.net [mailto:ausnog-bounces at lists.ausnog.net] On Behalf Of Nicholas Meredith
Sent: 2010-02-04 3:58 pm
To: Bevan Slattery
Cc: ausnog at ausnog.net
Subject: Re: [AusNOG] iiNet update
On Thu, Feb 4, 2010 at 8:51 AM, Bevan Slattery <Bevan.Slattery at staff.pipenetworks.com<mailto:Bevan.Slattery at staff.pipenetworks.com>> wrote:
"copyright occured as result of use of BitTorrent, not the Internet"
said Justice Cowdroy

I couldn't be happier for the sane ruling on this case, but this begs the question, does this Judge have ANY idea at all what the Internet is? I'm referring to the context of a home user who sees the World Wide Web as the 'Internet' and E-Mail and everything else as just E-Mail etc. The statement above shows a lack of comprehension that all services are 'the Internet.'

Or are they breaking it down into OSI Layer2/3, where the Internet is defined as IP connectivity, and not the application protocols that reside above?

- Nicholas Meredith

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