[AusNOG] iiNet / AFACT appeal dismissed

[Mark Smith]

On Thu, 24 Feb 2011 16:07:30 +1000
David Hughes <David at Hughes.com.au> wrote:

> 
> 
> Exactly, hence the content of my email.  Congrat's to iiNet for this result but the wording of the judgement raises other questions that the industry should consider.
> 

If it progresses down the wrong path, with luck we'll see car
manufacturers in court for bank robberies, knife manufacturers in court
for murders etc. ... perhaps the banks or insurance companies should
start proactively suing car manufacturers for crime losses.

> 
> David
> ...
> 
> On 24/02/2011, at 2:56 PM, Peter Tiggerdine wrote:
> 
> > I'd call this commiserations. Two of the chief justices sided with AFACT and
> > the findings seem to suggest that relying on current legislation is on
> > borrowed time. Nothing more. Common-sense would have being to throw it out
> > before it got the full bench of the high court.
> > 
> > iiNet have done well, but our industry as a whole will need to revisit the
> > issue in the no too distant future and come up with a new plan to mitigate
> > the legal risks. apprently offering legal methods isn't going to stop the
> > next ISP from being sued.
> > AFACT still have a right of appeal to the high court in Canberra. This waste
> > of public money is long from over.
> > 
> > Regards,
> > 
> > Peter Tiggerdine.
> > On Thu, Feb 24, 2011 at 12:14 PM, David Hughes <david at hughes.com.au> wrote:
> > 
> >> 
> >> 
> >> http://www.itnews.com.au/News/249187,breaking-iinet-victorious-as-film-industry-appeal-dismissed.aspx
> >> 
> >> Congratulations to all involved.   Chalk one up for common senses, although
> >> some of the language used in the judgement is a little concerning.
> >> 
> >> 
> >> David
> >> ...
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> >> 
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