[AusNOG] So are iiNet condoning illegal piracy?

[Mark Andrews]

In message <CAL6-p+RksoBjFRDyx4ed+DHpMJY1MC=MVRy9QkD7Jc84e1QnOw at mail.gmail.com>
, Mike Ryan - Brass Razoo Group writes:
> 
> By opposing legislation that outlaws criminal activity (intellectual
> property theft) are iiNet giving a tacit nod to illegal activities? ISP's
> and carriers are not liable for the behaviour of their clients. iiNet
> should stick to providing shareholder value and ensuring system
> availability.
> It's called "Rule of Law".

ISP's are not in a position to determine if a particular file
transfer or part thereof is permitted to be transfered under Copyright
Law of not.  They are not in possession of the facts to determine
this.  Even courts have trouble at times determining this.

Transfering a copyrighted file is not itself illegal act.  It is
transfering *without permission* implied or explict that makes the
act illegal.

If I have a music/video collection on my machine and am backing it
up remotely all the transfers are perfectly legal.  Yet if I send
track/video to someone that act is illegal.  I can also be using
the same tool to do both actions.

ISP's are not courts and should not be in the position of making
determinations that courts make.

Parallel importing by individuals for individual use is not illegal.
Parallel importing by companies for sale/distribution is sometimes
illegal / sometimes not.

This is a very nuanced part of the law.

Mark
-- 
Mark Andrews, ISC
1 Seymour St., Dundas Valley, NSW 2117, Australia
PHONE: +61 2 9871 4742                 INTERNET: marka at isc.org