The Federal Court’s decision last week not to hold Perth-based internet service provider iiNet liable for peer-to-peer online copyright infringement has created uncertainty for providers of legal internet movie and TV services.On receiving the favourable ruling last week, iiNet chief Michael Malone extended an olive branch to copyright holders by encouraging them to co-operate with ISPs on legal online entertainment services.To read this report in The Australian in full, see:
www.theaustralian.com.au/australian-it/iinet-ruling-casts-cloud-over-legal-online-content/story-e6frgakx-1225828042312Also see:The ‘Down Under’ and the iiNet decisions
In brief: Two Federal Court decisions handed down last week will have important ramifications for those dealing with intellectual property in Australia. In a landmark judgment, it was found that Internet service provider iiNet was not liable for any copyright infringement committed by users of its services. In the second ruling relating to the Men at Work song ‘Down Under’, it was found that two bars of the popular folk tune ‘Kookaburra sits in the old gumtree’ were copied in the flute riff of ‘Down Under’, even though the riff was not a substantial part of ‘Down Under’ itself.ISPs off the hook – for now
www.aar.com.au/pubs/ip/foip8feb10isp.htmCopyright infringement of well-known musical work
www.aar.com.au/pubs/ip/foip8feb10.htm