Australian Anti-Piracy Group Threatening ISPs With Legal Action... Even Though Court Already Ruled Against Them
from the fantasy-land dept
Apparently, the Australian "anti-piracy" group AFACT (Australian Federation Against Copyright Theft) is living in a bit of a fantasy land. Despite losing badly in the courts twice by trying to force iiNet to act as a copyright cop, without knowing what is and what is not infringing content, AFACT is now warning other ISPs that they must become copyright cops, or else.The letter makes several references to the Federal Appeal Court's February ruling on AFACT's bid to make ISPs liable for copyright infringement by their customers.It seems kind of bizarre to cite a ruling in which you lost badly, as a reason why others need to do something that the court said iiNet didn't have to do.
It gives Exetel seven days to indicate whether it will "attend a meeting with AFACT" to discuss a system of graduated responses to online piracy.
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Not Bizarre at all, sadly.
From the Wikipedia article on Truthiness:
"Truthiness is a "truth" that a person claims to know intuitively "from the gut" without regard to evidence, logic, intellectual examination, or facts."
That sounds exactly like what AFACT is doing here...
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Hope it is all just hot air
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Re: Hope it is all just hot air
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Re: Hope it is all just hot air
Obiter, carry no legal weight whatsoever in the decision handed down and are therefore not binding on any party.
In this case it does suggest an interpretation of the current law that though it has has no bearing on the decision handed down, that totally wiped the floor with AFACT's specious arguments, this obiter might be useful in future cases.
This is because though it is an off-the-cuff and non-binding remark, having been stated by a judge, and in this case a High Court Judge of Australia (equivalent is Supreme Court in the USA) it can be interpreted as binding precedent in certain circumstances, as well as being extremely influential and persuasive to any lesser courts.
Therefore it is advisable to take this sort of obiter with more than just a grain of salt.
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Re: Hope it is all just hot air
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Re:
So it isn't quite pay as you go, but yes, we're not locked into long term contracts as a general rule. That said, there are only so many ISPs. When the majors inevitably fold (to stay in the government's good books, so they get lucrative deals on the new National Broadband Network currently underway), then the smaller players will follow suit.
Still hoping this doesn't happen, and they follow iiNet's lead and tell AFACT where to go. :)
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Theft vs Infringement
Judges tend to be markedly unimpressed when persons appear before them, who decline to use the correct terminology. The terminology is defined in the legislation. Judges expect all lawyers and clients to know it and use it correctly.
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Hmm
*puts on sunglasses*
A FACT in their favor.
*yeeeeaaaaaaaaahhhhhhhhhhhh!*
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Re: Hmm
We will no resume our scheduled programme.
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selective hearing/reading
Is the defendant present?
AFACT has accused you of theft of something they state own
Do you deny the charges?
will you be defending yourself?
Does AFACT have any further facts to put to the Judge?
Some people have heralded the Internet as the death of copyright.....
AFACT [redacted] "what I wanna hear" version..
Copyright .................................
Is ......................
..........................theft......................
...you ..................
will.....be..................
..........................................put to.......
..............................................death......
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RSVP
Dear AFACT,
Will it be within walking distance of our offices, and will there be snacks?
Sincerely, etc., etc.
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