Posts Tagged ‘ authorisation ’

The ‘means’ of infringement: tracing a line through Moorhouse, Tape Manufacturers, Cooper, and Kazaa (via Sony)

The ‘means’ of infringement: tracing a line through Moorhouse, Tape Manufacturers, Cooper, and Kazaa (via Sony) The iiNet judgment traces an interesting line through authorisation liability in the context of technology cases. Cowdroy reads the technology authorisation cases (Moorhouse, Australian Tape Manufacturers, Cooper, and Kazaa) as predicating liability firstly upon whether the defendant has provided [ READ MORE ]

iiNet did not ‘authorise’; providing internet access is not providing the ‘means’ of infringement’; safe harbours are effective

[ edit: full decision is now available: Roadshow Films Pty Ltd v iiNet Limited (No. 3) [2010] FCA 24. More commentary to come. ] More analysis on iiNet, after I have seen the written summary of the judgment. Justice Cowdroy found that iiNet did not ‘authorise’ the infringements of its users. In coming to this [ READ MORE ]

IIA Australian ISPs will not forward copyright enforcement letters

  • August 4th, 2008
  • Posted in Uncategorized

copyright, privacy, isp, secondary liability, safe harbours, authorisation, afact, iia There is always a danger when intermediaries are pressured to act in the interests of copyright owners. There is little oversight, large risks to privacy, and little incentive to refuse in the interests of subscribers. Pressure on intermediaries really alters the copyright balance, making it [ READ MORE ]

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