[TF]iinet Ordered To Hand Over Records of Pirate Customers - Overclock.net

5entinel · 06-16-09

Quote:

Several studios are currently taking legal action against Australian ISP iiNet. They accuse iiNet of failing to take steps to stop its subscribers from sharing files by disconnecting them from the Internet. Now iiNet has been ordered to hand over the personal details and logs relating to twenty alleged pirates, to anti-piracy group AFACT.

The battle between several studios - Village Roadshow, Universal Pictures, Warner Bros Entertainment, Paramount Pictures, Sony Pictures Entertainment, Twentieth Century Fox Film Corporation, Disney Enterprises, Inc. and the Seven Network (under the umbrella of AFACT), against Australian ISP iiNet continues to drag on. AFACT had demanded that iiNet disconnected alleged copyright infringers but the ISP refused.

Earlier we reported how AFACT had got an individual to sign up as an iiNet customer and commit a kind of ‘authorized copyright infringement’ in order to gather evidence on alleged pirates. AFACT then complained to iiNet of this individual’s ‘infringements’ but iiNet took no action against him, boosting the claims that the ISP knew about piracy, but did nothing about it.

Now, according to an iTNews report, iiNet has been ordered by Australia’s Federal Court to hand over the records of twenty ‘pirate’ customers. The information will include IP addresses allocated to these individuals and their “download histories” - it is far from clear what these records will consist of or how detailed they are.

The information will be used as evidence in the case, but fortunately for these twenty individuals, information which personally identifies them will be removed. The disclosures could’ve been even greater in number, since Steve Dalby from iiNet told iTnews that AFACT originally wanted the details from 300-400 customer accounts to be handed over.

An AFACT spokesman confirmed that several of the twenty accounts had been nominated by the anti-piracy group since these were tracked transferring material by their investigator.

Executive Director of AFACT Adrianne Pecotic commented, “We are confident that the sample of twenty accounts ordered by the Court to be provided by iiNet will be more than adequate to illustrate the infringing behaviour of iiNet’s subscribers.”

On the other side, iiNet has voiced concern that so far AFACT has refused to hand over documents which would reveal if it made copyright-related demands such as those outlined in this case to ISPs other than iiNet. Steve Dalby of iiNet said they were trying to work out why AFACT and its Hollywood paymasters had chosen to pick on one Australian ISP to take action.

“AFACT hasn’t told us what it is we didn’t do; they have simply said we didn’t take reasonable steps to stop copyright infringement on our network. What we’re trying to understand is what arrangements are defined as reasonable,” iiNet’s Dalby told iTnews.

“There are 400 ISPs operating in Australia. If we were expected to take specific actions that nobody else is required to undertake, we would argue that is quite unreasonable. So we are asking AFACT the question while under the confidentiality of the court - what agreements do you have with other ISPs?”

iNet will get their way on this request, as the court has ruled that the ISP can see any “form of demand” AFACT has served on other ISPs in Australia.

Wow...Its getting pretty hot under the collar for iinet

http://torrentfreak.com/anti-piracy-group-090616/

5entinel · 06-16-09

However,

Quote:

Perth-based ISP iiNet (ASX: IIN) has scored a minor victory in its legal battle with film and TV organisations that are pursuing it for alleged breaches of copyright by not preventing its customers illegally accessing copyright material via its services.

Security Compliance SECURITY SUMMIT 09 (Sydney July 17)

Village Roadshow, Universal Pictures, Warner Bros, Paramount Pictures, Sony Pictures Entertainment, 20th Century Fox and Disney, as well as the Seven Network initiated the action against iiNet last November. A view widely held in the industry was that iiNet had been targeted because of its size - big enough to matter but not too big to tackle - rather than for any specific behaviour different from that of other ISPs.

The Federal Court has now instructed the film and television organisations to take a more reasonable approach to discovery in the case. They had initially refused to give any discovery to iiNet and have now been ordered to co-operate with iiNet in relation to 21 categories of discovery, many relating to how the industry monitors and polices allegations of copyright breaches overseas. The Court also required the Australian Federation Against Copyright Theft (AFACT) to produce documents in relation to 19 categories of discovery.

http://www.itwire.com/content/view/25666/127/

Jackolantern · 06-16-09

I love it how they do after a small ISP in the most isolated capital city in the world, but dont touch anyone in the major cities with the huge ISPs or any of the US isps with Unlimited bandwidth and people just torrent all day.

Im with Iinet :S

/quit

Urufu_Shinjiro · 06-16-09

This is a big loss to internet privacy. This sort of stuff scares the crap out of me. I hope iiNet comes out on top and then sues AFACT for singling them out wasting their time and money.

For anyone wondering why this is important please listen to the first episode or two of the internet radio show Tales from the Afternow

Twinnuke · 06-16-09

just say no.

trueg50 · 06-16-09

Quote:

Originally Posted by Jackolantern

I love it how they do after a small ISP in the most isolated capital city in the world, but dont touch anyone in the major cities with the huge ISPs or any of the US isps with Unlimited bandwidth and people just torrent all day.

Im with Iinet :S

/quit

Australia has proven in the past to be weak when it comes to internet privacy (with various laws being close to being enacted for censorship and anti-piracy) matters, so naturally they were a focus point. Then they picked an ISP that was small, and thus might cave easily.

As each day goes on, I am happier and happier to be living in a country where the ISP's don't rule.

SLeeZeY · 06-16-09

Quote:

Originally Posted by Urufu_Shinjiro

This is a big loss to internet privacy. This sort of stuff scares the crap out of me. I hope iiNet comes out on top and then sues AFACT for singling them out wasting their time and money.

For anyone wondering why this is important please listen to the first episode or two of the internet radio show Tales from the Afternow

The Ozzies are already behind a China-like firewall, they have an uber banned sites list, half of its dodgy and the rest is completely random (a dentists site, and a horse riding school for example). I posted it on a german based forum while we discussed it.

They banned me lol

lol part 2, it was a dodgy tv/movie site

everyone loves a hypocrite.

denrocks2 · 06-16-09

Quote:

Originally Posted by Jackolantern

I love it how they do after a small ISP in the most isolated capital city in the world, but dont touch anyone in the major cities with the huge ISPs or any of the US isps with Unlimited bandwidth and people just torrent all day.

Im with Iinet :S

/quit

/quit would mean Begin

TestECull · 06-16-09

Quote:

Originally Posted by bolded are US companies

The battle between several studios - Village Roadshow, Universal Pictures, Warner Bros Entertainment, Paramount Pictures, Sony Pictures Entertainment, Twentieth Century Fox Film Corporation, Disney Enterprises, Inc.

How long till they pull this crap in the US, I wonder....The vast majority of the companies doing this are MPAA/RIAA members here in the US, and anyone in the US knows how the RIAA is the free-roaming industry terrorist over here.

Seems they're testing out their new customer shafting in a land where the legislative bodies are more supporting of it...

Jackolantern · 06-16-09

Quote:

Originally Posted by denrocks2

/quit would mean Begin

obviously don't play CoD at all

Yea, the huge firewall is up on all ISPs yet, just a few who "volunteered" to test it. Iinet refused to use it and created a discussion forums against it.

This is just the beginning. Now they are busting 20 WA pirates (who probably ripped some overpriced crappy movie x 30), but they they might go smaller, in terms of getting end downloaders, not just uploaders and sharers.
I wonder what the deal with rapidshare is. Ive heard that they don't give out IPs and information etc of paying users.

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[TF]iinet Ordered To Hand Over Records of Pirate Customers

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