By Rohan Sullivan
SYDNEY (AP) --An Australian Internet provider cannot be held responsible for copyright violations when its users illegally download movies, a judge said Thursday in a ruling against major film companies.
The decision was likely the first of its kind, Federal Court Justice Dennis Cowdroy said, throwing out the suit by major film companies that sought to force the provider to stop its customers from downloading illegally or throw them off the Internet.
A group of 34 movie companies, including Australian branches of Universal Pictures, Warner Bros. and 20th Century Fox, claimed Australia’s third-largest Internet provider, iiNet, breached their film copyrights by failing to stop users from illegally sharing files.
Federal Court Justice Dennis Cowdroy ruled that while iiNet knew its users violated copyrights and failed to stop them, that did not mean that the provider was authorizing those breaches and it could not therefore be held accountable for them.
“I find that the mere provision of access to the Internet is not the means of infringement,” Cowdroy said in a summary of his 200-page ruling.
He said iiNet did not have the power to stop illegal downloads.
iiNet Managing Director Michael Malone welcomed the ruling and said his company wanted to work with the film companies to find ways iiNet users could access movies legally.
Neil Gane, the executive director of the industry group that represents the film companies, said the outcome was disappointing and an appeal would be considered.
Cowdroy said there was ample evidence that infringement of the movie companies’ copyrights was occurring on a large scale worldwide but that Internet providers should not be targeted for it “merely because it is felt that something must be done.”
“An ISP such as iiNet provides a legitimate communication facility which is neither intended nor designed to infringe copyright,” he said.
The judge said that as far as he was aware, the ruling was the first in the world in a suit claiming that an Internet service provider was authorizing copyright infringement by its users who engaged in illegal downloads.
Cowdroy said he allowed the proceedings to be published on Twitter – a first for Australia – because there had been so much interest in the case in Australia and overseas.
Oscar and Emmy-Winning Composer Kris Bowers Joins Barking Owl For Advertising, Branded Content
Music, audio post and sonic branding house Barking Owl has taken on exclusive representation of Oscar and Emmy-winning composer Kris Bowers for advertising and branded content.
Bowers’ recent film scores include The Wild Robot and Bob Marley: One Love, alongside acclaimed past works such as The Color Purple (2023), King Richard and Green Book. His contributions to television are equally impressive, with scores for hit series like Bridgerton, When They See Us, Dear White People, and his Daytime Emmy Award-winning score for The Snowy Day.
In addition to his work as a composer, Bowers is a visionary director. He recently took home the Academy Award for Best Documentary Short Subject for his directorial work on The Last Repair Shop. The emotionally touching short film spotlights four of the people responsible for repairing the musical instruments used by students in the Los Angeles Unified School District (LAUSD). The Last Repair Shop reflects the positive influence that musical instruments have on the youngsters who play them, and the adults in the LAUSD free repair service who keep them working and in tune.
Barking Owl CEO Kirkland Alexander Lynch said of Bowers, “His artistry, diversity of style and depth of storytelling bring an unparalleled edge to the work we create for global brands. His presence on our roster reflects our continued commitment to pushing the boundaries of sound and music in advertising.”
Johanna Cranitch, creative director, Barking Owl, added, “Kris first caught my attention when he released his record ‘Heroes + Misfits’ where he fused together his jazz sensibility with a deeply ingrained aptitude for melody, so beautifully.... Read More