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Movie Studios lose copyright case in Australia

B

brodricj

Well-known member
⭐️⭐️PATRON⭐️⭐️
A consortium of 34 movie studios including Village Roadshow, Universal, Warner Bros, Paramount, Sony Pictures and the Seven Network have today lost a major copyright infringement legal case in the Federal Court of Australia. They took the case against iiNet, an internet service provider, over whether they should be held responsible for its customers downloading content illegally, and whether it breached copyright itself by storing and transmitting the data through its system.

I know the crux of the case and the jurisdiction is different to the legal action facing Kaleidescape in the US, but it just goes to show that the heavy firepower of the movie studios and their legal beagles can be defeated in copyright protection cases.

The decision of the Federal Court can be subject to appeal in the High Court of Australia. If an appeal is lodged, the decision of the High Court is final with no further avenues of appeal.

I hope K can take some heart from this decision.
 
Very interesting Brodric, thanks for posting. I'm sure others will comment on this decision.


Jim
 
Holding ISPs responsible for user actions is like holding the AT&T liable for criminal conspiracy if crimes are discussed over the telephone. Then again, I didn't think the government could take your land away to give it to another private citizen that pays more taxes than you...
 
Hi

Im taking more and more interest in the legal battles that surround copyright protection, albeit because I now have an invested interest in a K system and wonder how the whole K - RealDVD fight against the DVD CCA will pan out.

I know this will be raised on a regular basis but am starting to wonder if they can indeed prevail? Could K and/or RealDVD not move their company to Antigua (as slysoft have)?

The last answer ofcourse but is it not possible? I can appreciate not everyone will want to move homes or leave family but Im asking from a business point of view.

Rgds

Panamar
 
Panamar said:
.......I know this will be raised on a regular basis but am starting to wonder if they can indeed prevail? Could K and/or RealDVD not move their company to Antigua (as slysoft have)?

The last answer ofcourse but is it not possible? I can appreciate not everyone will want to move homes or leave family but Im asking from a business point of view.

Rgds

Panamar
Click to expand...


Of course, it is "possible," but would never happen IMO. K, unlike the company you mentioned, has never intended to circumvent the IP rights of other owners, or current law in this area. From the beginning, they have attempted to follow the law and respect IP rights (why wouldn't they, they have a significant IP rights themselves). While unfortunate that the DVD CCA has chosen to litigate over the contract terms, K (again IMO) is not going to flee to some dark corner of the world to continue business, regardless of the outcome. Like any business, they will adjust. Blu-ray "may" be one such adjustment. We'll see.


Jim
 
Panamar said:
I know this will be raised on a regular basis but am starting to wonder if they can indeed prevail? Could K and/or RealDVD not move their company to Antigua (as slysoft have)?
Click to expand...
Sure they could, and that might insulate them to some degree... but what about your dealer? Not only would they still be selling you the contraband, but presumably would have to set foot on US soil to install it.
 
cinelife said:
Of course, it is "possible," but would never happen IMO. K, unlike the company you mentioned, has never intended to circumvent the IP rights of other owners, or current law in this area. From the beginning, they have attempted to follow the law and respect IP rights (why wouldn't they, they have a significant IP rights themselves). While unfortunate that the DVD CCA has chosen to litigate over the contract terms, K (again IMO) is not going to flee to some dark corner of the world to continue business, regardless of the outcome. Like any business, they will adjust. Blu-ray "may" be one such adjustment. We'll see.


Jim
Click to expand...

Im sure K will stay and fight their corner or I would not have commited. Im sure that Kaleidescape will ultimately do whatever is neccassary to remain in business within US law or where ever they may reside. They are a global concern or atleast are marketed globally. If they have the employee base that is prepared to move and continue to make K profitable then its always an option.

Many companies and individuals move for a variety of reasons, tax being the most obvious but not limited to production costs, personal skills and some to avoid legal conflict.
I really hope K wins the fight for the 'managed copy' debate. They should be left free to stay completely focused on the K experience.

Transepoch said:
Sure they could, and that might insulate them to some degree... but what about your dealer? Not only would they still be selling you the contraband, but presumably would have to set foot on US soil to install it.
Click to expand...

Which ever country the installer is based... would/is the installer considered a third party or a direct employee of Kaleidescape?
Is the telephone engineer who calls round to your home to install the line liable for any criminal activity that commences on it? Is the ISP responsible for the content that is downloaded via its network or indeed for the written content of this forum? Im sure K will use the law, as they already have done, to keep the company afloat.

Kind Rgds

Panamar
 
Mr.Poindexter said:
Holding ISPs responsible for user actions is like holding the AT&T liable for criminal conspiracy if crimes are discussed over the telephone. Then again, I didn't think the government could take your land away to give it to another private citizen that pays more taxes than you...
Click to expand...

offtopic, but whaaaat?
 
Outsider, the US Supreme Court upheld the right of a municipality to take land away from a land-owner under imminent domain to give it to another private citizen who was going to generate a higher amount of tax for the municipality.

I don't recall the specifics of the case, but imagine along the lines of "Sir, you must forfeit this house for market price to this person who will bulldoze it, subdivide it and put up 4 smaller houses that will increase the city's tax base. Here is your check. You have 90 days to move."
 
I just feel that it is important to note that there is a lot of misinformation being spread about copyright issues on the web, and a perfect example of that is illustrated by this thread. The case against Kaleidescape, as eggregious and stupid as it may be, has nothing to do with copyright at all. It is a state law contract case. No court has ever said that what Kaleidescape does infringes copyright, nor has any such case ever been brought against them.
 
Yes, that point is taken on board. But the crux of my intent in starting this thread was to highlight the case, and more specifically that the all mighty Movie Studio's can be defeated at court in a case that they bring....and for that there's hope that others can ultimately beat them too.
 
Imerge & managed copy

Good morning Gentlemen

I've just found this new article about Imerge's new AV system and it has stated that Imerge have left their dealers to install third party BD / DVD replicating software until the 'managed copy' debate is finalised.
Now, will the dvdcca being chasing down Imerge I wonder. They also showed this new system off in Amsterdam so I would imagine K have also seen it.

Quote:
However, we?ve yet to see any hardware or software which complies with the mandate. Which is why, confess Imerge, that when you buy an MS1 it will neither rip Blu-rays nor DVDs. Instead, your dealer will surreptitiously install non-Imerge software on it to do the job for you. A daft state of affairs, but such is the copyright confusion which surrounds commercial video these days. Imerge promises to enable Managed Copy as soon as systems and discs ship.

Full article here

Rgds

Panamar
 
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