Posts Tagged 'infringement notices'

Comcast Funds BitStalker Anti-Piracy Research

No comments 10 March 2010 Under: Torrent News

comcastFor years the RIAA and other copyright holders have been sending copyright infringement notices to ISPs, requesting they forward them to their customers. ISPs including Comcast have always kindly complied with these requests, but remained a neutral party.

It therefore came as a surprise when we found out that three major US ISPs – Comcast, Cox and Warner Cable – have been funding research which aims to help copyright holders track down and gather evidence against BitTorrent pirates more efficiently.

Unlike most of the ‘passive’ BitTorrent tracking tools that are in fashion today, BitStalker uses an ‘active’ method through which they can actually prove that the BitTorrent client associated with an IP-address is sharing files. Where the passive methods wrongfully accuse 1 in 10 downloaders, BitStalker promises to avoid such false positives.

The researchers who developed BitStalker further claim (pdf) that their tool is much more effective than the current competition, as it would allow copyright holders to get information on 20 million BitTorrent users for a bargain price of $12.40. What remains unclear, however, is why three large ISPs are interested in funding this project.

It is no secret that the RIAA has been pushing Comcast, Cox and other ISPs to take stricter measures against copyright infringers, including the ultimate sanction of terminating customers’ Internet access. However, thus far the ISPs have largely maintained their neutral position as information carriers.

Whether the funding of BitStalker’s research is a signal that this may change is open for speculation. Another argument for ISPs to join could be that they want to protect their customers from receiving copyright infringement notices in error.

Regarding the BitStalker method of tracking BitTorrent users, we can say that it is not as revolutionary as the researchers portray it. TorrentFreak spoke to several people who are currently operating the largest BitTorrent trackers on the Internet and none of them was impressed by BitStalker’s technology.

If BitStalker is indeed implemented the large scale monitoring will have to be executed from thousands of IP-addresses. Most trackers have rules in place so that one single IP-address will be banned from the tracker if it connects to too many torrents.

Similarly, if BitStalker was put on a cloud service like the research suggests, it wouldn’t take long before these IP-ranges would appear in block-lists, rendering BitStalker useless.

If we add to this that BitStalker’s active BitTorrent tracking method will require users to be ‘connectible’, which a large percentage of users aren’t, this means that it will result in many false negatives. The researchers report that they could only connect to less than half of all available peers, which might be caused in the main by the connectability issue.

Whatever the motivations are for Comcast and the other ISPs to fund this project, the good news is that less people will be accused of uploading something they haven’t. Whether BitStalker will really be that more efficient depends on one’s definition of efficiency. For now, we doubt that it will result in a global BitTorrent crackdown.

Article from: TorrentFreak, check out our new blog at FreakBits.

Popularity: 2% [?]

UK Says ‘No’ To Disconnecting File-Sharers, Sort Of

No comments 22 February 2010 Under: Torrent News

In November 2009, details finally became public concerning the UK Digital Economy Bill, which aimed to turn elements of Lord Carter’s Digital Britain report into law.

Part of the proposals indicated that Internet users would face being monitored by the music and movie industries. Their ISPs would then be required to pass on copyright infringement notices based on evidence supplied by anti-piracy tracking companies.

If file-sharing wasn’t reduced by 70% in 2 years using these ‘educational’ measures, alleged persistent infringers faced the ultimate sanction of being disconnected from the Internet.

The proposals were met with massive opposition, with ISP TalkTalk going as far as threatening legal action over what it says amounts to a breach of human rights.

Adding to the pressure, a petition against the proposals was launched on the Number 10 website demanding;

“We the undersigned petition the Prime Minister to abandon Lord Mandelson’s plans to ban individuals from the internet based on their use of ‘peer to peer’ file sharing.”

The Government has now responded, and for TalkTalk and the countless others who share their views, on the surface it seems like good news, but a closer look reveals a somewhat disappointing result.

In its response the Government says that it wants as many citizens as possible to enjoy the benefits of the Internet and recognizes that technology has changed the way people access media content, in some cases “faster than products and services commercially on offer have developed” – an apparent reference to the superior accessibility of unauthorized downloads.

The Government goes on to say that they take the interests of artists and creators very seriously and have been working hard to find solutions to online copyright infringement. Nevertheless, they will not require ISPs to monitor their users to detect infringements and downloaders will be pretty safe, as is the case now, with detection being focused on those who upload material without permission.

On potential disconnections for persistent file-sharers – the key issue for many – the Government goes on to say:

“We will not terminate the accounts of infringers – it is very hard to see how this could be deemed proportionate except in the most extreme – and therefore probably criminal – cases.”

What categorizes an infringement as ‘criminal’ is open to interpretation, but is likely to mean very large-scale infringement, infringement for profit, or both. So good news then? Well, not quite.

Despite throwing out absolute permanent disconnections as a measure against file-sharers, the Government is still considering other ‘technical’ solutions if the ISP warnings aren’t effective including “band width restriction, a daily downloading limit or, as a last resort, temporary account suspension.”

So we’re back to disconnections again. In terms of time, ‘temporary’ is not defined. Of course, anything less than ‘permanent’ fits the wording. A day? A month? A year?

Another part of the response which has been mentioned several times before and still remains puzzling is this section:

“In the cases of the most serious infringers, if a rights holder obtains a court order, the ISP would have to provide information so that the rights holder can take targeted court action.”

As anyone who has followed the activities of Davenport Lyons and ACS:Law will tell you, the personal details of anyone alleged to have shared a single file can easily be obtained by rightsholders.

Sadly, despite the headline-grabbing statements, it seems that little has changed with this response from the Government.

Article from: TorrentFreak, check out our new blog at FreakBits.

Popularity: 2% [?]

UGA Security Analyst Fired For Extorting File-Sharer

No comments 10 February 2010 Under: Torrent News

Copyright infringement is big business. Lawyers, nefarious anti-piracy outfits, spammers and scam artists make millions off file-sharers every year. These practices continue to expand as some turn out to be more profitable than actually selling music or movies.

One of the more profitable schemes are the copyright infringement notices that include the option to settle the issue for a few hundred dollars or pounds. After the RIAA scored two major victories against individual file-sharers last year, many people are now eager to settle immediately.

Dorin Lucian Dehelean, security analyst at the University of Georgia responsible for forwarding copyright infringement notices to students and staff, saw an opportunity to make a few bucks off these infringement notices himself.

Instead of forwarding an RIAA notice to the person associated with an IP-address, Dehelean decided to contact a female student accused of sharing copyrighted material with an interesting proposition.

According to UGA campus police chief Jimmy Williamson, Dehelean “offered to make the situation go away in exchange for money.” He promised not to inform Judicial Programs, so the student in question would be free from any kind of disciplinary measures the University usually takes in similar cases.

The student in question didn’t have any money and alerted a University employee who called in the police. The police decided to look into the case and sent over an undercover officer who went over to Dehelean, impersonating the student.

After Dehelean accepted the payment he was fired immediately and taken into custody for extortion practices. According to the campus police, Dehelean may have tried the same trick with other students, and they believe that at least one other student paid up.

“We are running down some leads that may lead us to other victims,” Williamson said. “We have information that makes us believe [Dehelean] might have had another transaction.”

If they’re done with their investigation, it might be a good idea to look into the practices of some copyright holders, to discover if these fall into the extortion category as well.

Article from: TorrentFreak, check out our new blog at FreakBits.

Popularity: 1% [?]

3 Strikes Coming To The United States Via The Back Door?

No comments 28 January 2010 Under: Torrent News

From this year’s State of the Net Conference, Alex Curtis from Public Knowledge is reporting on a panel entitled: “Copyright Strikes: When Has a Pirate Graduated to Internet Exile?”

While the panel consisted of representatives from IFPI, Center for Democracy & Technology, Computer and Communications Industry Association and the UK government. Notably missing were representatives from the RIAA and MPAA. They were present, says Curtis, but unusually observing quietly from the audience.

Those on the panel in favor of the “graduated response” are said not to have shied away from their positions.

In a discussion on whether the punishment fits the alleged crime, Shira Perlmutter, Executive Vice-President of Global Legal Policy at IFPI said sending infringement notices just isn’t enough, adding that termination of a user’s Internet account, however, is preferable to suing them.

When asked if “3 strikes” should come to the United States, Perlmutter pointed to the existence of the DMCA (disabling access to illicit content is already provided for under the legislation) and noted that there are “many conversations going on at different levels.”

Writing on the apparent disinterest in “3 Strikes” shown by the MPAA and RIAA by their lack of participation on a panel such as this, Curtis goes on to list several filings to the FCC which contain pro-disconnection statements by the groups, indicating that they are indeed asking the government to take action. Indeed, Curtis feels that their low profile at this panel points to the existence of “back room deals” already underway and aimed at putting their plans for the US into action.

Given that the music industry has all but given up on their strategy of suing new individuals for file-sharing (the MPAA never really started) and that IFPI has put its full-blown support behind proposed “3 Strikes” legislation in several different countries (even now carefully escalating a campaign in Sweden), it seems likely that at some point the United States will follow.

If it doesn’t come via a government mandate, says Curtis, it could come via a private arrangement between your ISP and content providers. And when you think about it, with all previous plans to end online piracy having failed, there’s very little for the copyright holders left to try. At this stage there can be little doubt that Big Media wants “3 Strikes” to become the global standard.

Article from: TorrentFreak, check out our new blog at FreakBits.

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Anti-Piracy Scheme “A Scam & Legal Blackmail” Say UK Lords

No comments 28 January 2010 Under: Torrent News

ACS:LawSince 2007, UK file-sharers have been threatened with legal action if they refused to pay several hundred pounds in damages for alleged copyright infringements. It started with the respected law firm Davenport Lyons, but when they dropped out as their reputation started to suffer, ACS:Law stepped in.

Although the threats and accusations are often sent to the wrong people due to the shoddy evidence gathering techniques employed, thousands have paid off the copyright holders fearing they would end up being in more trouble if they ignored the threats. The scheme has proven to be profitable for all parties involved, except those receiving the letters.

Leaked documents have shed light on these practices, revealing that the core motivation of the companies involved is simply to generate as much cash as possible.

It will hardly surprise anyone when we allege that ACS:Law and fellow anti-piracy outfits are clearly abusing copyright for profit. However, it is good to see that our views are being supported by several Lords in the UK.

In recent weeks the law firm sending out these mass copyright infringement notices has been discussed in the UK House of Lords. The video below shows Lord Clement-Jones labeling the operation as a scam.

Anti Piracy Scheme Labeled a Scam in House of Lords

It is surprising that in the UK, copyright holders – some of which have ‘leased’ copyrights from other companies for the sole purpose of cashing in on allegations of file-sharing – can demand the personal details of thousands of alleged file-sharers without having to provide hard evidence. In most other countries this would be prohibited due to privacy concerns.

Lord Lucas has raised this problematic issue, saying that the Lords must do something to ensure that citizens’ personal details are not given out to companies like ACS:Law “willy-nilly”.

Anti Piracy Lawyers Accused of “harassment bullying and intrusion” in the House of Lords

Like many file-sharers, some Lords would like to put an end to this copyright abuse, with Lord Lucas accusing the law firm involved of “harassment, bullying and intrusion”. But the criticism of ACS:Law didn’t stop there.

Noting that it could cost around £10,000 for those accused to protest their innocence, but a payment of ‘only’ £500 to make the accusations go away, Lord Lucas called the scheme “straightforward legal blackmail”.

For the public’s sake we hope they come up with a solution to end this madness. In the meantime, anyone accused by ACS:Law can learn exactly how this scheme operates and how to defend themselves efficiently, by downloading the ‘Speculative Invoicing Handbook‘ from consumer group BeingThreatened.

Article from: TorrentFreak, check out our new blog at FreakBits.

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AFACT v iiNet: Epic BitTorrent Copyright Case Concludes

No comments 26 November 2009 Under: Torrent News

AFACTThe copyright infringement case of AFACT – representing several Hollywood studios – and Aussie ISP iiNet (multiple links to all our earlier coverage can be found here, here, here, here and here) is set to conclude today.

Lead barrister for AFACT, Tony Bannon, continued with his aggressive approach to this case by issuing warnings to Australia’s Internet service providers on the issue of copyright infringement.

He said that iiNet and other ISPs who don’t want to handle copyright infringement notices (such as those issued by his clients) are happy to take money from their subscribers, but are shirking their responsibilities. The solution to this, he said, was for them to shut down.

“They [ISPs] provide a facility that is able to be used for copyright infringement purposes. If they don’t like having to deal with copyright notices then they should get out of the business,” he said, as quoted by ITNews.

This reluctance to deal with infringement notices at the behest of the studios has been one of the main points of contention in the case. The studios feel that iiNet should hand infringement notices to their customers and even disconnect them, while iiNet feels that it has no obligation to do so under the law, particularly when acting on the unverified evidence of a 3rd party.

Bannon went on to say that iiNet had made zero effort to deal with even a small percentage of the alleged infringements on their network, commenting: “…they say they can’t send a single notice to anybody, it’s like saying they can’t stop physical violence happening to the person next to them because there’s physical violence happening all around the world.”

Bannon said he believed that terminating a customer or two on allegations of infringement would have sent out a clear message to other potential infringers. But of course, iiNet knows that if they complied with that request the studios would be back saying “you did it there, why can’t you do it here…here….here….here…..”

Bannon went on to say that while iiNet denied it had any control over BitTorrent clients and the potential for users to operate them for infringing purposes, it did have the power to render the software useless.

“But if the user isn’t online there’s nothing the BitTorrent client can do to infringe,” Bannon told the court.

For its part, iiNet sits firmly behind Section 112E of the copyright act:

A person (including a carrier or carriage service provider) who provides facilities for making, or facilitating the making of, a communication is not taken to have authorised any infringement of copyright in an audio visual item merely because another person uses the facilities so provided to do something the right to do which is included in the copyright.

Earlier the Internet Industry Association (IIA) had applied to contribute to the case as amicus curiae, or ‘friend of the court’. Justice Cowdroy decided today that the industry group would have little to add to the case, since the issues it planned to raise had already been covered in detail by iiNet, mostly concerning the ISP’s commitments under the Copyright Act and Telecommunications Act 1997.

Earlier this week at their annual general meeting, iiNet boss Michael Malone gave company shareholders some painful news. The costs of defending the AFACT case had amounted to $4m AUD (approx $3.7m US).

The court proceedings are scheduled to conclude today, but the verdict will not be issued for several months.

Article from: TorrentFreak, check out our new blog at FreakBits.

Popularity: 3% [?]

Was the Digital Economy Bill Consultation a Whitewash?

No comments 23 November 2009 Under: Torrent News

Last week, details finally emerged concerning the Digital Economy Bill. In a nutshell, the bill aims to turn elements of Lord Carter’s Digital Britain report into law.

Internet users will face being monitored by the music and movie industries, and their ISPs forced to pass on infringement notices based on rights holder supplied evidence alone. ISPs will also have to keep records of who gets warnings and share this information with the rights holders.

If reduction targets aren’t met, file-sharers could have action taken against them by their own ISP, including the ultimate sanction of disconnection, all this without setting foot in a court. Also on the cards is allowing changes to UK copyright law without Parliamentary oversight, which means whatever the government decides to do, it can, with no threat of being blocked. Under the influence of the music and movie industries as it is, this can only go one way.

One of the benefits of living in a democracy is that entities like the Digital Economy Bill are preceded by everyone having their say. Rights holders, Internet service providers, consumer groups and, of course, the lowly individual, were allowed to participate via the BERR consultation.

While rights holders achieved almost everything they asked for and will undoubtedly be very happy with the outcome, the government insisted last week that ISPs were also widely supporting the Digital Economy Bill. But that claim turned out to be false, with the Internet Service Providers Association saying that it was “extremely disappointed” with aspects of the proposals aimed at illicit file-sharing.

Consumer groups also submitted to the consultation, including those from Which? and BeingThreatened, a portal created to provide help and support to ISP account holders who have been wrongfully accused of infringement by copyright holders.

“We are extremely disappointed, though not at all surprised with the nature of the response the government have given. Despite the 13 page response consisting of 11 pages of summary, much of which relates to the concern over the evidential collection, due process and appropriate appeal, the government makes absolutely no mention of this in the response,” they told TorrentFreak.

Indeed, as they quite rightly point out, the only items that remain in focus are those relating to protecting the entertainment industries by the introduction of technological solutions and a 3 strikes-style regime.

“The government response fails completely to put any provisions in place to deal with mistaken allegations. Whilst there is a right for appeal, there is no consequence to a rights holder for making vexatious and false claims,” they added.

Also of concern is that the new system being put forward by the government does not trump the old system, indeed they will remain in operation together. If rights holders and lawyers such as ACS:Law wish to continue with their campaigns of sending letters and demanding huge sums of money instead, they will be perfectly entitled to do so, perhaps with the added assistance of the new information ISPs will be compelled to store.

However, what BeingThreatened find most disappointing is that despite a large opposition to the plans to deal with file-sharing, many of the dissenting voices have simply been ignored, with the government giving submissions from rights holders and their umbrella groups absolute priority.

“This does not give the majority of respondents from our community a feeling that democracy has been observed. It is clear that the consultation, at least from the government’s point of view, was nothing more than a box-ticking exercise. It looks suspiciously like there was never any intent to engage in a transparent democratic process. I am certain that our group will not be alone in these views,” they added.

The full statement BeingThreatened can be found here and all the (corporate and individual) responses to the consultation are available on the BERR website.

Article from: TorrentFreak, check out our new blog at FreakBits.

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AFACT v iiNet: Tiny Bits of BitTorrent Transfers Aren’t Illegal

No comments 19 November 2009 Under: Torrent News

AFACTThe trial continues in the copyright infringement case of AFACT – representing several Hollywood studios – and Aussie ISP iiNet (multiple links to all our earlier coverage can be found here, here, here and here)

The case progressed in the Federal Court today, with iiNet barrister Richard Cobden continuing with his closing submissions.

As detailed earlier in the case, after AFACT sent many thousands of copyright infringement notices to iiNet, the ISP responded by sending them to the police. Cobden defended that decision today, claiming that the notices could constitute evidence of copyright crimes.

While the studios had earlier insisted that they would never sanction unlawful investigation methods, ITNews quotes Cobden as saying that in gathering that evidence, it was likely the investigators themselves had also committed offenses, breaching section 132AJ(1) of the Copyright Act.

The barrister said that both investigators committed primary acts of infringement online, and while AFACT had earlier claimed that iiNet users burned copyright material onto DVDs after downloading it, in fact the only evidence of that being done relates to the copies made by AFACT investigators.

Continuing to attack the evidence provided by AFACT and its anti-piracy partner DtecNet, Cobden returned to an earlier assertion that DtecNet investigators did not behave as normal BitTorrent users would. Regular users would allow their torrent client to connect to any peers, but DtecNet filtered out any that weren’t issued with iiNet IP addresses.

ARN quotes Cobden as saying this action was “foolish” as it slowed download times to several days. As we heard earlier in the case, this led to investigators counting the same infringement more than once.

Last week, Cobden argued that AFACT hadn’t provided any evidence that iiNet customers had engaged in copyright infringement as they were only sharing small parts of files (such is the nature of BitTorrent), rather than the “substantial” parts, as required under the law. In order to prove his point, Cobden went on to cite an earlier copyright case.

In 2002, Australian TV station Channel 9 sued Channel 10 citing infringement under the Copyright Act 1968. Channel 10 had broadcast short sections of Channel 9 programs The Today Show, Who Wants to be a Millionaire, Days of Our Lives and Sale of the New Century in their television show called The Panel. The view was that of the 11 segments played, only 3 were long enough to constitute infringement.

As anti-piracy tracking companies such as DtecNet only record an instance of alleged copyright infringement timed to a single second, Cobden is arguing that there is no evidence to prove any “substantial” part of any movie was shared by iiNet users.

Cobden went on to insist that in order to confirm that evidence of infringement provided by AFACT was indeed accurate (before passing notices to their customers), it would be necessary for the ISP to breach copyright.

“If one wanted to check the DtecNet evidence and see on a range of IP addresses supplied by iiNet that infringing material was online, the only way to do it would be to use the BitTorrent client like DtecNet did, construct the parameters of the IP address range, locate the file and compare it to details in the spreadsheets,” said Cobden, as quoted by ITNews.

Cobden said that if iiNet passed unproven infringement notices to its customers, it would face problems if the account holder disputed the claims. After all, iiNet had only AFACT’s word that an infringement had been carried out, but absolutely no proof or other information to have a meaningful discussion on the issue.

It is likely that Cobden will finish his closing submissions next Tuesday 24th. The Internet Industry Association’s application to become a ‘friend of the court’ will be heard on the afternoon of that day, bringing the original date forward by two days.

The case will then end either next Wednesday or Thursday, but readers are advised not to hold their breath for the verdict – it could take several months to arrive.

Article from: TorrentFreak, check out our new blog at FreakBits.

Popularity: 1% [?]

AFACT v iiNet: Judge Asked To Disregard iiNet Evidence

No comments 11 November 2009 Under: Torrent News

AFACTThe trial continues in the copyright infringement case of AFACT – representing several Hollywood studios – and Aussie ISP iiNet (links to our earlier coverage can be found here) and here.

The case continued in the Federal Court, with AFACT continuing to make its closing submissions, marked by further attempts by barrister Tony Bannon to ruin the credibility of key iiNet witnesses Michael Malone and Steve Dalby.

Referring yet again to iiNet CEO Michael Malone’s earlier and multiple assertions that his company could not disconnect subscribers on mere allegations from a 3rd party, Bannon pointed that Malone had earlier referred to the evidence collected by anti-piracy tracking company DtecNet in a more positive light.

“But when asked the question in cross-examination, the truth is they regarded the notifications as compelling evidence,” said Bannon according to ITNews.

Based on what Bannon tried to insist was a contradiction, that “compelling” and “mere allegations” were incompatible when referring to the same material, Bannon asked the judge to disregard iiNet’s evidence.

Although earlier information about DtecNet’s methods were revealed in a closed-court session, CW reports that the anti-piracy company operated by downloading a portion of a file from iiNet subscribers while recording the IP address, the time of the transfer and the date, the protocol, the client id and a hash value.

Reiterating his earlier claims, Bannon insisted that chief regulatory officer Steve Dalby had deliberately exaggerated his claimed lack of understanding of BitTorrent and the infringement notices sent to iiNet by DtecNet. While Dalby had said that he had waited for AFACT to send more information, in fact internal iiNet email evidence showed that Dalby had discouraged further investigation, he said.

Bannon went on to state that companies like iiNet benefit greatly from illicit file-sharing, since the activity consumes a lot of bandwidth – the commodity the ISP sells to its customers.

Referring to an iiNet press release from late 2008 where the company said it would defend the court case, Bannon said the ISP had stated it could not disconnect a customer on a simple allegation. This, he said, amounted to assuring customers of their safety when carrying out illicit file-sharing.

Earlier in the case, iiNet claimed to have taken “reasonable steps” to deal with infringement on its network, an assertion roundly criticized by Bannon. The AFACT barrister said that iiNet has a technique to limit a subscriber’s access to the Internet if they don’t pay their bills, so this could easily be applied when an allegation of illicit file-sharing is provided by his client.

Bannon also said that since Westnet, the company iiNet had earlier acquired, already had a system in place to notify infringers, it was a “nonsense” to say that iiNet hadn’t got the facilities to deal with AFACT notices.

Bannon went on to tell the court that iiNet’s participation in discussions 4 years ago with the Internet Industry Association to create a code of conduct to deal with copyright infringement allegations, also did not constitute “reasonable steps”, since it didn’t address the “day to day” problems. Furthermore, he said that the overall plan by the ISPs was to aim at “doing nothing”.

Going on to strengthen his claim that iiNet “authorized and encouraged” the infringements of its customers, and in the face of iiNet failing to carry out any actions that could be described as “reasonable steps”, Bannon asserted that this meant that the ISP effectively allowed its subscribers to do whatever they liked on their Internet connection.

The case continues.

Article from: TorrentFreak, check out our new blog at FreakBits.

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AFACT v iiNet: Barrister Tears Into iiNet Key Witnesses

No comments 10 November 2009 Under: Torrent News

AFACTThe trial continues in the copyright infringement case of AFACT – representing several Hollywood studios – and Aussie ISP iiNet (links to our earlier coverage can be found here)

The case continued in the Federal Court, with AFACT making its closing submissions and tearing into iiNet witnesses CEO Michael Malone and chief regulatory officer Steve Dalby.

The film industry, represented by chief barrister Tony Bannon, labeled Malone’s evidence as “incredible”, “evasive” and unreliable. Bannon said iiNet gave nothing but excuses for not acting on such notices and that Malone’s assertion that copyright laws should should be changed or an industry code introduced before he could act on infringement notices were “extreme”.

Since only Malone and Dalby appeared for cross-examination on behalf of iiNet, Bannon took the opportunity to criticize the company for not putting forward other staff from the company, who, Bannon claimed, would be better placed to answer the questions during the trial.

Bannon said this had put Malone and Dalby in the position of providing evidence on matters they knew nothing about, citing the pair’s lack of BitTorrent knowledge as a prime example.

“To put forward these two gentleman as the extent of familiarity of BitTorrent in the company is an entirely inaccurate picture of a company which plainly has a mass of technical expertise,” said Bannon, as reported by ITNews.

“It beggars belief that a company which paints itself as an Internet pioneer doesn’t have a level of knowledge within that company that knows exactly how the BitTorrent client works,” he added.

On an earlier claim where the iiNet CEO claimed to understand the BitTorrent protocol by not the operation of a torrent client, Bannon said it was a nonsense, to which insult to injury was added when it was revealed that iiNet operated its own BitTorrent tracker.

Bannon said it was clear to him that the only individuals in the court who claimed to know little to nothing about torrents were Malone and Dalby, but in reality the company understood the system perfectly well. Its motive for this stance, he said, was so that the company could distance itself from the accusations of authorizing the copyright infringements of their customers.

Bannon also heavily criticized Dalby’s evidence when he claimed to have the company’s policy on taking action only against repeat infringers “in his head”, insisting that no such policy exists.

iiNet is also asking the court to find its own terms and conditions both unenforceable and unreasonable, said Bannon as quoted by CW.

Although iiNet has asserted time and again in the case, that if a court ruled that someone had infringed copyright the ISP would disconnect them, the AFACT barrister said that iiNet’s own terms alone gave them the right to disconnect copyright infringers, and dismissed the ISP’s claims that the clause was unenforceable.

AFACT claims that iiNet engaged in secondary acts of infringement when it failed to stop its subscribers sharing illicit files on their network, citing the legal principles established in the 1975 case known as University of NSW v Moorhouse, details of which can be found here.

According to another report, the case could run over into a fifth week to 19th November and beyond to allow enough time for iiNet lawyers to prepare the company’s closing submissions.

The case continues.

Article from: TorrentFreak, check out our new blog at FreakBits.

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