In their continued grappling with the role and function of law in cyberspace, courts are showing increasing understanding of internet-based business models.
In a recent case the courts found that it was not in a service provider’s commercial interests to have users infringing copyright. They found that Australia’s third largest internet service provider had not authorised copyright infringement by continuing to make the internet available to users who downloaded films and TV programs using the BitTorrent system after it had knowledge that infringements of copyright were occurring.
The case suggests that courts will increasingly demand direct evidence of infringements rather than being prepared to draw inferences from high-level surveys or reports carried out by infringement investigators.
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