iiNet's success and Microsoft's future

05/02/10 posted by Liz Niland

In a landmark case between Hollywood and Australian internet service provider iiNet, a judge has ruled that ISPs can not be held accountable for the way individuals spend their time online. Brought by the Australian Federation Against Copyright Theft (AFACT) on behalf of major film studios, this case attracted widespread coverage for both the verdict and other facets of the trial - primarily Justice Cowdrey’s decision to allow journalists to use Twitter during court proceedings.

The verdict does not in anyway decriminalise movie piracy, but it does draw a rather definite line in the sand of responsibilities. While Justice Cowdrey found that certain iiNet users had breached copyright, he stated that "iiNet simply can't be seen as approving infringement" and that the "mere provision of access to internet is not the means to infringement".

As reported on Techdirt, iiNet were sent lists of IP addresses that studios knew to be involved in possible illegal file-sharing but did not act on the accusations. "We can't release the person's details to you on the basis of an allegation and we can't go and kick the customer off on the basis of an allegation from someone else'. So we say 'you are alleging the person has broken the law; we're passing it to the police. Let them deal with it'."

In other news, Dick Brass, Microsoft’s ex-vice president (1997-2004), has slammed the future prospects of the company saying it "has become a clumsy, uncompetitive innovator". It’s no spiteful rant though - Brass makes some interesting points regarding the way Microsoft has brought about its own demise by way of poor marketing efforts, internal sabotage and an inability to retain high level staff. Brass also notes that the reliance on the development of pure software (albeit incredibly popular, successful software), with little emphasis on the innovation of fresh hardware solutions, is preventing Microsoft from reaching the all-encompassing heights of its biggest competitors.