Studios lose the way in bigger picture

The campaign against internet piracy suffered a major setback in the iiNet
case last week, but the copyright wars are more than just a matter for the
courts. JULIAN THOMAS and RAMON LOBATO write...

The Perth-based internet service provider
iiNet, which won a remarkable victory against Hollywood in the Federal Court last week, used to advertise its various broadband plans on commercial
radio. Its ads began, "The question is, how big is a Gig?" The answer: "A Gig is about 500 hi-res photos or about 300 songs or five episodes of The Golden Girls. At iiNet we explain this to you so you can choose a broadband plan that's right for you ... it's not the size of the Gig, it's how you choose to use it."

During the case, iiNet's managing director Michael Malone was apologetic about the ad. Was the last sentence the key point - that subscribers control
what they do online? Or was iiNet really saying to its customers, we can help you steal Golden Girls
episodes, and any other movies or music you want,
and we'll let you know when you've reached your
quota? Fortunately for Australian ISPs, Justice
Dennis Cowdroy thought differently: the Golden
Girls reference was not an incitement to piracy, but
a joke about the improbability of anyone wanting to
download the Golden Girls.

The iiNet case is interesting in many respects, and
not only as an instance of pragmatic legal reasoning
combined with an impressive grasp of contemporary
viewing preferences. It shows how copyright law has
become a treacherous battleground between the
internet and entertainment industries, each armed
with completely different conceptions of the internet.

For the full article, please contact CCI on 07 3138 3556 or at infocci@qut.edu.au.