BitTorrent: Sysadmins to face the music

Found on ZD Net on Sunday, 26 June 2005
Browse Legal-Issues

The federal court has ruled two systems administrators from Internet service provider (ISP) Swiftel can be sued for alleged music piracy, overriding an earlier decision.

Perth-based Swiftel has been accused of copyright infringement by major record labels -- which claim the ISP's employees and customers created a BitTorrent file-sharing hub for hosting thousands of pirated sound and video recordings.

The labels allege Swiftel's senior systems administrators Melissa Ong and Ryan Briggs ignored calls to remove Web sites that were in breach of copyright, and instead "treated the infringement notices like spam."

Swiftel's laywer protested, claiming only customers were responsible. However, in a twist, the ISP said a key customer in the case, Archit Jha, has already settled with the music industry's local piracy unit, Music Industry Piracy Investigations.

Jha had been named as the creator of "Archie's hub", a BitTorrent hub central to the case. However, the music industry has not included him as a respondent in its legal action.

Justice Branson noted Jha's situation and absence from the list of respondents. "Archie's [Archit's] someone who could be carrying the can here," she said.

A BT hub does not host pirated material; only torrent files, which only contain information about a file. And as long as providing information is legal, BT hubs are too. Case dismissed. I really should be a judge...