Iinet should be found innocent, as simply they should be classed as a general carrier...
Much like:
1. Qantas and other airlines - Are they sued if their customers bring into the country pirate DVD's from China or thailand... or drugs and other illegal paraphernalia?
2. Australia Post - Are they sued if their customers (ie receivers of mail) receive pirate DVD's or drugs?
3. Other international physical carriers. (Same as above).
The answer is that no other industry is responsible for the conduct of their customers, and act as a pure carrier service end-to-end. If this case is ruled against IINET, then common law would suggest that the other methods of bringing illicit material into our country would be targeted next.
A very dangerous precendent would be set here, applicable against ALL industries which import anything!
I just don't believe it will happen, because even if an adverse judgement IS made against iinet, then the federal government could enact retrospective legistlation protecting the internet industry as well as other related carrier businesses.
Just my thoughts - I'm no lawyer!
Tdl
IIN Price at posting:
$1.92 Sentiment: None Disclosure: Not Held
