Australian court rules hyperlinking constitutes copyright infrigement

Although Cooper didn't host pirated recordings per se, the court
found he breached the law by creating hyperlinks to sites that had
infringing sound recordings.

This is the first such judgement against hyperlinking in Australia.

Tamberlin found against all other respondents in the case, namely
ISP Comcen, its employee Chris
Takoushis, Comcen's parent company E-Talk Communications, and
its director Liam Bal.

In October 2003, the record companies, which included Universal
Music, Sony, Warner and EMI, alleged that Cooper cooperated with Bal and
Takoushis to increase traffic to the ISP, and aide advertising revenue.

Subsequently, the court was told Cooper was unaware he may have
infringed copyright law, while E-Talk and Comcen argued they didn't know
of Cooper's actions.

In handing down his judgement today, Tamberlin said: "I am
satisfied there has been infringement of copyright.

"I won't make formal orders as yet. But since there's been
infringments ...the respondents must pay the applicants' costs."

Outside the Sydney court, Music Industry Piracy Investigations
general manager Michael Kerin said the verdict sent a strong message to
ISPs.

"This is a very significant blow in the war against piracy.

"The court has found against all the respondents. It sends the
message that ISPs who involve themselves in copyright infringement can be
found guilty.

"The verdict showed that employees of ISPs who engage in piracy can
be seen in the eyes of the court as guilty," Kerin said.