Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Universal Music Australia Pty Ltd v Cooper [2005] FCA 972
INTELLECTUAL PROPERTY – copyright – infringement of copyright – downloading of copyright music recordings from the internet – no licence to download the music recordings – music recordings stored on remote websites – Cooper website provided hyperlinks to remote websites – internet users able to independently add hyperlinks to the Cooper website – Cooper website was highly organised and contained charts of music recordings and search engines for music recordings – Cooper received free web hosting from E-Talk/Com-Cen in return for advertising their logo on the website – extent of knowledge of the other respondents of the content of the Cooper website – whether Cooper directly infringed the exclusive right to communicate the sound recordings to the public – whether respondents infringed copyright by authorising the infringements of copyright by the operators of the remote websites or the internet users who downloaded the music sound recordings – whether respondents liable as joint tortfeasors – whether respondents sold or exposed for sale an article – meaning of "article" – whether US Free Trade Agreement Implementation Act 2004 (Cth) applies retrospectively to this situation TRADE PRACTICES – misleading and deceptive conduct – whether website and/or domain name conveyed misrepresentations regarding the legality of downloading copies of the music sound recordings from the internet EVIDENCE – rule in Jones v Dunkel (1959) 101 CLR 298 – strengthening of adverse inferences by failure of the respondents to call witnesses WORDS AND PHRASES – "article", "make available online", "person responsible for determining the content" Trade Practices Act 1974 (Cth) ss 52, 53, 75B 82 Queensland Fair Trading Act 1989 (Qld) ss 38, 99 Fair Trading Act 1987 (NSW) ss 42, 68 Copyright Act 1968 (Cth) ss 10, 21, 22, 24, 39B, 85, 101, 103, 111A, 112E, 115, 116, 132(9), 134A(1), Pt V Div 2AA Copyright Amendment (Digital Agenda) Act 2000 (Cth) s 3 US Free Trade Agreement Implementation Act 2004 (Cth), ss 116AF, 116AG, 116AH
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