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"It is unfortunate that the rights holders are targeting an ISP because under Australian law, internet service providers may generally be considered conduits which provide carriage services, and as such are not responsible for copyright infringements carried out by customers using their internet services,'' the spokesperson said.

This position is reflected in sections 39 (B) and 112 (E) of the Copyright Act 1968 (Com), and in the safe harbours set out in Division 2AA, which were introduced protect ISPs from being onerously required to enforce intellectual property rights where they are merely providing carriage services.

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