iiNet vs. AFACT.  iiNet wins, comprehensively.  The summary makes for nice reading.  I believe the government should take particular note of this part:

The law recognises no positive obligation on any person to protect the copyright of another.

I think the government neither has to decide what we can and can’t access on the internet and needs to recognise and encourage people to take responsibility for themselves.

Roadshow Films Pty Ltd v iiNet Limited includes summary No. 3 [2010] FCA 24 4 February 2010.

What’s disturbing is the precedent such a case could set.  You wouldn’t be able to run a community web site without risking jail for the content your users post.

GOOGLE executives could be jailed over a video showing a teen with Down’s Syndrome being bullied.

Italian prosecutors have accused four current and former Google executives of defamation and failure to exercise control over personal data.

Google strongly denounced the case, calling it “a direct attack on a free, open internet.”

via Italian prosecutors seek jail for Google executives over bullying video | News.com.au.