Day 17: iiNet clutching at legal "splinters", studios claim

 

Film industry says case law in their favour.

Barristers representing the film industry claimed today in the Federal Court that case law referenced in iiNet's defence could potentially work against the ISP.

As the copyright case between the two parties entered its second day of closing statements, the film industry spent a considerable portion of the morning session presenting to Justice Cowdroy its reading of various judgements, including Adelaide Corporation v. Australasian Performing Rights Association, which iiNet had previously referenced in its defence.

The film industry's lead barrister Tony Bannon claimed that the Adelaide judgement supported the film industry's argument rather than iiNet's.

"Like much of the approach of iiNet in this case, they're grabbing onto splinters of statements in cases but also splinters of evidence in statutes," Bannon told the court.

"iiNet's argument is 'Please find our reasonable agreement which we reasonably entered into with our customers would be unreasonable for us to enforce'."

Bannon said that was "an absurd contention. But it's what they're driven to."

Bannon also revisited the allegation that iiNet was profiting from keeping illegal downloaders on its network.

He said that the structure of iiNet's internet plans, where there was a named account holder "without limitation of who may use the account", fed into the ISP's commercial interests.

"[iiNet chief Michael] Malone accepted it was in iiNet's commercial interest to be able to offer plans which did not require usage of the service to be limited to the named customer [account holder]," Bannon said.

"iiNet wants the benefit of selling plans which don't restrict usage to a particular customer. They derive the benefit of unnamed persons being able to access that customer [internet] account."

This was because the ISP had a commercial interest in maximising demand for bandwidth quota, it was alleged.

"[Malone's] evidence was there was a commercial objective to attract as many customers as possible but also to push them up to higher plans. Higher plans mean more money," Bannon alleged.

"The very persons with demand for bandwidth [quota] had an interest in downloading, and downloads count to your bandwidth quota unless you're doing it in the freezone.

"The very persons they [iiNet] have an interest in making money out of would be the very persons not interested in using freezone."

The case continues. You can follow the case in-full here. For a background on the case, click here.


Day 17: iiNet clutching at legal "splinters", studios claim
 
 
 
Top Stories
Meet FABACUS, Westpac's first computer
GE225 operators celebrate gold anniversary.
 
NSW Govt gets ready to throw out the floppy disks
[Opinion] Dominic Perrottet says its time for government to catch up.
 
iiNet facing new copyright battle with Hollywood
Fighting to protect customer details.
 
 
Sign up to receive iTnews email bulletins
   FOLLOW US...
Latest articles on BIT Latest Articles from BIT
Do you direct debit customers? Read this
Oct 10, 2014
Authorities have been targeting direct debit practices with iiNet and Dodo receiving formal ...
Optus expands 4G coverage
Oct 10, 2014
If you rely on an Optus phone for work you might be interested to know that there are now 200 ...
Microsoft Office is now free for some charities
Oct 10, 2014
Microsoft has announced that eligible Australian non-profit organisations and charities can now ...
Vodafone lights up 4G in Adelaide
Oct 9, 2014
Live and work in Adelaide? Vodafone has switched on its 4G network in the city and suburbs.
Next year tradies will be able to take payments using ingogo
Oct 3, 2014
Ingogo is going to provide a card payment service for Xero users.
Latest Comments
Polls
In which area is your IT shop hiring the most staff?




   |   View results
IT security and risk
  26%
 
Sourcing and strategy
  12%
 
IT infrastructure (servers, storage, networking)
  22%
 
End user computing (desktops, mobiles, apps)
  15%
 
Software development
  25%
TOTAL VOTES: 346

Vote
Would your InfoSec team be prepared to share threat data with the Australian Government?

   |   View results
Yes
  58%
 
No
  42%
TOTAL VOTES: 144

Vote