AFACT to try taking iiTrial to High Court

Powered by SC Magazine
 

Seeks to overturn authorisation ruling.

Film Studios locked in a copyright battle with iiNet have indicated they will seek leave to lodge a High Court appeal against a decision that seemed to absolve the ISP from responsibility for its users' alleged piracy. 

The decision by the Australian Federation Against Copyright Theft to pursue this course was widely tipped because it was the final hurdle before it could appeal for Government intervention.

The federation's director Neil Gane said the studios would seek a High Court ruling that iiNet had authorised acts of copyright infringement that occurred on its network.

Previous rulings by Federal Court Judge Dennis Cowdroy and by the Full Bench of the Federal Court found against the studios on the key point of authorisation.

But, buoyed by a judgment last month that afforded the studios significant concessions compared to the original judgment, AFACT said today it would seek leave to file a High Court appeal on the authorisation issue.

"In response to the Full Court's conclusion that iiNet did not have sufficient knowledge of the infringements to authorise them, the film companies will argue that iiNet did have sufficient knowledge, that it admitted the acts of infringement and that its CEO admitted on the stand that the evidence was 'compelling'," Gane said.

"We are confident of our grounds for appeal and hopeful that special leave to the High Court will be granted."

The move was unlikely to be met favourably by iiNet, whose chief Michael Malone blasted the film industry last month for "wasting" two years suing ISPs rather than coming to the table to negotiate a genuine long-term solution to online piracy."

Indeed, Malone reiterated previous statements today that even if the film industry won its High Court appeal, illegal downloading on internet networks wouldn't stop.

Only last week iiNet proposed the establishment of an "independent body" to handle allegations of copyright infringement against internet users, with the power to issue demerit points and fines for breaches.

That came as the Internet Industry Association resurrected attempts to create an industry code to deal with internet piracy on ISP networks.

Malone called on content owners to focus their efforts on making content legitimately available online in more places.

Copyright © iTnews.com.au . All rights reserved.


AFACT to try taking iiTrial to High Court
 
 
 
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)
  21%
 
End user computing (desktops, mobiles, apps)
  15%
 
Software development
  26%
TOTAL VOTES: 335

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

   |   View results
Yes
  57%
 
No
  43%
TOTAL VOTES: 139

Vote