Day Eight: Internet Industry Association hands over first documents

 

Seeks court order for documents that were already public?

The Internet Industry Association (IIA) produced its first documents subpoenaed by the film industry today before filing for access to affidavits and opening statements by both sides to help prepare its submission to the court.

At the close of the first fortnight of hearings, the IIA's barrister appeared before the Federal Court in Sydney to hand over an envelope of documents to Justice Cowdroy and the film industry.

But she asked the subpoena be "stood over until October 30" until chief executive Peter Coroneos returned from travel commitments overseas.

Justice Cowdroy proposed holding the subpoena until November 2, coinciding with the resumption of hearings and the first date it was anticipated that iiNet chief Michael Malone would be cross-examined on his affidavits by the film industry's barristers.

But the proposed date was too late for the film industry's counsel.

"We'd like to have [the documents] before Mr Malone's evidence starts," the film industry's barrister Tony Bannon said.

It was agreed by all parties the remainder of documents under the subpoena would be produced "informally" to the film industry's lawyers "prior to or on 30 October" and formally to the court on 2 November.

Justice Cowdroy then turned his attention to an application by the IIA to access "all" affidavits and opening statements that had been served by the film industry and iiNet.

It was understood the IIA had sought access to the documents to prepare its submission to the court on the case.

The IIA had previously sought to model itself as a disinterested party advising the Federal Court in deciding whether iiNet aided illicit downloads of copyright material as alleged by the film industry.

At the time, Justice Cowdroy noted that he was not yet sure "what purpose would be served" by the ISP group's application but he did not rule out its involvement.

Senior counsel for the IIA was today forced to amend the association's request to include only those documents that were not confidential, after concerns were raised by Justice Cowdroy and the film industry's barristers that some confidential affidavits were yet to be read into court.

"Your client is effectively a stranger to the proceedings," Justice Cowdroy said.

"You have to convince me that the IIA should be... given leave to investigate matters that would not be live to the public."

Senior counsel for the film industry Tony Bannon opposed the IIA's access to confidential documents "on any basis".

Bannon also queried IIA's barrister why the association had not sought access to non-confidential documents through "their friends the respondents" [iiNet], prompting Justice Cowdroy to query whether such an arrangement had been pursued prior to seeking an order from the court.

"My instructing solicitors have not been able to obtain any documents," IIA's barrister alleged.

Senior counsel for iiNet Richard Cobden interjected that "every time we move a finger to assist there's an outcry that we're moving further towards the IIA".

Justice Cowdroy also queried whether a court order was necessary for the IIA to obtain non-confidential material that had been read into court.

"Your client as a member of the public has the right to look at affidavits made public and documents that have been read," he told IIA's barrister.

But Justice Cowdroy did grant the IIA access to "non-confidential documents admitted to evidence".

"I also make a separate order that opening submissions now have no basis or claim for confidentiality, so it's quite clear those are public documents," Justice Cowdroy said.

The case resumes on November 2.


Day Eight: Internet Industry Association hands over first documents
 
 
 
Top Stories
Westpac committed to core banking plan
[Blog post] Now with leadership.
 
The True Cost of BYOD - 2014 survey
Twelve months on from our first study, is BYOD a better proposition?
 
Photos: Unboxing the Magnus supercomputer
Pawsey's biggest beast slots into place.
 
 
Sign up to receive iTnews email bulletins
   FOLLOW US...
Latest articles on BIT Latest Articles from BIT
Pass on carbon tax savings, warns ACCC
Jul 24, 2014
The ACCC is warning businesses that supply "regulated goods" to pass on any cost savings ...
Have customers that won't pay debts?
Jul 10, 2014
The ACCC and ASIC have updated their advice when it comes to collecting debts.
Carpet cleaner faces court over online testimonials
Jul 4, 2014
The ACCC has initiated proceedings against A Whistle (1979) Pty Ltd, the franchisor of Electrodry...
You can now get 15GB of free online storage using Microsoft OneDrive
Jun 25, 2014
Cloud storage has reached both the capacity and price where it's a viable alternative to local ...
Another clever trick you can perform with Xero
Jun 25, 2014
Here is another way to reach out to particular subsets of your customers using Xero.
Latest Comments
Polls
What is delaying adoption of public cloud in your organisation?







   |   View results
Lock-in concerns
  29%
 
Application integration concerns
  3%
 
Security and compliance concerns
  27%
 
Unreliable network infrastructure
  9%
 
Data sovereignty concerns
  22%
 
Lack of stakeholder support
  3%
 
Protecting on-premise IT jobs
  4%
 
Difficulty transitioning CapEx budget into OpEx
  3%
TOTAL VOTES: 1136

Vote