Day 19: Federal Court reserves another day for copyright case

Would be “catastrophic” if it didn’t finish this year.

The Justice presiding over the copyright case between ISP iiNet and the film industry has again extended the number of days reserved to hear the case.

Justice Cowdroy agreed to reserve the 24th, 25th and 26th November at the request of the film industry’s barrister Tony Bannon to ensure the matter is concluded this year.

“It would be catastrophic if this matter didn’t finish in the week of the 23rd,” Cowdroy said.

“I think [reserving also the 24th November] is the safest course. A matter like this should be concluded now rather than being parked until next year.”

Bannon had raised concerns that the court may run out of time to conclude the matter based on the number of available days left.

It was expected that iiNet’s closing submissions would consume the next sitting day, Thursday 19th November, and go into the following week.

An application by the Internet Industry Association to enter proceedings as a “friend of the court” was due to be heard on the 26th November.

Although an extra day was pencilled into the court diary, it was understood the matter of timing would be reviewed again at the close of proceedings on Thursday next week.

Day 19 of the case concluded with a case law argument by iiNet’s lead barrister Richard Cobden on what constituted a “substantial portion” of a film, TV show or other copyrighted work.

Cobden also spent a large amount of time running through iiNet’s interpretation of the Sharman case that decided Kazaa’s fate.

The case was adjourned until 19th November at 10.15am.

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