iiTrial: Studio case "way out there", says iiNet

Appeal Day 2: How important is this copyright case?

The relative importance of a copyright case between the film studios and ISP iiNet has again been played out in the Federal Court, with the ISP's lead barrister describing the film industry's case as "adventurous" and "way out there".

Barrister Richard Cobden was responding to opening remarks made yesterday by the film industry's lead barrister David Catterns QC in which Catterns highlighted the iiNet case as "significant... not just because it relates to the internet" but also because it went to "the respective balance of rights and responsibilities between copyright owners and ISPs".

"What my learned friend said yesterday about this being a significant case, we respectfully submit that it's an adventurous case," Cobden said.

He said there was a "degree of interest" in the case because it was "at the forefront" or "way out there".

Barristers representing the Australasian Performing Right Association (APRA) also discussed the importance of the case. APRA was granted time before the lunch break to make a case to intervene as a "friend of the court" and, specifically, to outline whether what it proposed to put forward was any different to the film industry's submissions, which ended today.

APRA's barrister said that the full bench couldn't ignore that "whatever Your Honours say" will set a precedent that is referenced in other cases.

He said that "although [APRA] is tackling the same target [as the film industry] on authentication", it would put forward "different submissions", if allowed by the full bench.

He said that sites like the Pirate Bay hosted "plenty of things... other than film" and said "search cloud" results included files for artists Elvis, 50 Cent and Eminem.

He said this evidence proved that "APRA has a very direct interest in the outcome of this litigation."

Cobden - who outlined iiNet's submissions briefly before the lunch break - declined to begin using his time before the full bench by arguing points raised by "friends of the court" such as APRA.

The ISP has already made clear it will oppose APRA's application, along with others made last week.

"I am not going to enter cloud cuckoo in the respect of intervention," Cobden said.

The case continues. Readers can register for iTnews' complete coverage.