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.

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


iiTrial: Studio case "way out there", says iiNet
 
 
 
Top Stories
Innovating in the sleepy super industry
There’s little incentive to be on the bleeding edge, so why is Andrew Todd fighting so hard?
 
How technology will unify Toll
The systems headache formed through 15 years of acquisitions.
 
Immigration breached Privacy Act with data leak
Pilgrim slams "copy and paste" of asylum seeker data.
 
 
Sign up to receive iTnews email bulletins
   FOLLOW US...
Latest articles on BIT Latest Articles from BIT
More 4G from Optus in Darwin
Nov 21, 2014
Click to see where Optus has expanded coverage to the suburbs near Darwin.
Optus steps up regional 4G coverage
Nov 20, 2014
Once 700Mhz services are working, Optus claims regional users will have a "faster and more ...
This Huawei 4G phone costs $99
Nov 12, 2014
The $99 Huawei Ascend Y550, available through Vodafone, enters the budget market as one of the ...
4G smartphones: Microsoft's Lumia 830
Nov 7, 2014
Microsoft has announced its flagship Windows Phone, the Nokia Lumia 830 4G, will be available in ...
Do you direct debit customers? Read this
Oct 10, 2014
Authorities have been targeting direct debit practices with iiNet and Dodo receiving formal ...
Latest Comments
Polls
Who do you trust most to protect your private data?







   |   View results
Your bank
  38%
 
Your insurance company
  3%
 
A technology company (Google, Facebook et al)
  7%
 
Your telco, ISP or utility
  8%
 
A retailer (Coles, Woolworths et al)
  2%
 
A Federal Government agency (ATO, Centrelink etc)
  20%
 
An Australian law enforcement agency (AFP, ASIO et al)
  15%
 
A State Government agency (Health dept, etc)
  6%
TOTAL VOTES: 836

Vote