Day 22: iiNet copyright case wraps up in Federal Court

ISP iiNet will make a further three-page written submission to the Federal Court responding to submissions by the film industry it says “seriously mischaracterise” the ISP’s evidence.

The copyright case between the Perth-based ISP and the film industry wrapped up in Sydney yesterday after almost five weeks of hearings.

The film industry’s lead barrister Tony Bannon took the presiding judge Dennis Cowdroy through part of the studio’s 403-page reply to iiNet’s 300-odd pages of closing submissions.

iiNet’s lead barrister Richard Cobden sought leave from Justice Cowdroy to prepare a short response - he estimated “two-to-three pages at absolute most” - to the film industry’s latest closing submissions.

The brief paper was expected to cover any new material raised by the film industry, including its 120-page submission on what constituted a ‘substantial part’ of a film or TV show “and a couple of other areas that seriously mischaracterise the evidence" given by iiNet, according to Cobden.

Justice Cowdroy granted Cobden leave to file a brief response by December 4. He granted the film industry a further week to respond to the brief document.

In closing, Justice Cowdroy said: “I must say I have been greatly assisted by the legal teams of both parties.

“I don’t think there’s anything that has not been covered comprehensively.

“I will endeavour to deliver a judgement as soon as possible.”

But he said it “would not be this year.”

The case was adjourned. iiNet chief executive Michael Malone provided iTnews with a video statement after the case closed here.

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