AFACT: iiNet appeals Court decision too

The film industry has branded iiNet's filing of a notice of contention against the Federal Court judgement in its copyright battle an "appeal" and an attempt by the ISP to sidestep legal responsibility while demanding protection from the law.

iTnews reported earlier this week ISP iiNet's intention to attempt to close any gaps in the Justice Dennis Cowdroy's ruling that might later be exploited by the film industry in a High Court appeal.

The ISP yesterday filed a Notice of Contention seeking to reaffirm the Court's decision to exonerate iiNet for the copyright infringing activities of its subscribers, and overturn two aspects that were not resolved in its favour.

iiNet hoped that the Notice of Contention would persuade the Court to confirm that it had not authorised any infringement of copyright by its subscribers.

Additionally, it sought to reverse Justice Cowdroy's finding that it could, in some circumstances, have used and disclosed information about its subscribers as the Australian Federation Against Copyright Theft (AFACT) had demanded.

"No matter what spin they try to put on it, iiNet are appealing this judgment too," a spokesman for AFACT said.

"The court already found large scale copyright infringements, that iiNet knew they were occurring, that iiNet had the contractual and technical capacity to stop them and iiNet did nothing about them.

"iiNet wants all the protection of the law but none of the responsibility that comes with it," the spokesman said.

iiNet managing director Michael Malone said he was confident of iiNet's legal position.

"We go into this latest legal round anticipating we will come out in an even stronger position than when we won last month," he said in a statement.

"Justice Cowdroy's judgment was unequivocal and we are confident the Full Court will confirm his ruling and strengthen it."

AFACT appealed Justice Cowdroy's decision late last month, claiming that the judgement "left an unworkable online environment for content creators and content providers" and "represents a serious threat to Australia's digital economy."