The Internet Industry Association’s application to intervene in the copyright case between ISP iiNet and the film industry as a ‘friend of the court’ has been dismissed.
The decision was handed down by Justice Cowdroy on the final day of sitting in the Federal Court in Sydney.
The court was adjourned immediately following the decision to allow both sides time to digest the reasons for the dismissal.
The association’s chief had earlier in the week been subjected to a brief - but intense - cross-examination by the film industry, who accused the IIA of having “nothing new” to add to the case.
The film industry’s barrister Tony Bannon had urged Justice Cowdroy at the time to dismiss the application on that basis.
In a statement issued this afternoon, IIA chief executive, Peter Coroneos said the association was "naturally disappointed" but "heartened" by comments made by Justice Cowdroy in his decision.
The IIA quoted Cowdroy's decisions as saying: "If the IIA intended by its application for intervention to bring to the Court's attention the importance of its decision in these proceedings, it can take such fact as noted," Cowdroy noted in his decision.
"The Court is, and always has been, well aware of the ramifications of the outcome of its decision for ISPs, rights holders, and the development of the internet more broadly."
Coroneos said: “This is a very good outcome as the judge has acknowledged that he will consider the impacts on the broader industry which is what the IIA was keen to establish."
Earlier, the final day of proceedings resumed 45 minutes later than scheduled to enable the applicant's time to prepare their final written submissions.
The case continues. You can follow the case in-full here. For a background on the case, click here.