AFACT “struggling” to make a case: iiNet

In a continuation of directions hearings yesterday, iiNet confirmed it had asked for discovery of a number of documents from overseas jurisdictions "to try to work out what is reasonable behaviour" within the context of the case.

The film industry, represented by the Australian Federation Against Copyright Theft (AFACT), has accused iiNet of failing to prevent transmission of illegally-obtained content via its network.

After the latest round of directions hearings, which AFACT said "did not substantially resolve any issue", the industry body emerged highly critical of iiNet's document discovery request.

"In relation to discovery, we believe that iiNet's request for documents on actions in other jurisdictions to be a distraction," a spokeswoman said.

"The issue is iiNet's behaviour in Australia at the present time."

The criticism was roundly dismissed by iiNet's chief regulatory officer, Steve Dalby.

"We have asked for discovery of a range of things which go to the heart of the case," Dalby told iTnews.

"AFACT still haven't explicitly said what is reasonable behaviour [for an ISP] so we have asked for discovery of documents from overseas jurisdictions to see what other people are doing.

"We'll see what orders come out of next week's continuation in terms of what categories of discovery have been allowed [by the Court]."

Dalby said AFACT was on "a fishing exercise" that would ultimately fail.

"The fishing exercise they're on seems to indicate they're looking for evidence we think they should have had before they put the claim [against us] together," he said.

"They're not going to get [the evidence] because there's nothing to get.

"I honestly think they're struggling to get their case together. They've had a hard day of it [yesterday] and still haven't made a case seven months down the track.

"We'll continue to fight this and look for [information on] what they want us to do," Dalby said.