AFACT 'goes for the throat' in iiNet case

The copyright industry body withdraws another claim against iiNet close to trial date in a bid to boost its main case

The Australian Federation Against Copyright Theft (AFACT) has dropped another legal claim against iiNet six days before its Federal Court trial in a bid to bolster its main case.

The legal brawl over copyright infringement was instigated by AFACT against iiNet in November. Representing a host of movie studios, AFACT accused the ISP of violating copyright laws by allowing subscribers to download films through BitTorrent and peer-to-peer (P2P).

In AFACT’s Outline of Submissions tendered to the Court earlier this month, the industry group omitted a former claim which alleged iiNet made copies of and stored pirated movies. That aspect of the case asserted the ISP cached the illegal content as it passed through its network when users were downloading movies. AFACT subsequently conceded to the Court that it has withdrawn that claim.

This marks the second time the industry representative has dropped a portion of its case. In May, AFACT disposed of a legal claim known as ‘conversion’, which suggested iiNet denied copyright holders their right over possession.

AFACT stressed it is trying to pool more resources behind the main part of the case by shedding the peripheral components.

“The authorisation part of the case, which says iiNet failed to prevent online copyright theft of customers, has always been the main part of the case,” an AFACT spokesperson told ARN. “The cache and conversion claims were always subsidiary."

In response, an iiNet spokesperson vented his frustration at the industry group’s penchant for dropping bits of the case and its shallow comprehension of the Internet industry.

“It’s a frustrating and annoying thing that they would make these mischievous claims and withdraw them at the last second,” he said. “We didn’t think they had any evidence to support that claim and it has turned out that we were right.

“They clearly don’t seem to understand how the Internet works and for AFACT to make that claim in the first place shows its ignorance over the technology.”

AFACT defended its late decision, highlighting iiNet’s own shortcomings in timely submittal of evidence.

“iiNet is still filing evidence before the Court and there are documents we are still receiving as close as yesterday and today,” the AFACT spokesperson said. “In terms of cutting it fine, it’s a tight timetable and as evidence comes to light, decisions are being made close to the hearing date. But you certainly can’t draw any conclusions on that.”

The trial commences on October 6.

Join the newsletter!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection

Tags AFACTcopyrightiiNet

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.
Show Comments

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Ben Ramsden

Sharp PN-40TC1 Huddle Board

Brainstorming, innovation, problem solving, and negotiation have all become much more productive and valuable if people can easily collaborate in real time with minimal friction.

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Ratchada Dunn

Sharp PN-40TC1 Huddle Board

The Huddle Board’s built in program; Sharp Touch Viewing software allows us to easily manipulate and edit our documents (jpegs and PDFs) all at the same time on the dashboard.

George Khoury

Sharp PN-40TC1 Huddle Board

The biggest perks for me would be that it comes with easy to use and comprehensive programs that make the collaboration process a whole lot more intuitive and organic

David Coyle

Brother PocketJet PJ-773 A4 Portable Thermal Printer

I rate the printer as a 5 out of 5 stars as it has been able to fit seamlessly into my busy and mobile lifestyle.

Kurt Hegetschweiler

Brother PocketJet PJ-773 A4 Portable Thermal Printer

It’s perfect for mobile workers. Just take it out — it’s small enough to sit anywhere — turn it on, load a sheet of paper, and start printing.

Featured Content

Product Launch Showcase

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?