iiNet v AFACT: film companies take appeal to High Court

High Court appeal to focus on iiNet's alleged authorisation of copyright infringement

iiNet chief executive Michael Malone.

iiNet chief executive Michael Malone.

The battle between Australian ISP iiNet and a consortium of 34 film companies has taken another turn after the recent appeal dismissal, with an Australian Federation Against Copyright Theft press release stating the companies' intention to take their appeal to the High Court of Australia.

The initial legal action, which has been running since November 2008, alleged that iiNet knowingly failed to stop copyright infringement by its users despite being supplied with evidence. The case was decided in favour of iiNet in February 2010, and an appeal ran from then until the most recent judgement — again in iiNet's favour.

The AFACT media release details the consortium's intention to focus its upcoming High Court appeal on iiNet's alleged authorisation of users' acts of copyright infringement, rather than its knowledge of the acts taking place. AFACT's executive director Neil Gane outlines the federation's position in no uncertain terms: "The Full Federal Court unanimously found that iiNet had the power to prevent the infringements of its users from occurring and that there were reasonable steps it could have taken, including issuing warnings.

"However, two judges of the Full Court went on to find that iiNet had not authorised the infringements of its users and that is what we are appealing. We say they did not apply the legal test for authorisation correctly."

At the time of the first appeal's dismissal, iiNet chief executive Michael Malone said he was confident of the ISP's position: “We don’t believe that we have authorised breach of copyright or done anything to encourage customers to breach copyright. “All of this legal action hasn’t stopped one customer from downloading anywhere in Australia. I’d hope the rights holders will now see this is not getting them where they want to go, and they’ll return now back to the table and say ‘let’s find a better way’.

"We’ve wasted two years now and it hasn’t done anything to address this problem.”

No details have been released so far on the date of the iiNet v AFACT High Court appeal hearing.

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags iiNetAFACT v iiNet

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

Campbell Simpson

PC World
Show Comments

Cool Tech

Toys for Boys

Family Friendly

Stocking Stuffer

SmartLens - Clip on Phone Camera Lens Set of 3

Learn more >

Christmas Gift Guide

Click for more ›

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Aysha Strobbe

Microsoft Office 365/HP Spectre x360

Microsoft Office continues to make a student’s life that little bit easier by offering reliable, easy to use, time-saving functionality, while continuing to develop new features that further enhance what is already a formidable collection of applications

Michael Hargreaves

Microsoft Office 365/Dell XPS 15 2-in-1

I’d recommend a Dell XPS 15 2-in-1 and the new Windows 10 to anyone who needs to get serious work done (before you kick back on your couch with your favourite Netflix show.)

Maryellen Rose George

Brother PT-P750W

It’s useful for office tasks as well as pragmatic labelling of equipment and storage – just don’t get too excited and label everything in sight!

Cathy Giles

Brother MFC-L8900CDW

The Brother MFC-L8900CDW is an absolute stand out. I struggle to fault it.

Luke Hill

MSI GT75 TITAN

I need power and lots of it. As a Front End Web developer anything less just won’t cut it which is why the MSI GT75 is an outstanding laptop for me. It’s a sleek and futuristic looking, high quality, beast that has a touch of sci-fi flare about it.

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Featured Content

Product Launch Showcase

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?