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 PC World newsletter!

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

Tags AFACT v iiNetiiNet

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

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Matthew Stivala

HP OfficeJet 250 Mobile Printer

The HP OfficeJet 250 Mobile Printer is a great device that fits perfectly into my fast paced and mobile lifestyle. My first impression of the printer itself was how incredibly compact and sleek the device was.

Armand Abogado

HP OfficeJet 250 Mobile Printer

Wireless printing from my iPhone was also a handy feature, the whole experience was quick and seamless with no setup requirements - accessed through the default iOS printing menu options.

Azadeh Williams

HP OfficeJet Pro 8730

A smarter way to print for busy small business owners, combining speedy printing with scanning and copying, making it easier to produce high quality documents and images at a touch of a button.

Andrew Grant

HP OfficeJet Pro 8730

I've had a multifunction printer in the office going on 10 years now. It was a neat bit of kit back in the day -- print, copy, scan, fax -- when printing over WiFi felt a bit like magic. It’s seen better days though and an upgrade’s well overdue. This HP OfficeJet Pro 8730 looks like it ticks all the same boxes: print, copy, scan, and fax. (Really? Does anyone fax anything any more? I guess it's good to know the facility’s there, just in case.) Printing over WiFi is more-or- less standard these days.

Ed Dawson

HP OfficeJet Pro 8730

As a freelance writer who is always on the go, I like my technology to be both efficient and effective so I can do my job well. The HP OfficeJet Pro 8730 Inkjet Printer ticks all the boxes in terms of form factor, performance and user interface.

Michael Hargreaves

Windows 10 for Business / Dell XPS 13

I’d happily recommend this touchscreen laptop and Windows 10 as a great way to get serious work done at a desk or on the road.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?