AFACT to face iiNet in High Court

  • AFACT to continue fight against piracy and iiNet
  • Seeking to place responsibility for piracy with service providers
  • iiNet will attempt their own methods to comply

The Australian Federation Against Copyright Theft (AFACT) has announced their plan to lodge an appeal against last month’s court decision which dismissed the group’s case against broadband provider iiNet.

Last month the Federal Court ruled that iiNet had not authorised the copyright infringements which occurred on the provider’s internet connection.

Representing the film companies, Executive Director of AFACT Neil Gane said, "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,” Mr Gane said. “We say they did not apply the legal test for authorisation correctly."

Meanwhile, iiNet has come up with their own solution for dealing with copyright infringements, where alleged internet pirates will be penalised akin to speeding offenders. The Communications Alliance has declared their support for the provider’s discussion paper, and the formation of an independent body to assess alleged internet piracy cases.

“We want to continue that dialogue and broaden the discussion to include other stakeholders to help address copyright concerns and foster greater access for Australian consumers to legitimate and commercially available online content,” said Communications Alliance chief executive, John Stanton, in a statement.