iiNet: AFACT’s 94,942 figure artificially inflated

AFACT finishes its opening arguments and iiNet begin on day two of the civil court battle

Legal representatives for Internet Service Provider, iiNet, have claimed copyright infringement figures presented to the Federal Court of Australia by Australian Federation Against Copyright Theft (AFACT) in the civil case between the parties were “artificially inflated”.

Yesterday, AFACT, which represents several large film studios and TV stations, began to outline its arguments, claiming there were 94,942 instances of iiNet customers making available online unauthorised copies of movies that included titles such as Batman Begins, Dark Knight and Harry Potter over a period of 59 weeks.

On the second day, on October 7, AFACT finished its arguments and presented its key documents around lunchtime. One of the documents, sighted by Computerworld, showed email communications between key iiNet employees, including CEO Michael Malone, discussing how to deal with infringement notices.

AFACT argued the documents show iiNet should have done more to stop its customers sharing copyrighted files. Other confidential documents were also tabled in court.

Barrister for the studios, Tony Bannon SC, also alleged iiNet’s training course documents showed the ISP knew its customers were using P2P networks, thus indicating the company could monitor what its customers were doing and do more to stop copyright infringement.

In outlining iiNet’s opening arguments, however, senior counsellor, Richard Cobden, described AFACT case as a “novel composition and adventurous” and “a dramatic extension of the application of the law”.

He also alleged AFACT’s 94,942 claim was “artificially inflated by a contrived process”. Essentially, iiNet claims AFACT counted an alleged copyright infringing file sitting on one computer as part of its total figure each time it searched for the file.

If AFACT returned twice a day to check for infringements, for example, it would count the same file in question on a computer as equating to two infringements.

iiNet will finish its arguments tomorrow before AFACT calls its first witnesses.

The case will run for two more weeks and rest for two weeks before coming back for a final two weeks. It is expected, however, to be taken to the High Court regardless of who wins this round.

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 copyrightiiNetAFACTAFACT v iiNet

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

Trevor Clarke

Computerworld
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

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?