iiNet slams AFACT appeal

Aussie ISP asks Federal Court to reaffirm decision in landmark copyright judgement

"Neither the original case nor the Hollywood studios' appeal will stop piracy, even if they were to win the appeal," said Michael Malone, founder and managing director of iiNet.

"Neither the original case nor the Hollywood studios' appeal will stop piracy, even if they were to win the appeal," said Michael Malone, founder and managing director of iiNet.

iiNet has sent a request to the Federal Court to put a stop to film studios' appeal against last month's decision to clear the Australian Internet service provider (ISP) of copyright breaches. The ISP filed a 'Notice of Contention' in the Federal Court, seeking to not only reaffirm Justice Cowdroy’s decision, but to overturn some points in the case that did not go in its favour.

The executive director of the Australian Federation Against Copyright Theft (AFACT), Neil Gane, had previously stated that there were good grounds to appeal the decision.

"The court found large scale copyright infringements, that iiNet knew they were occurring, that iiNet had the contractual and technical capacity to stop them and iiNet did nothing about them," he said last month. "In line with previous case law, this would have amounted to authorisation of copyright infringement."

But iiNet CEO Michael Malone has said that he was confident the court would uphold the February ruling regardless of AFACT’s claims.

"We go into this latest legal round anticipating we will come out in an even stronger position than when we won last month," he said. "Justice Cowdroy’s judgment was unequivocal and we are confident the Full Court will confirm his ruling and strengthen it."

In a bid to also strengthen their current position, the Notice of Contention also contains two other requests. Firstly that iiNet should not be seen to have authorised any infringement of copyright by customers who used BitTorrent. Secondly, that under no circumstances should iiNet have to disclose customer information to bodies like AFACT.

"Neither the original case nor the Hollywood studios' appeal will stop piracy, even if they were to win the appeal," Malone said. "More legal proceedings are not the solution, but we have filed our Notice of Contention to secure and strengthen the original judgment."

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 iiNetfederal courtAFACTAustralian Federation Against Copyright Theft (AFACT)AFACT v iiNet

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

Omar Dabbagh

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

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?