Feeds

AFACT vs iiNet round 3

This time piracy wars hit the High Court

Providing a secure and efficient Helpdesk

AFACT, the Australian Federation Against Copyright Theft, has re-booted its war with ISP iiNet after getting clearance to appeal its case to the High Court.

The Hollywood studio-backed AFACT had its case against ISP iiNet struck down twice by the Federal Court, the most recent loss in February.

"Thirty-four film and television industry companies that commenced legal action against iiNet for authorising the copyright infringement of its users today welcomed the High Court decision to grant them special leave to appeal," AFACT said in a statement.

While the minority opinion in its appeal to the Federal Court endorsed some points made by the studios - particularly that iiNet could have acted against pirates, but chose not to - the majority opinion was that iiNet's actions did not amount to "authorising" copyright infringement by its users. It is this ruling that the film and TV cabal now hopes to overturn.

iiNet issued its own statement this morning, arguing that production businesses must find new ways of offering their content online in order to curb the amount of illegal downloading occurring within Australia.

AFACT executive director Neil Gane told The Canberra Times that he believed the ideal model to emulate should be based around the recent agreement between US content owners and the five top ISPs where they will co-operate to target online pirates. Part of the strategy includes subjecting internet accounts that have been engaged in file sharing with increasing levels of action, ranging from notification letters to throttling of download limits. "Seventy per cent of account holders that receive notices from their ISP cease infringing," Gane said.

iiNet chief executive Michael Malone said in a statement that the ISP “will continue to defend our position in these proceedings if necessary.”

Malone believes that a better outcome for all concerned is a genuine whole-of-industry discussion and approach to make content legitimately available online and to tackle illegal downloads.

“I know the Internet industry is eager to work with the film industry and copyright holders to develop a workable solution. We remain committed to developing an industry solution that sees more content readily and cheaply available online as well as a sensible model for dealing with repeated copyright infringement activity,” he said.

The High Court hearings will occur later this year. ®

Providing a secure and efficient Helpdesk

More from The Register

next story
Phones 4u slips into administration after EE cuts ties with Brit mobe retailer
More than 5,500 jobs could be axed if rescue mission fails
Driving with an Apple Watch could land you with a £100 FINE
Bad news for tech-addicted fanbois behind the wheel
Phones 4u website DIES as wounded mobe retailer struggles to stay above water
Founder blames 'ruthless network partners' for implosion
Radio hams can encrypt, in emergencies, says Ofcom
Consultation promises new spectrum and hints at relaxed licence conditions
Special pleading against mass surveillance won't help anyone
Protecting journalists alone won't protect their sources
Big Content Australia just blew a big hole in its credibility
AHEDA's research on average content prices did not expose methodology, so appears less than rigourous
Vodafone to buy 140 Phones 4u stores from stricken retailer
887 jobs 'preserved' in the process, says administrator PwC
prev story

Whitepapers

Secure remote control for conventional and virtual desktops
Balancing user privacy and privileged access, in accordance with compliance frameworks and legislation. Evaluating any potential remote control choice.
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.
WIN a very cool portable ZX Spectrum
Win a one-off portable Spectrum built by legendary hardware hacker Ben Heck
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Beginner's guide to SSL certificates
De-mystify the technology involved and give you the information you need to make the best decision when considering your online security options.