AFACT v iiNet: Appeal decision to be known in a fortnight
- 15 February, 2010 15:06
- Comments 2
AFACT v iiNet: The film studios have until February 25 to make a decision on an appeal. Image: Outside the Federal Court after Justice Cowdroy threw out the case against ISP, iiNet
The Australian Federation Against Copyright Theft (AFACT) will take the next two weeks to consider appealing the recent loss of a copyright infringement case against ISP, iiNet.
Presiding judge in the Federal Court of Australia, Justice Cowdroy earlier this month found that despite findings of copyright infringement by iiNet customers, the Internet Service Provider (ISP) did not authorise the acts of its customers and subsequently threw the case out.
The ruling came after film companies including Village Roadshow, Universal Pictures, Warner Bros Entertainment, Paramount Pictures, Sony Pictures Entertainment, Twentieth Century Fox Film Corporation, Disney Enterprises and the Seven Network, the Australian licensee of some of the infringed works, filed a legal action against iiNet in November 2008.
They commenced action against iiNet following a five-month investigation that uncovered instances of copyright infringements by users of iiNet’s services.
An AFACT spokeswoman said in a phone interview with Computerworld it has not determined whether to appeal the court decision.
“We would lodge our appeal with court and notify media if we decide to appeal,” she said.
The group has until February 25 to appeal under a 21-day window granted by the Federal Court of Australia.
Speaking on the day of the court case, AFACT executive director Neil Gane said he was disappointed by the decision.
“Today’s decision is a setback for the 50,000 Australians employed in the film industry,” Gane said. “But we believe this decision was based on a technical finding centred on the court’s interpretation of the how infringements occur and the ISPs ability to control them.
“We are confident that the government does not intend a policy outcome where rampant copyright infringement is allowed to continue unaddressed and unabated via the iiNet network.”
One Melbourne University copyright law expert has told Computerworld the Federal Court decision could just be the start of a long legal war.
Melbourne University associate professor, David Brennan, said an appeal was likely and interested parties are "probably looking at 2011 or 2012 before a final judicial determination".
"I think it is wrong to see this as the be all and end all," Brennan said. "This is simply the opening battle or the first chapter in the legal story. It will, I think, have to play out all the way to the High Court and I wouldn't be surprised if the High Court granted leave either way the decision goes in the full Federal Court. I think the dissatisfied party would seek leave to the High Court after the full Federal Court decision and there is some degree of likelihood the High Court would grant that."
Both parties have suffered considerable financial expense to date in pursing the case and AFACT was ordered to pay iiNet's costs to the tune of $4 million. It is another reason AFACT will likely seek an appeal, Brennan argued.
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Comments
Samuel
It is not the ISP's responsibility to police copyright laws, regardless of if they have the ability or not. And why specifically the ISP? why not the company that owns the backbone network? what about the company that owns the final-mile network? What about the companies that make the software? There is no reason this should fall on the ISPs.
Adam
This should be a simple black and white issue. Much in the same way that the roads corporation is not charged with tracking down thieves who use cars to move stolen goods, the ISP cannot be held responsible for users who abuse the use of legitimate software and networks to commit crimes. This is, and should continue to be, the domain of the police and the courts. There is no need for new laws, there are existing laws for prosecuting copyright infringement. If you believe you suffer from loss due to copyright theft, go through the proper channels and don't expect a third party to foot the bill on your behalf.
Or what about this; are these people using Microsoft Windows to commit the offence? Perhaps MS should be liable? After all, they have lots of money (they also have lots of lawyers too).
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