Comms Alliance applies to take part in iiNet copyright court case

Telecommunicaitons Industry body files submission discussing ISP authorisation, customer rights

The Communications Alliance has filed submissions seeking High Court of Australia permission to intervene in the Australian Federation Against Copyright Theft (AFACT) online copyright case against iiNet as amicus curiae (friend of the court), as the organisation believes the Court’s deliberation has implications for internet service providers (ISPs) and internet users.

In August, the High Court granted special leave to appeal by a film and television industry conglomerate led by AFACT, which is suing the Perth-based ISP for copyright infringement by its customers. The case dates back to 2009 when a hearing commenced in the Federal Court.

Communications Alliance chief executive, John Stanton, said in a statement that the submissions discuss matters of principle and arguments around issues such as what does or does not constitute authorisation by an ISP of copyright infringement committed by a customer of that ISP.

“These submissions also explore what should constitute reasonable steps on the part of ISPs to prevent their customers using internet access to infringe copyright,” he said.

Stanton added that a copy of its submissions would be posted on the High Court website after they had been filed.

The Alliance been contacted for further comment.

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