Film giants begin illegal downloads appeal

A consortium of film studio giants has begun a High Court appeal against internet service provider (ISP) iiNet over illegal downloads.

The companies, headed by Roadshow Films, initially took action against iiNet in the Federal Court alleging it failed to take steps to stop its customers from illegally downloading movies and TV shows.

In February 2010, the court found in favour of iiNet.

An appeal by the movie giants in the Federal Court earlier this year also failed.

Counsel for the film companies Tony Bannon, SC, told the full bench of the High Court on Wednesday that authorising someone to infringe copyright was itself an act of infringing copyright.

He said ISPs do not pass on a warning to users that they may be breaching copyright.

"They (ISPs) don't have to pass on the warning," Bannon said.

"Our case is ... if they don't do it then they're authorising it."

Bannon said prosecutions for copyright infringements had only ever been brought against people who supplied multiple copies of material.

"The cost-benefit analysis of pursuing an individual case against one individual user for downloading three films or three records would be a use of the judicial system which the court would not be wildly enthusiastic about," he said.

"The very fact that it is so unworkable and so implausible and so illogical and costly ... that's an in-built protection for users themselves.

"They know the rights office can't track down everybody."

Chief executive of iiNet, Michael Malone, said on Tuesday he was confident the High Court would reaffirm the Federal Court's earlier judgments and clear the company of copyright breaches.

"Those judgments demonstrated that the allegations against us were proven to be unfounded," he said in a statement.

Malone said iiNet continued to stand ready to work with the movie and internet industry to develop, implement and promote new ways to protect copyright and educate consumers.

In the initial case, the studios had tried to prove iiNet not only failed to take steps to stop illegal file-sharing by customers but breached copyright itself by storing the data and transmitting it through its system.

The case will continue in the High Court on Thursday.

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