AFACT v iiNet: D-day for AFACT appeal against iiNet copyright ruling

Deadline looms Thursday but AFACT remains silent on appeal possibility

Deadline for appeal is Thursday

Deadline for appeal is Thursday

The Australian Federation Against Copyright Theft (AFACT) has yet to make an announcement regarding a possible appeal to the Federal Court decision in the landmark copyright case against iiNet.

The deadline for the appeal is Thursday, February 25 — the same day the two parties meet again in court for a directions hearing over court costs.

“All I can tell you is that the deadline for filing an appeal is Thursday,” an AFACT spokesperson told Computerworld.

Justice Cowdroy dismissed the case brought by AFACT against iiNet, following a five-month investigation that uncovered instances of copyright infringements by users of iiNet’s services. Despite findings of copyright infringement by iiNet customers, Justice Cowdroy found the ISP did not authorise the acts of its customers.

AFACT will use the hearing on Thursday to try to recoup court costs in sections of the case and will also claim for expenditure during what the group says were delays by iiNet in admitting the presence of copyright infringements on its network.

AFACT represents several large 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.

Melbourne University associate professor, David Brennan, has said an appeal is likely and interested parties are "probably looking at 2011 or 2012 before a final judicial determination".

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