AFACT v iiNet: Back to court 2-5 August

Parties to front a 3-judge panel at the Federal Court of Australia in their ongoing court battle

The Australian Federation Against Copyright Theft (AFACT) and ISP, iiNet, will head back to court on 2 August for three days in their ongoing legal battle.

In February, AFACT launched an appeal after the judge overseeing its much-publicised copyright case with iiNet, Justice Cowdroy, dismissed the case, following a five-month investigation that uncovered instances of copyright infringements by users of iiNet’s services.

Justice Cowdroy found the ISP did not authorise the acts of its customers, despite acknowledging copyright infringement.

The appeal will now be heard from 2 to 5 August in front of Justices Emmett, Jagot and Nicholas.

Earlier this month, both parties found out they must wait for the verdict on who will foot the bill for their much-publicised legal stoush following an adjournment in the Federal Court of Australia.

Although AFACT waited until the last possible day to lodge its appeal, legal experts had predicted the development. After the initial Federal Court decision, 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".

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.

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Tags iiNetAustralian Federation Against Copyright Theft (AFACT)AFACT v iiNetFederal Court of Australia

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