The Internet Industry Association (IIA) is also attempting to recoup the legal costs accrued through its own involvement in the Federal Court copyright dispute between the Australian Federation Against Copyright Theft (AFACT) and iiNet.
The IIA is believed to be preparing to lodge a motion with the Federal Court, asking it to order AFACT to pay the costs the IIA had racked up by participating in the landmark copyright case.
Justice Dennis Cowdroy earlier this month ruled in iiNet's favour in a case which saw it accused of authorising its customers to breach copyright by downloading and uploading pirated films and television shows. Cowdroy ruled that iiNet had not authorised its customers' breach of copyright simply because it did not forward notifications of alleged infringements to offending customers.
The IIA's involvement in the hearing was two-fold: while it was subpoenaed by AFACT, it had also asked to intervene as an amicus curiae or a "friend of the court".
A well-placed source has told ZDNet.com.au that the IIA had directly called on AFACT to pay for its costs; however, it is understood that AFACT has since rejected the IIA's claim, meaning that the IIA will now need to battle the issue out in court if it wants to have its expenses paid.
Both AFACT and the IIA have declined to comment on the matter.
AFACT will commence its own court room battle this Thursday as it attempts to lower the $5.7 million in legal costs it has to pay on behalf of iiNet after the judge ordered that AFACT pay the legal costs of the action.
Asked about AFACT's attempt to trim its legal costs, Malone told ZDNet.com.au yesterday, "[AFACT] came to us and sued us and they lost, so I don't see why we should be paying any of their legal expenses."
AFACT has not yet made clear whether AFACT will appeal Justice Cowdroy's decision. It has until this Thursday to do so.