iiNet case appeal set for August

iiNet case appeal set for August

Summary: The film industry will get four days in the NSW Federal Court's August sittings to appeal a court decision that internet service provider iiNet did not authorise its users to infringe on the film industry's copyright.

SHARE:
3

in brief The film industry will get four days in the NSW Federal Court's August sittings to appeal a court decision that internet service provider iiNet did not authorise its users to infringe on the film industry's copyright.

Friday last week, NSW judge Justice Emmett ordered that the appeal be set down for hearing in the sittings commencing 2 August 2010 and listed for four days in duration.

The final date for the hearing in the August sittings (which go from 2 August to 25 August) is yet to be decided. It's expected that those dates and the three judges that will hear the appeal will be decided between now and mid-May.

The Australian Federation of Copyright Theft (representing various film studios and a television network) had taken iiNet to court back in November 2008, arguing that the ISP infringed copyright by failing to take reasonable steps to prevent customers from copying films and TV shows over its network.

Topics: Legal, Government AU, Telcos

Kick off your day with ZDNet's daily email newsletter. It's the freshest tech news and opinion, served hot. Get it.

Talkback

3 comments
Log in or register to join the discussion
  • Why does AFACT continue to persue these pointless attacks on innocent ISP's?? What a complete waste of time, money, resources, etc. Why o why do they persist in going after the messenger even when the case has already been tried. Why not do something possitive with their lives? Stop wasting our time and the courts time? Who personally is behind this stupidity? Can someone clarify who is at the wheel at AFACT? Are they drunk?
    nissy-2f939
  • Well old Peterniss, old friend, they do have a right of appeal. It is likely to go all the way beyond the Full Federal Court given the issues, possibly for Special Leave and then (if Special Leave is granted), to the High Court. To say that it is "pointless" and that "the case has already been tried" is somewhat facile, with all due respect. I imagine on the other hand, if we had a different result, you would've been howling for an appeal...
    Skipper-46cd8
  • If the appeal is successful and the case for IInet is overturned, the costs wil no doubt find their way back to the general consumer. The ISP's will have no choice than to recover imposed compliance costs.
    The cost of data in Australia will go up and business will have to comply with higher costs. Heck, people might lose their jobs when IT costs go up.
    The role of precedent will become entirely literal as it will only ever infer one outcome, and will spur a new as previously unthought of burden of civil recovery cases. On a positive note however, maybe then we can sue car manufacturers who produce vehicles which incur speeding fines, roads and traffic authorities who do not maintain roads, waterways authorities when I am fishing and fall on Oysters that no one had specifically written to me and advised me of their existence, or maybe the traffic infringement processing bureau for issuing letters that lead to financial hard ship.
    Infact, AFACT is looking good to bring a whole host of rotten parts of the system down.
    michaelmac-8acd3