AFACT has filed a notice of appeal today with the Federal Court, containing 15 grounds of appeal on the decision in February this year in iiNet’s favour. AFACT’s executive director Neil Gane believed that there were good grounds to appeal the decision.
“The court found large scale copyright infringements, that iiNet knew they were occurring, that iiNet had the contractual and technical capacity to stop them and iiNet did nothing about them,” he said. “In line with previous case law, this would have amounted to authorisation of copyright infringement.”
“This decision allows iiNet to pay lip service to provisions that were designed to encourage ISPs to prevent copyright infringements in return for the safety the law provided. If this decision stands, the ISPs have all the protection without any of the responsibility,” he said.
“By allowing internet companies like iiNet to turn a blind eye to copyright theft, the decision harms not just the studios that produce and distribute movies, but also Australia’s creative community and all those whose livelihoods depend on a vibrant entertainment industry,” he said.
iiNet chief Michael Malone was confident that the ruling of Justice Cowdroy’s would be upheld at appeal.
“It is more than disappointing and frustrating that the studios have chosen this unproductive path,” Mr Malone said.
To date $5.7Million has been spent defending the case by iiNet, with AFACT ordered to pay court costs to iiNet in the previous decision.
