[ACC News] Film Companies to Appeal iiNet Judgement

[info at copyright.org.au]

Australian Copyright Council News alert!

Film Companies to Appeal iiNet Judgement

Thirty-four film companies have filed an appeal against a judgement of the
Federal Court in favour of the Internet service provider iiNet Limited.

Earlier this month the Federal Court found in favour of iiNet in a copyright
infringement case brought by the film companies, and also involving the
Australian Federation Against Copyright Theft (AFACT).

The 15 grounds of appeal will concentrate chiefly on the matter of
authorisation. The Federal Court¹s Justice Cowdroy found that iiNet¹s
behaviour did not constitute authorisation of copyright infringement by
those using iiNet¹s services. The importance here is that under the
Copyright Act, a person authorising copyright infringement is viewed in the
same way as a person directly infringing copyright and subject to the same
penalties.

In announcing the appeal, AFACT also raised the safe harbour regime as a key
ongoing issue. AFACT executive director, Neil Gane, said that Justice
Cowdroy¹s judgement ³rendered the safe harbour regime ineffective².

Justice Cowdroy found that iiNet had satisfied safe harbour requirements but
was not in need of their protection due to the above mentioned finding.

For more information see:

http://www.afact.org.au/pressreleases/2010/25-02-2010.html






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