Film Companies to Appeal iiNet Judgement

Thirty-four film companies have filed an appeal against a judgment 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 Court’s Justice Cowdroy found that iiNet’s behaviour did not constitute authorisation of copyright infringement by those using iiNet’s 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 Cowdroy’s judgement “rendered the safe harbour regime ineffective”.

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 go to:

• www.afact.org.au/news.html
• Federal Court decision on iiNet vs. film and television studios