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ExtraTorrent.cc > Articles > Case Against Aussie ISP Moved to High Court

Case Against Aussie ISP Moved to High Court

Case Against Aussie ISP Moved to High Court

Added: Thursday, March 31st, 2011
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
Apparently, the Australian Federation Against Copyright Theft (AFACT) still believes that the Internet service provider has authorized infringement by failing to properly sanction file-sharing subscribers.


Although AFACT has twice lost its case against broadband provider iiNet, the outfit keeps fighting and recently announced plans to appeal the case to the Australian High Court. The Australian Federation Against Copyright Theft, on behalf of such media giants as Warner Bros, Universal Pictures, Sony Pictures Entertainment, Paramount Pictures, 20th Century Fox, Disney Enterprises, and others, first tried to sue the service provider 2 years ago, when the company refused to prevent its subscribers from being able to engage in unauthorized file-sharing. However, AFACT lost the original trial a year ago, and then also lost the appeal. The primary judge sided with the ISP, saying that first of all infringements happened because the subscribers used the BitTorrent system, not just the Internet. Besides, the ISP didn’t have the “relevant power” to prevent the violations, nor it sanctioned, approved or countenanced copyright violation.

Nevertheless, the Australian Federation Against Copyright Theft still believes that the last defeat was in fact a victory for its side, and that the country’s High Court will surely agree that the Internet service provider is liable for infringing subscribers.

AFACT stated that the Full Federal Court found that the ISP did have the power to prevent the violations of its users from occurring by taking such steps as issuing notifications. But two judges of the court decided that the broadband provider never authorized the violations committed by its customers. That is the fact AFACT is appealing – it claims that they didn’t apply the legal test for authorization properly. The outfit argues that despite being presented with evidence by rights owners that iiNet’s users were infringing, the ISP failed to take any action, which meets the “legal test for authorization.”

Up to date it’s unclear if the High Court will even take up the case. However, taking into account the ramifications of it, the court may feel obliged to weigh in, particularly with anti-piracy outfit clamoring for legislation to force Internet service providers to fight copyright violation on their networks.

March 31st,2011

Posted by: 

Date:  Thursday, March 31st, 2011

Comments (2) (please add your comment »)

posted by (2011-03-31 14:20:11)
DEMONLORD avatarthere will always be ways around it. they fighting a loosing battle and wasting money so gotta sue to get there profits back up

posted by (2011-04-01 02:04:21)
No avatarBoy the Australian Federation is dumb.... where to they get money to waste like that? This gives an impression of how backward Australia is. Does anybody got half a brain at AFAC??

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