EDGE 2015 is starting in

Find out more EDGE 2015
Menu
AFACT: iiNet regularly communicated with infringing customers

AFACT: iiNet regularly communicated with infringing customers

The Australian Federation Against Copyright Theft (AFACT) wanted to establish iiNet had knowledge of and communicated with infringing customers on its network

The Australian Federation Against Copyright Theft (AFACT) wanted to establish iiNet had knowledge of and communicated with infringing customers on its network

AFACT barrister, David Catterns, has pointed to iiNet chief, Michael Malone’s testimony in the original hearing, during early comments in the copyright case’s appeal hearing in the Full Federal Court.

Malone had admitted in court the information, including IP addresses and times of alleged copyright infringements by customer accounts, given to iiNet by AFACT was “compelling evidence”.

Catterns said admitting the information was compelling evidence was tantamount to admitting iiNet had knowledge of the piracy happening on its network.

He also highlighted the regular communication iiNet had with customers. This included billing enquiries and contacting high usage subscribers with offers to bump up download limits after they had eaten their monthly download quota by illegally downloading copyright content.

In particular, Catterna referred to an iiNet customer, referenced as ‘RC0’ in Court, which AFACT alleged was a frequent illegal downloader.

“Clearly [iiNet] knew the various date, time and person [infringing copyright] but would not act on clear infringements,” Catterns said. “[iiNet] had knowledge but did nothing. It had complete power to prevent in a technological and contractual sense... short of cutting [customers] off.”

He brought up various techniques including suspending accounts, slowing down customer connection speeds after a download quota is exceeded and ‘playpenning’, that is to restrict access to certain websites once download limit is exceeded, as alternatives to terminating customer accounts.

AFACT maintains iiNet failed to enforce any measures to prevent copyright infringements on its network.

The Presiding Judge on the original case, Justice Cowdroy, recognised iiNet had knowledge and power to prevent but disregarded these facts since he concluded iiNet did not authorise the illegal download of content.

The primary technology used in committing film piracy, BitTorrent, was found to be the means of infringement and not iiNet’s network, according to Justice Cowdroy.

AFACT represents a number of high profile movie studios in the case.

EDGE 2015:: For all the latest on EDGE 2015 including the keynote speakers visit the EDGE mini-site now

Follow Us

Join the ARN newsletter!

Error: Please check your email address.

Tags bittorrentAustralian Federation Against Copyright Theft (AFACT)iiNetillegal downloadingpiracycopyright infringement

Upcoming

Slideshows

In Pictures: 7 things we hate about Twitter

In Pictures: 7 things we hate about Twitter

You probably either love Twitter for its quirkiness and brevity or see it as a pointless waste of time. After nearly a decade on the social scene, Twitter still needs to improve its user experience and fill in notable gaps in the service. These seven problems are long overdue for a fix.

In Pictures: 7 things we hate about Twitter
IN PICTURES: EDGE 2015 - Sponsor Briefing

IN PICTURES: EDGE 2015 - Sponsor Briefing

With EDGE 2015 rapidly approaching, ARN and Reseller News NZ held a Sponsors Briefing where ARN publisher and president, Susan Searle, and Events Manager, Alexandra West, ran through the considerable logistics in detail. Attendees then enjoyed some splendid canapes and drinks. EDGE is designed to bring the A/NZ channel together in a collaborative and educational environment. Themed around channel channel leadership, EDGE will be held at the Sheraton Mirage, Port Douglas, July 20-23. Photos by MIKE GEE.

IN PICTURES: EDGE 2015 - Sponsor Briefing
In Pictures: Robots that cook, clean, sing and dance

In Pictures: Robots that cook, clean, sing and dance

Cooking, learning language and doing the laundry are a few of the human skills demonstrated by.real humanoid bots featured in the National Geographic movie Robots.

In Pictures: Robots that cook, clean, sing and dance

iasset.com is a channel management ecosystem that automates all major aspects of the entire sales, marketing and service process, including data tracking, integrated learning, knowledge management and product lifecycle management.

Show Comments