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.

2015 ARN ICT Industry Awards: NOMINATE NOW!!!: Nominations for the 2015 ARN ICT Industry Awards are now open. Once again, it is time to NOMINATE NOW!!!

Join the ARN newsletter!

Error: Please check your email address.

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

More about ACTetworkIinet

Show Comments

Latest News

May 29
Exclusive Group secures new investment to support continued growth strategy
May 29
Avaya awards its top Asia-Pacific channel partners
May 29
A/NZ Shoppers deserting retailers due to online performance issues: Rackspace
May 29
Fujitsu World Tour 2015: A focus on the healthy human side of IoT (+8 photos)
More News
04 Jun
Websense Data Theft Prevention Breakfast - Melbourne
04 Jun
IM Experience, Sydney
09 Jun
Ascom Nurse Call product launch
10 Jun
D-Link IP Surveillance Training and Certification
View all events