Anti-piracy group, AFACT, launched an unsuccessful legal campaign in the Federal Court against iiNet in November 2008 claiming the Perth-based ISP was responsible for its users’ illegally downloading movies. Presiding judge, Justice Cowdroy, ruled in favour of iiNet in February.
AFACT is appealing the decision and both parties will attend another Federal Court hearing to be held August 2 to 5 before Justices Emmett, Jagot and Nicholas. During this appeal, iiNet also aims to overturn certain aspects of the ruling which were not in its favour.
“We go into this latest legal round anticipating we will come out in an even stronger position than when we won February,” iiNet chief, Michael Malone, said in a statement. “Justice Cowdroy’s judgment was unequivocally in our favour and we are confident the Court will confirm his ruling and strengthen it.”
AFACT dismissed iiNet’s confidence and is looking forward to a windfall in the Court.
“We both agree there are issues with the initial judgement and we look forward to the Federal Court confirming iiNet does have legal responsibilities to prevent copyright infringement on their network,” an AFACT spokesperson said.
iiNet's appeal will strengthen AFACT's case, according to the anti-piracy group.
“This makes our case very strong because had iiNet said it had no issue with the judgement, there would have been weaker grounds to re-examine it and now the Court is hearing from both parties, we will have a very good grounds of appeal,” the AFACT spokesperson said.
iiNet has filed for 14 grounds of contention while AFACT has filed for 15.
The anti-piracy group is representing a number of Hollywood movie studios in this case.