One of the Full Federal Court judges overseeing the copyright case between iiNet and the Australian Federation Against Copyright Theft (AFACT) has questioned the point of the proceedings.
On day three of the appeal hearing, iiNet is running through a torrent of details in order to prove the ISP had no obligation to prevent copyright infringements by its users through Bit Torrent.
iiNet barrister, Richard Cobden, was repeatedly interrupted by Justice Emmett who questioned the significance of the information being presented. While Cobden told the judge the information was relevant to show AFACT’s notification and requests for action against copyright infringers on the iiNet network was unreasonable, Justice Emmett pondered on the futility of the case.
He queried whether the point of this case is to dispute on which party should pay for identifying and acting on copyright infringements.
Justice Emmett said, in his view, there should be a commercial solution or mediation that can be employed to address copyright infringement disagreements.
iiNet has already concluded it will not act even if AFACT continues to forward infringement notices to the ISP, he said.
Justice Emmett stressed, at this point, it seemed there was nothing the Court could do to resolve the fundamental matter of who should be responsible for dealing with copyright breeches.
There was no way to prevent AFACT from taking more court action against iiNet regarding future inactions to prevent piracy by its users even if the ISP achieved a successful outcome from this appeal.
Cobden replied that litigation is black and white so he will continue to address this case alone.
The hearing continues.