The Australian Federation Against Copyright Theft (AFACT) has decided to appeal to the High Court after its copyright infringement case against iiNet was squashed by the Full Bench of the Federal Court.
AFACT represented a number of high-profile movie studios in taking the Perth-based ISP to the Federal Court. The anti-piracy group claimed iiNet was responsible for the movie piracy by its subscribers because it failed to prevent the copyright breaches.
iiNet won the case in February 2010 but AFACT made an unsuccessful appeal to the Full Bench of the Federal Court. The verdict was announced last month.
“The Full Federal Court unanimously found iiNet had the power to prevent the infringements of its users from occurring and there were reasonable steps it could have taken,” AFACT executive director, Neil Gane, said in a statement. “However two judges of the Full Court went on to find iiNet had not authorised the infringements of its users and is what we are appealing.
“We say they did not apply the legal test for authorisation correctly.”
AFACT is confident of its grounds of appeal and that its request for special leave to the High Court will be granted.
iiNet has maintained further court action from AFACT will not stop illegal downloading.
“It’s time for the film industry and copyright holders to work with the industry to make their content legitimately available,” iiNet chief, Michael Malone.
The ISP industry has been rocked by the court case.
The Internet Industry Association (IIA) announced this month it was looking into developing a copyright code in light of the iiNet versus AFACT judgement.
iiNet has come out with its own solution to tackling piracy which involves setting up an independent body to act as a mediator between content holders, ISPs and consumers.