The lengthy copyright case between iiNet and the Australian Federation Against Copyright (AFACT) will continue in the High Court.
AFACT was today granted special leave to appeal the ruling handed down by the Federal Court on two separate occasions which were in favour of iiNet.
Representing 34 high profile movie studios, AFACT took the Perth-ISP to the Federal Court in 2008. The anti-piracy group accused iiNet of turning a blind eye to illegal film downloads by its user base and claimed that made the ISP culpable for the copyright infringements.
iiNet won the case on 2010 with presiding judge, Justice Dennis Cowdroy, throwing out the case. AFACT then failed its subsequent attempt to appeal the ruling.
While the full Federal Court upheld the original judgement, the three presiding judges disputed several points in Justice Cowdry’s ruling such as iiNet’s eligibility for the safe harbour provisions in the Telecommunications Act of 1997.
They also thought iiNet had some responsibility in preventing copyright infringement by its subscribers.
Now the case will go to the High Court to Australia in Canberra. The hearing is expected to run for two days.
AFACT said in a statement it was confident of their grounds of appeal and looked forward to presenting its arguments in Court later this year.
While iiNet chief, Michael Malone, wasn’t surprised the High Court would want to review the case, he reiterated his view that an industry-wide solution would be better than litigation.
“We will continue to defend our position in these proceedings if necessary,” he said in a statement.
More to follow.