AFACT appeals to government over iiTrial loss

Renai LeMay
04 February 2010, 1:28 PM


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The Australian Federation Against Copyright Theft (AFACT) says it is disappointed at losing the iiTrial and believes the federal government was hoping iiNet would lose.


Justice Cowdroy today handed iiNet a sound victory in the Australian ISP’s long-running battle against a coalition of film and television studios, finding in the Federal Court that iiNet did not authorise copyright infringement carried out by its customers using the BitTorrent file-sharing platform.

“We are confident that the Government does not intend a policy outcome where rampant copyright infringement is allowed to continue unaddressed and unabated via the iiNet network,” said AFACT executive director Neil Gane in a statement, speaking on behalf of the organisation and the film and TV studios who brought the action.

“Today’s decision is a setback for the 50,000 Australians employed in the film industry. But we believe this decision was based on a technical finding centred on the court’s interpretation of how the infringements occur and the ISP’s ability to control them.”

Gane added AFACT would now take time to review the decision before making further comment on its next steps.

Communications Minister Stephen Conroy has not yet made a statement on the verdict, but he has previous commented on the trial.

For example, in March 2009, the Minister said iiNet’s defence was like something which “belongs in a Yes, Minister episode”, referring to the famously bureaucratic television series.

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itd (New user):

For example, in March 2009, the Minister said iiNet’s defence was like something which “belongs in a Yes, Minister episode”, referring to the famously bureaucratic television series.

That is a case of the pot calling the kettle black if ever I heard it.

04 February 2010, 1:41 PM (2 years ago)report abuse Send to a friend reply

Tin (Regular user):

"Rampant copyright infringement"? Yes, there is a lot going on, but it doesn't compare to the losses they would be suffering from commercial piracy.

Targeting individuals who don't feel certain TV shows, movies or music albums are worth the price they are setting is not going to help them any. In fact, once someone gets stung for piracy, how likely are they to buy that brand's products ever again?

04 February 2010, 2:02 PM (2 years ago)report abuse Send to a friend reply

BrownieBoy (User):

How can AFACT "appeal to the government"?

The judiciary interprets and enforces the law; not the government. The government cannot overrule the courts.

The only way the government could help would be to pass a new law to specifically hold ISPs accountable for the content of P2P traffic.

And the way the current government is acting, I wouldn't put it past them.

04 February 2010, 2:20 PM (2 years ago)report abuse Send to a friend reply

petert (Advanced Forumologist):

Your summation would seem to be correct.

AFACT is launching an emotional appeal, not a legal appeal. What they've said so far would seem to be self-aggrandising, emotional claptrap. That Courts didn't fall for it, but this idiot Government is quite a different proposition . . .

04 February 2010, 2:31 PM (2 years ago)report abuse Send to a friend reply

itd (New user):

Quoting BrownieBoy:
How can AFACT "appeal to the government"?

The judiciary interprets and enforces the law; not the government. The government cannot overrule the courts.

The only way the government could help would be to pass a new law to specifically hold ISPs accountable for the content of P2P traffic.

And the way the current government is acting, I wouldn't put it past them.


I hope they also pass a law holding governments reponsible for their own actions ;)

04 February 2010, 3:04 PM (2 years ago)report abuse Send to a friend reply

The Big Baboo (User):

Quoting itd:
I hope they also pass a law holding governments reponsible for their own actions ;)
Wow :) What a dream that would be but I can't see it happening in our children's time or even our great grandchildren and after that we may not have to worry about it because according to the climatologists we won't be here anymore :(




06 February 2010, 8:42 AM (2 years ago)report abuse Send to a friend reply

Jammit (New user):

I am so pleased that RFUKT got exposed for their monopolistic practices of controlling what we watch, what we listen too and what we read; and where we can do it, what we can do it on, and when we can do it.

Rigging the distribution, rigging the equipment, rigging the prices, and rigging the copy right laws and rigging the copyright duration....

RfrickT are like a insane nazi cultural blight on the face of humanity.

I hope they choke on their legal bill.

04 February 2010, 3:57 PM (2 years ago)report abuse Send to a friend reply

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