The Australian Federation Against Copyright Theft (AFACT) has announced that it plans to lodge an appeal with the High Court in its case against iiNet, alleging that the ISP has allowed its users to infringe on the copyright of the film and television studios it represents.
It seeks to reverse the decision made by the Federal Court, dismissing AFACT’s appeal in its case, ongoing since 2009. The federal court found that iiNet had the power to prevent infringements, but two judges dismissed the case while another favoured AFACT’s case.
“The Full Federal Court unanimously found that iiNet had the power to prevent the infringements of its users from occurring and that there were reasonable steps it could have taken, including issuing warnings,” AFACT said in a statement.
“We say they did not apply the legal test for authorisation correctly.”
iiNet, however, has come out saying that it will not stop illegal downloading, even if AFACT’s appeal to the High Court is successful.
“It’s time for the film industry and copyright holders to work with the industry to make their content legitimately available,” CEO Michael Malone said today in a statement.
Malone also said that he wishes to see an independent body responsible for verifying claims of copyright infringement and determining the penalty, rather than AFACT or the ISPs. He also says that the response from consumers and the industry has been positive.
“We believe that an independent umpire is the only way we can ensure natural justice and protect customer privacy, while allowing copyright owners their rights to pursue alleged infringers.”