afact

Despite Court Loss, Aussie Copyright Group Demands ISP Pay

Australian Federation Against Copyright Theft (AFACT) intends to argue in Federal Court that it shouldn’t be forced to pay the costs of those portions of the trial which iiNet lost or impeded. The Australian Federation Against Copyright Theft (AFACT), still stinging from a dazzling loss in an Australian Federal Court after suing ISP iiNet for failing to stop copyright infringement of its customers , has now decided to try and recover those costs of the trial on issues which iiNet lost or admitted delaying the court’s findings. “AFACT put in application for costs to be re-heard and it asks for costs to be adjusted for the parts of the matter that iiNet lost,” said a spokeswoman.

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Tuesday, February 23rd, 2010 P2P News No Comments

AFACT v iiNet: Safe Harbor Protection Intact, Says iiNet

The trial continues in the copyright infringement case of AFACT – representing several Hollywood studios – and Aussie ISP iiNet (multiple links to all our earlier coverage can be found here and here and here ) The case continued in the Federal Court, with iiNet barrister Richard Cobden beginning his closing submissions. Referring to the allegations by AFACT that it detected around 97,000 instances of copyright infringement carried out by iiNet subscribers, Cobden said that there was actually only sufficient evidence to prove that a single subscriber had carried out any. That individual was the mole planted by AFACT and DtecNet to carry out deliberate ‘infringements’ on behalf of the plaintiffs.

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Friday, November 13th, 2009 P2P News No Comments

AFACT v iiNet: Barrister Tears Into iiNet Key Witnesses

The trial continues in the copyright infringement case of AFACT – representing several Hollywood studios – and Aussie ISP iiNet (links to our earlier coverage can be found here ) The case continued in the Federal Court, with AFACT making its closing submissions and tearing into iiNet witnesses CEO Michael Malone and chief regulatory officer Steve Dalby. The film industry, represented by chief barrister Tony Bannon, labeled Malone’s evidence as “incredible”, “evasive” and unreliable. Bannon said iiNet gave nothing but excuses for not acting on such notices and that Malone’s assertion that copyright laws should should be changed or an industry code introduced before he could act on infringement notices were “extreme”.

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Tuesday, November 10th, 2009 P2P News No Comments

AFACT v iiNet: Day 3 – Studios Promoted BitTorrent

It’s day three in the landmark case of AFACT – representing several Hollywood studios – and Aussie ISP iiNet (earlier coverage of day one and day two ). Today a very interesting and somewhat unexpected angle to iiNet’s defense was revealed by the ISP’s barrister, Richard Cobden. Earlier AFACT had insisted that iiNet did nothing to discourage its subscribers from downloading copyright material and therefore condoned their behavior, but it seems that the studios aren’t exactly blameless when it comes to encouraging the use of BitTorrent.

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Thursday, October 8th, 2009 P2P News No Comments

AFACT v iiNet: BitTorrent Piracy Claims “Artificially Inflated”

On the second day of the case ( report for day one here ) AFACT presented the court with documents which it said showed internal emails between iiNet employees (including CEO Michael Malone) which discussed how to deal with copyright infringement notices. AFACT said that the email documents, which were seen by CW , show that the ISP could have done more to deal with the alleged infringements. AFACT’s barrister, Tony Bannon, noted that iiNet training documents indicated that the ISP knew its customers were using P2P networks, which he said showed the the ISP knew what its customers were doing.

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Wednesday, October 7th, 2009 P2P News No Comments