AFACT gains access to iiNet customer information

Stuart Corner
Tuesday, 16 June 2009 04:43

IT Industry - Strategy

iiNet announced yesterday that it had scored a minor win in its court battle with the Australian film and TV industry which is suing it for breach of copyright. However the film and TV players claim the victory as theirs.

The Australian Federation Against Copyright Theft (AFACT) said it welcomed a Federal Court decision to reject attempts by Internet Service Provider (ISP) iiNet to access documents on developments and Internet behaviour outside Australia. iiNet however said it welcomed  the court's ruling that the the film and TV players had been ordered to co-operate with iiNet in relation to 21 categories of discovery.

According to AFACT, "iiNet had sought access to documents relating to the activities of ISPs in other countries and Internet users outside Australia, documents that AFACT had opposed as being irrelevant to the case. iiNet had also sought access to details of investigations of other ISPs and other Internet users in Australia...[However] the court...ruled that only documents relating to AFACT’s and the applicants’ activities with ISPs in Australia, and documents relating to iiNet and its subscribers will need to be produced in the case. The Court has also ruled that iiNet must produce information related to a sample set of its subscriber accounts (not personal information), thereby rejecting iiNet’s arguments that this was not permitted under the Telecommunications Act 1997."

AFACT executive director, Adrianne Pecotic, said: “We are very pleased with today’s rulings. AFACT members launched this action because the ISP ignored repeated notices over many months identifying thousands of illegal file transfers via iiNet’s network carried out by its customers...We are confident that the sample of 20 accounts ordered by the court to be provided by iiNet will be more than adequate to illustrate the infringing behaviour of iiNet’s subscribers.”

However, when he announced last November that iiNet would defend the allegations, CEO Michael Malone did not dispute the question of whether iiNet's customers breached copyright law; he simply refuted allegations that iiNet had failed to fulfil its responsibilities to try and prevent this - which was the core of AFACT's claim against it. He said that iiNet had repeatedly passed on copyright holders’ complaints to law enforcement agencies for investigation.

Pecotic added: “Today’s rulings ensure the focus of the case remains on iiNet and its subscribers and their behaviour under Australian copyright laws. The focus of the case is now squarely on the hearing which is set down to begin in October this year."