IIA to AFACT: 'We offered to help'

James Riley
Thursday, 08 October 2009 10:07

Your IT - Home IT

The Internet Industry Association wrote to copyright owners more than two years ago seeking to address piracy concerns, only to be told the Australian Federation Against Copyright Theft would instead start taking service providers to court.

The IIA wrote in April 2007 to Australian Recording Industry Association (ARIA) chief Stephen Peach, Music Industry Piracy Investigations (MIPI) general manager Sabienne Heindl and AFACT boss Adrienne Pecotic seeking a better understanding of its notice and disconnect proposals but says it was rebuffed.

The IIA said it put forward its concerns about the AFACT proposals but that its board had not yet formed a position on them – but was told the copyright holders intended to start the court process against ISPs.

IIA member iiNet – Australia’s third largest ISP – is in court this week defending itself against allegations that it allowed and enabled copyright infringements through its service.

The case, which is before the NSW Federal Court, was brought by dozens of movie and music content owners, represented by AFACT.

The IIA letter, signed by then chairman Domenic Carosa and chief executive Peter Coroneos said the board was concerned that the procedures and remedies were already available through local courts and through amendments to the Copyright Act enacted as part of the US free trade agreement.

It also voiced concern that the notice and disconnect procedures would leave members open to other potential legal liabilities – most notably defamation action.

"Before reaching a concluded view on your proposal, the Board has indicated that it would like to better understand how the current scheme does not adequately allow rights holders to act against alleged infringers, in particular large volume uploaders of infringing works," the letter, which has been obtained by iTWire, said.

"We thank you for the opportunity to consider the proposal and, subject to the foregoing, are happy to entertain further discussions with you on what might be achievable in Australia under a cooperative approach."

The IIA has applied to the court for amicus curiae status – or to be a friend of the court – position that has not been ruled on. But lawyers for AFACT presented documents to court today they say clearly demonstrate that the industry association cannot reasonably be considered an independent party.

In fact, the AFACT argument maintains the documents clearly demonstrate that the IIA was liaising with iiNet in relation to the notifications it had received from AFACT. The correspondence – primarily internal email – also indicated the possibility of campaigns IIA to highlight the industry’s position on downloads.

The letter from IIA and other earlier correspondence with AFACT, MIPI and ARIA were read into court today.

IIA continues to argue that it had taken reasonable steps to stop infringement of other copyright.