AFACT allegations ‘unsubstantiated’ despite DTecNet probe: iiNet CEO

By Matthew Lentini
Monday, 02 November 2009 16:15

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iiNet CEO Michael Malone has come out of his corner punching after taking the stand for the first time in the ISP’s defence against the Australian Federation Against Copyright Theft action in the Federal Court today. However, Malone did make one important concession.

Malone conceded software piracy tracking specialist DTecNet’s investigation on behalf of AFACT was “compelling evidence” that should be reviewed by a third party and the courts.

Despite acknowledging DTecNet’s investigation, however, Malone maintained iiNet still regards the past decade’s AFACT copyright infringement notices as mere allegations rather than legitimate evidence of infringement.

Malone reiterated the iiNet position that AFACT copyright infringement notices were “unsubstantiated claims” and need court orders to be enacted, therefore allowing them to maintain customer connections to their service.

Malone said that if there were a notice from the court, iiNet would cancel a customer’s service, but until then holds a policy of customers’ assumed innocence to allegations until proven guilty in court.

In cross examination, AFACT barrister Tony Bannon alleged email correspondence between Malone and iiNet subsidiary Westnet management staff were urged to take a stance that was “a little less  proactive” in regards to Westnet’s policy toward forwarding AFACT notices onto customers.

This policy was not consistent with iiNet’s own policy, says Malone, and all Westnet policies had to change to match iiNet’s own after its acquisition on the 19th on May, 2008 when it became a “wholly owned subsidiary of iiNet.”

Malone has taken a firm stance against further forwarding of “unsubstantiated claims” from AFACT onto customers as they would be “damaging to the industry” and harm customers’ image of iiNet.

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