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The AFACT, Australia's wing of the MPAA, appealed an earlier ruling that gave victory to ISP iiNet, over the issue of copyright infringement. iiNet won the previous court case in which they defended their actions, or rather, inactions over passing on infringement notices sent to them by the AFACT, to its subscribers. The judge ruled that iiNet was not liable for copyright infringement.
The AFACT appealed straight away, and the appeal starts in court today. AFACT's argument, other than the 15 or so technical points of appeal, is still that iiNet didn't do enough to stop piracy, and so, they are guilty of it. The judge of the original case found iiNet has done "enough", even if it wasn't up to the standard that the AFACT has wanted.
iiNet's counter argument is that it would have been illegal to pass on the AFACT's notices because these notices didn't come with court orders, and so passing on these notices would breach the Telecommunications and Privacy acts. And of course, it has original Federal court ruling on its side.
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The AFACT appealed straight away, and the appeal starts in court today. AFACT's argument, other than the 15 or so technical points of appeal, is still that iiNet didn't do enough to stop piracy, and so, they are guilty of it. The judge of the original case found iiNet has done "enough", even if it wasn't up to the standard that the AFACT has wanted.
iiNet's counter argument is that it would have been illegal to pass on the AFACT's notices because these notices didn't come with court orders, and so passing on these notices would breach the Telecommunications and Privacy acts. And of course, it has original Federal court ruling on its side.
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