Film industry launches legal action against iiNet to prevent online peer-to-peer copyright infringement
20 November 2008
download as PDFToday, seven leading film companies and their affiliates and licensees filed a legal
action against iiNet, a major Australian internet service provider.
The action was filed by Village Roadshow, Universal Pictures, Warner Bros
Entertainment, Paramount Pictures, Sony Pictures Entertainment, Twentieth Century
Fox Film Corporation, Disney Enterprises, Inc. and the Seven Network, the
Australian licensee of some of the infringed works.
The companies seek a ruling that iiNet infringed copyright by failing to take
reasonable steps, including enforcing its own terms and conditions, to prevent known
unauthorised use of copies of the companies’ films and TV programs by iiNet’s
customers via its network.
Executive Director of the Australian Federation Against Copyright Theft (AFACT), Ms
Adrianne Pecotic, said today’s action by AFACT’s members was necessary because
the ISP ignored repeated notices over many months identifying thousands of illegal
file transfers via iiNet’s network carried out by its customers.
“iiNet refused to address this illegal behaviour and did nothing to prevent the
continuation of the infringements by the same customers,” said Ms Pecotic.
“iiNet has an obligation under the law to take steps to prevent further known
copyright infringement via its network.”
“Our members have asked the court to order the ISP to act to prevent the continuing
unauthorised use of copies of our titles by its customers, consistent with iiNet’s own
terms and conditions which prohibit illegal activity on its network,” she said.
Roadshow Entertainment Managing Director Chris Chard added: “Our titles including
Happy Feet, No Reservation and I am Legend have been pirated by iiNet’s
customers via its network using bit torrent technology.”
“Piracy impacts our film production business, but also our cinemas, DVD business,
and our studios. Ultimately piracy results in lost jobs, and limits investment in new
programs and films, as well as in new technologies which benefit consumers. This
will only worsen as broadband speeds increase if we do not take action now,” Mr
Chard said.
The action was filed in the Federal Court of Australia today. The proceedings will be
back before the Court on 17 December 2008. ENDS
For further information contact:
Rebecca Melkman, FD Third Person
Ph: +61 2 8298 6100 or +61 (0)419 229 878
rebecca.melkman@fdthirdperson.com.au
About AFACT
The Australian Federation Against Copyright Theft was established in 2004 to protect
not only the film and television industry, but also retailers and movie fans, from the
adverse impact of copyright theft in Australia. AFACT works closely with industry,
government and law enforcement authorities to achieve its aims.
AFACT acts on behalf of the 50,000 Australian employees directly impacted by
copyright theft, including employees of independent cinemas, video rental stores and
film and television producers across the country.
Further information is available at www.afact.org.au
