COURT REJECTS IINET’S ATTEMPTS TO REFERENCE CONDUCT OF STUDIOS AND ISPS OUTSIDE AUSTRALIA

15 June, 2009

AFACT welcomes Court’s decision on discovery motions in iiNet case

Sydney: The Australian Federation Against Copyright Theft (AFACT) today 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 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.

The Court today 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.

“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,” said Adrianne Pecotic, Executive Director of AFACT. “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” Ms Pecotic said.

iiNet has also been ordered to pay the film studios’ costs of iiNet’s application to withdraw certain admissions it had previously made in the case. “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,” Ms Pecotic said.

About AFACT

AFACT works closely with industry, government, police and educational institutions to address copyright theft and protect the interests of the film and television industry as well as the interests of Australian movie fans.

In 2008, state and federal police conducted 51 raids involving movie piracy and seized 544,697 pirated DVDs. They also seized 488 burners capable of producing 12 million pirated DVDs a year with a potential street value of over $61million.

AFACT acts on behalf of the 50,000 Australians and small businesses under threat from copyright theft, including independent cinemas, video rental stores and film and television producers across the country.