AFACT appeal dismissed
A Federal Court has dismissed the appeal lodged by the Australian Federation Against Copyright Theft against internet service provider iiNet.
The CEO of iiNet Michael Malone urged the Australian film industry to address “the growing demand for studio content to be delivered in a timely and cost effective manner to consumers and we remain eager to work with them to make this material available legitimately”, while AFACT said that the decision “was not an emphatic win for iiNet”.
In February 2010, Federal Court Justice Dennis Cowdroy ruled in favour of iiNet in the copyright infringement legal action launched by AFACT in 2008, saying iiNet was not liable for its customers’ downloading habits. AFACT lodged an appeal 21 days later.
Malone said the judgment “again demonstrates” that the allegations against iiNet have been proven to be unfounded, and that there is growing evidence that partnerships between ISPs, legal websites and copyright holders is helping reduce piracy and showcase the copyrighted content.
iiNet is a safe harbor for pirates and porn addicts.
Malone clearly knows that millions of films are illegally downloaded via iiNet, but he’s too focused on making lots of $$$ for himself and shareholders than acting in an ethical manner.
The Government and Screen Australia need to get off their fat lazy asses and do something about it, rather than write endless reports on how bad it is for our film industry.
It’s a very sad state of affairs where Copyright Protection for Film is non existent.
Firstly, there appears some opinion that the decision clarifies the nature of notices that have to be served on ISPs if their customers appear to be in breach – which may undoubtedly be a positive for all concerned including the ISPs.
However, the irony of the case in Australia is that the vast majority of the monies involved ware sent overseas – as are the biggest % of our box office receipts. A recent announcement by AFACT from their own commissioned research stating that billions of dollars were lost and tens of thousands of jobs threatened because of piracy took hyperbole and PR puffery to levels that should be explored by the space shuttle. Get a grip.
Hasn’t the Australian cinema industry had record years over the past few years with record box office – one year beating the preceding year etc. Haven’t records been broken with DVD sales, download on demand sales and the like.
The major film production, distribution and exhibition companies don’t give a rats about the Australian production industry – never have, never will. But we have always been a great market for them. Dating back to the 20s, 30s, 40s etc, Australia has always performed above its weight in returns to the UK and USA.
So lets listen to the voice of the people – and make it easier to access a wide variety of content. Make it so easy and affordable that there is no need to ‘pirate’ rubbish copies of desired product. Make good copies available at affordable prices, to generate return business. Work with the customers, not against them.
Rocky..you’re speaking the word…well said
IJWTS wow! Why can\’t I think of tinghs like that?