AN Australian Internet Service Provider has found itself in the legal sights of a powerful collection of Hollywood studios and television interests that claim it did not take reasonable steps to stop peer-to-peer based copyright infringements.
The Australian Federation Against Copyright Theft (AFACT) is seeking a ruling against iiNet, saying the ISP ignored repeated notices that its service was being used to pirate its members IP rights.
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.
AFACT executive director Adrianne Pecotic, said the action by AFACT’s members was necessary the ISP had been notified over many months of thousands of alledgedly illegal file transfers using the iiNet network and being carried out by iiNet 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.
iiNet has said in a statement that it will vigorously defend the Federal Court action, with managing director Michael Malone saying iiNet does not in any way support or encourage breaches of the law, including infringement of copyright.
The case has been set down for a further hearing in the first week of February.
