The Australian Screen Association, formerly known as the Australian Federation Against Copyright Theft, has been sued by its former managing director Mark Day.
In April 2012, the High Court of Australia dismissed an appeal made by 34 Australian and United States film studios and other owners or licensees of copyright in commercially released films and television programmes. The judgment handed down by the Court sent a shockwave through the Australian telecommunications industry with one message: that internet service providers could not be held liable for copyright infringement carried out by their users.
Australian copyright police need to wake their American masters with bad news, but the war has just begun.
Ahead of tomorrow's High Court appeal hearing in the movie industry's long running case against iiNet for allegedly authorising copyright infringement by its customers both sides have expressed confidence in emerging victorious.
The Australian Federation Against Copyright Theft (AFACT) is almost certain to lose its appeal against ISP iiNet in the High Court of Australia, according to a legal source close to the case. However, AFACT, now armed with the knowledge of how to correctly prosecute ISPs in future, is already getting ready to pounce on TPG, Dodo and others. (Note AFACT response at end of article)
The move by a Queensland-based group to go after internet users who have allegedly downloaded copies of a film belonging to a US-based film studio which it represents, appears to be another part of the jigsaw which is being built to bolster the push for a major trade deal between the US and eight other countries.
iiNet says High Court judges hearing the appeal in the copyright case it has been fighting against the movie studios will have to make a decision as to exactly what action, or non-action, by an ISP would constitute authorising its customers to download copyrighted material, and that this decision will bring much needed clarity to the industry.
It is ironic in a week when the Australian Federation Against Copyright Theft (AFACT) is going into battle yet again with ISP iiNet that the NSW Minister for Fair Trading Anthony Roberts has accused Apple of price gouging through its Australian iTunes online store. Could Mr Roberts be whipping the wrong horse and should instead focus his attention on the members of AFACT?
Ever eager to highlight claims of rampant online copyright infringement, the Australian Federation Against Copyright Theft (AFACT) has cited the results of a study that it says found that 97.2 percent of BitTorrent files breach copyright. Readers feeling a sense of déjà vu are entirely justified.
On Tuesday this week, the District Court of Queensland sentenced two men for their role in facilitating the illegal download of movies.
The High Court has granted 34 film and TV sector companies special right to appeal a February decision from the Federal Court which will see the companies again take on WA based internet service provider iiNet over alleged copyright infringement.
iiNet has come out swinging after the Australian Federation Against Copyright Theft announced its widely anticipated move to seek leave to appeal a Federal Court Judgment which dismissed allegations of copyright theft against the West Australia based internet service provider.
After two unsuccessful attempts to collar Australia's second largest ISP iiNet for copyright infringement in court, the Australian Federation Against Copyright Theft (AFACT) which represents major film companies and the Seven TV network is lodging an appeal in the High Court of Australia. AFACT is alleging that iiNet authorised copyright infringement by users of its service.
The Australian Federation Against Copyright Theft, AFACT, which now has just two days left to file an Appeal with the High Court if it wants to further pursue internet service provider, iiNet, over its allegations of copyright theft, may be interested to learn of a new independent study which suggests that fines and tougher laws are unlikely to stall piracy of films, books, music or software.
The Internet Industry Association (IIA) is to start work immediately on a copyright code of practice for Internet intermediaries, including ISPs, search, hosting and social media providers.
COMMENT The Australian Federation against Copyright Theft is on the attack again, trying to hose down criticism of figures it released recently about alleged film piracy.