In a media release issued shortly after AFACT confirmed its planned appeal to the High Court, iiNet ceo Michael Malone restated his oft repeated claims that illegal downloading had not been slowed one iota by the court action. He said further legal appeals would not stop piracy but instead called on the film industry and copyright holders to work with the industry to make content available legitimately.

According to Mr Mallone, while the major studios spend millions of dollars marketing their films, they did not make the content easily or readily available which meant that some people were prepared to steal it. 'A more effective approach would be for the studios to make their content more readily and cheaply available online,' he claimed.

Earlier this week, referencing a new study of piracy in emerging economies, Professor Julian Thomas, Director of Swinburne University's Institute for Social Research noted that to date hard line enforcement and prosecutions had failed to stamp out piracy in any international market.

He felt that an industry code of conduct, such as that being developed by the Internet Industry Association was a 'logical step', although he reserved judgment as to whether it would work in practice. More competition and better distribution networks, rather than more legal challenges, were seen as the key to piracy reduction according to Professor Thomas.

Last week iiNET released a paper again calling for copyright owners to make their content more readily available online and for the creation of an independent body which could manage allegations of copyright infringement and impose penalties such as demerit points, fines, shaping or court action for serious repeat offenders.

Mr Malone said if the movie studios were serious about stopping illegal downloads they would join with the industry in genuine talks to implement a new workable solution.

Investors seemed unmoved by news of the High Court Appeal with iiNet shares trading steady at $2.53.