The telco industry has applauded the Federal Court dismissing an appeal for the landmark copyright case brought against iiNet by copyright action group the Australian Federation Against Copyright Theft (AFACT).
The federation commenced legal action against iiNet in the Federal Court in November 2008, hoping to prove the internet provider liable for copyright infringement conducted by its subscribers.
It claimed the internet service provider (ISP) had not taken reasonable steps to prevent customers pirating copyright video over its network.
Today the full bench of the Federal Court dismissed AFACT's appeal.
iiNet managing director Michael Malone said outside court that the case has not stopped one instance of piracy.
"All this legal action hasn't stopped one person downloading anywhere in Australia."
"There needs to be a lot more clarity as to what is expected of telcos, so ultimately this will only be resolved by governments stepping in," Malone said.
AFACT executive director Neil Gane said iiNet must take responsibility for copyright infringement on its network.
"This is a case where the ISP had admitted to tens of thousands of copyright infringements on its network, and it does not have to lift a finger to prevent them," Gane said.
"It cannot be right that in effect the ISP, who has the power to prevent copyright infringement online and has admitted they are taking place, does not share the responsibility to stop it."
Gane said it is too early to comment on the next move AFACT will take, or whether it will appeal the decision. It has 28 days to decide.
Internode regulatory chief John Lindsay welcomed the decision favouring friend and rival iiNet.
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I had a quick look... I don't think it was there
this just happened today
