High Court begins to hear iiNet v AFACT

Peter Ollier, Hong Kong


A Canberra court room is hearing the final arguments this week in a long-running copyright dispute that could set out what ISPs need to do to avoid an accusation of authorising infringement

The High Court appeal in the case between the Australian Federation Against Copyright Theft (AFACT) and iiNet is being heard from Wednesday to Friday this week.

On day one, the three judges of the High Court dismissed four of the six groups that applied to be heard as friends of the court or amici curiae.

The five judges ruled that leave should only be given to the Australasian Performing Right Association and the Communications Alliance. The other four were dismissed on the grounds that they would not be directly affected by the case or that their submissions would not help the court.

The case dates back to November 2008, when a coalition of film studios, led by AFACT, sued iiNet claiming that the...


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