In a split decision on February 24, the Full Federal Court
rejected an appeal brought by a coalition of Australian film
studios and led by the Australian Federation against Copyright
Theft (AFACT) but criticised the conduct of iiNet (the ISP
involved in the case).
Judge Emmet stated that although iiNet "demonstrated a
dismissive and, indeed, contumelious, attitude to the
complaints of infringement by the use of its services, its
conduct did not amount to authorisation of the primary acts of
infringement on the part of iiNet users".
In November 2008, the coalition sued iiNet claiming that the
ISP did not take enough action to prevent its users from
illegally sharing files over BitTorrent networks, despite being
presented with evidence by the AFACT.
Section 101(1) of Australia's Copyright Act states that when
deciding whether a person has authorised copyright infringement
the court must take into account a series of factors,...