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ARTICLE · 28 FEBRUARY 2010

Hollywood v ISP - Appeal lodged against iiNet win

AFACT has lodged an appeal against iiNet. It contains 15 grounds for appeal and is expected to be heard later this year.

AustraliaIntellectual Property

Earlier this month we reported that the Federal Court had dismissed a claim by a multi-national alliance of motion picture and recording industry companies, represented by the Australian Federation Against Copyright Theft (AFACT), that iiNet, Australia's third largest internet service provider, had authorised copyright infringement by failing to stop its customers from using the otherwise legitimate BitTorrent file sharing software system to download copyrighted movies. On 25 February 2010, AFACT lodged an appeal against that ruling, sparking another potentially lengthy round of court action.

It is understood that AFACT's Notice of Appeal contains 15 grounds for appeal and is expected to be heard later this year. The grounds have not yet been made publically available but AFACT has indicated in a statement that it views the Federal Court's decision as rendering the "safe harbour regime ineffective" for ISPs.

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