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Full Spectrum: iiNet wins the iiTrial

After close to four years of battling in court, the Hollywood film studios have been dealt a major blow, losing against internet service provider iiNet in the High Court last week.
Written by Josh Taylor, Contributor

After close to four years of battling in court, the Hollywood film studios have been dealt a major blow, losing against internet service provider (ISP) iiNet in the High Court last week.

The Australian Federation Against Copyright Theft (AFACT) took Perth-based iiNet to court back in 2008, alleging that iiNet was condoning its users' copyright infringement over peer-to-peer networks, because the ISP did not seek to stop its users from doing so when informed by AFACT over a number of months

AFACT was knocked back in the first instance in 2009, and subsequently lost the appeal in early 2011. After taking the matter to the High Court late last year, the five judges ruled unanimously last week that AFACT's case be dismissed.

In its judgment, the High Court said that short of cutting off a customer's internet connection, iiNet had no real control over how a customer used that service, and, on the basis of the information that AFACT provided to iiNet, was in no position to intervene.

This week's Full Spectrum hears from iiNet CEO Michael Malone and AFACT managing director Neil Gane on what the next steps should be to reduce online copyright infringement.

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