The legal team of iiNet told a Federal Court that suggestions from the Australian Federation Against Copyright Theft (AFACT) regarding termination of service from ISPs after a single copyright infringement warning would be unsustainable.

Richard Cobden, iiNet's legal representative, told a panel of three judges that termination of users would be a burden on iiNet's customer service resources. Cobden also argues that such measures could jeopardize the legitimate Internet use of both those who allegedly infringe copyright as well as other users of Internet connections.

Cobden says that RC-08, the subject of AFACT's initial complaint against iiNet, is said to have used a small amount of his monthly data quota on infringing copyright. He argued that termination was unreasonable because the account may have been used for legitimate things.

Cobden also told the court that the while AFACT insists on terminating users, it does not provide any specific guidance on how to go punish offenders.

"In addition to having to setup a system to deal with responses from the public... what that does then is throw a burden onto iiNet as an organisation at the customer relations level on having to deal with a someone else's businesses - that is the copyright holders - on matters that isn't the realm of iiNet," he said.