Judges ask for map of issues in iiNet-AFACT case
August 20 SET AS DEADLINE FOR DOCUMENTS
After the fourth day of hearings, an appeal by the Australian Federation Against Copyright Theft (AFACT) against the ruling on the iiNet copyright case has adjourned. Judges ended the day by asking for a map of issues laid out by the case from iiNet and AFACT lawyers in order to make a decision on the appeal.
Justices Emmett, Jagot and Nicholas requested the documents to aid in their decision.
Justice Emmett said "We will wait until we see [iiNet lawyer Richard] Cobden's reorganized material, and a joint map or decision tree," and emphasized the need for detail in the documents. The judges have set a deadline of August 20 to receive the documents.
In the last day or arguments, lawyers from both sides reaffirmed their sides' cases, with Richard Lancaster, a lawyer for iiNet, claiming that requests by AFACT for steps to reduce copyright infringement did not fit the customer service agreement, would violate the Telecommunications Act, and would put iiNet at a disadvantage against competitors.
AFACT had recommended that iiNet institute a policy of terminating customers that it found guilty of copyright infringement. Lawyer David Catterns, speaking on behalf of AFACT, said in the hearing that iiNet did not intend to take the steps AFACT had recommended and that iiNet's policy of sending notices to the police "is just thumbing their noses at us."
A decision is expected in late August.