This isn’t a huge surprise, but down in Australia, AFACT, a group representing the major movie studios, which had already fought having to pay iiNet’s legal fees after getting trounced in court, is appealing the ruling itself. You had to figure this would happen. The studios weren’t going to go down without a fight. The main part of the appeal is AFACT claiming that iiNet somehow authorized copyright infringement by not stopping infringement:
“The court found large scale copyright infringements, that iiNet knew they were occurring, that iiNet had the contractual and technical capacity to stop them and iiNet did nothing about them.”
But that actually ignores both reality and what the ruling said. What it found was that, indeed, large scale infringement was occurring, but that it was impossible for iiNet to be an effective copyright cop since copyright infringement was something for the court to decide, not for some ISP to just guess. Either way, this case won’t be over for quite some time…
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