ISP iiNet's chief Michael Malone admitted that iiNet has no written policy on what to do about repeat infringers of copyright on its network.

The film industry's senior counsel Tony Bannon brought before the Federal Court copyright infringement policies allegedly downloaded from the websites of ISPs People Telecom, Netspace, iPrimus and Beagle Internet.

Background (By Ben Grubb)
Perth ISP iiNet will defend a lawsuit brought against it by the film industry that could affect the way internet providers operate within Australia.The case, being heard in the Federal Court, has been levelled in an attempt by the film industry to hold service providers responsible for any illegal downloads on their networks. Led by Roadshow Films and organised by the Australian Federation Against Copyright Theft (AFACT) - which represents several major film companies and the Seven Network - the legal action began late last year with allegations iiNet did not do enough to prevent its broadband subscribers from illegally sharing copyright-protected works.

The companies seek a ruling that iiNet infringed copyright by failing to take reasonable steps, including enforcing its own terms and conditions, to prevent "known" unauthorised use of copies of the companies' films and TV programs by iiNet's customers via its network.

AFACT executive director Adrianne Pecotic said on the day of the court filing last year that the action by AFACT's members was necessary because the ISP ignored repeated notices over "many months" identifying "thousands" of illegal file transfers via iiNet's network carried out by its customers.

The Minister for Broadband, Communications and the Digital Economy Stephen Conroy called the case "stunning" and "a classic" on March 31 at the CommsDay Summit in Sydney.

He said that the idea that iiNet "have no idea if any customers are illegally downloading music" on their network was a "stunning defence".

The full story is available at itnews.com.au.