iiNet had power to stop downloads Australian court told

[AAP] Film studio lawyers say ISP iiNet had the technical ability and power to prevent customers from abusing its network for film piracy but failed to act.The Australian Federation Against Copyright Theft (AFACT), representing 34 studios, made the argument on Tuesday in an appeal it brought against iiNet in the Federal Court in Sydney. see:iiNet spam policy perfect for copyright
On day two of the appeal against the verdict in the landmark iiNet copyright trial, Australian Federation Against Copyright Theft (AFACT) barrister David Catterns said iiNet’s “sophisticated” policy procedure for dealing with customers with malware and spam should apply to copyright breaches.In his original ruling, Justice Cowdroy said that looking at the “power to prevent” section of the Copyright Act, there was “insufficient evidence” that iiNet could have used methods other than suspension or termination of user accounts found to have been infringing on copyright.‘Considerable errors’ in iiNet ruling: AFACT
At the close of the first day of the Australian Federation Against Copyright Theft’s (AFACT) appeal against the iiNet copyright trial decision earlier this year, AFACT barrister David Catterns criticised the way Justice Cowdroy had gone about ruling the case.At the conclusion of the original lawsuit AFACT brought against iiNet, Justice Cowdroy firstly ruled that the internet service provider (ISP) had not authorised its users’ infringements; secondly, it could not be expected to act to prevent the breaches under the Copyright Act; and finally, that iiNet had a policy in place to deal with customers infringing on copyright, but did not need to apply it in this case.

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