iiNet defends itself against claims that it allowed piracy

iiNet has been given until February to file a defense against the movie studios who allege that it permitted the illegal download of films by its customers willingly, in a landmark case that is set to rock the internet industry.

The deadline of February 5th was recently set by Justice Dennis Cowdroy in the Federal court and with a potential hearing to begin as early as March he advised that he wanted the matter to “move along rapidly”.

There was, however an indication that this may be a drawn out legal battle as iiNet’s lawyers said that the timetable indicated was far too ambitious.

The allegations that iiNet allowed the downloading of TV shows and pirated movies by its customers came out when suits were files last month by the Seven Network and seven major movie studios.

It seems that the prevention of illegal downloading on an internet provider’s network and the length to which it will have to go will be determined by this landmark case. The only choice left for the movie industry if it loses the case will be to follow in the footsteps of its US counterparts and chase individual downloader’s.

Any customers found to be illegally downloading should be iiNet’s responsibility and should be disconnected, is the argument put forward by the movie studios.

This case was something iiNet vowed it would defend vigorously, saying the copyright infringement notices that were sent to it by the Australian Federation Against Copyright Theft were forwarded on to the police and iiNet said that the decision as to whether someone was guilty of infringing copyright was up to the police then, not iiNet.

The argument that is being put forward by ISPs is that they should not be forced to become copyright police as, like the Australian post with letters, they are only providing a service. The frame of its defense, which is that the company “just provides the pipes”, began during the recent directions hearing with lawyers from iiNet.