[LINK] itNews: 'iiTrial heads to High Court ...'

Roger Clarke Roger.Clarke at xamax.com.au
Wed Oct 5 08:59:41 AEDT 2011

iiTrial heads to High Court hearings in December
By Ry Crozier on Oct 4, 2011 3:24 PM (17 hours ago)

ISP iiNet will head to the High Court in December for the latest 
round of hearings in its long-running copyright battle with the film 

The High Court of Australia has set aside December 1 and 2 to hear 
the appeal by the Australian Federation Against Copyright Theft 
(AFACT), representatives of the parties confirmed to iTnews.

AFACT is appealing two Federal Court judgments that found iiNet has 
not authorised alleged copyright infringing activities committed by 
its subscribers.

The ISP is expecting to lodge its written submissions to the High 
Court by the end of business Wednesday.

AFACT won the right to escalate the battle to the High Court in 
August on five appeal grounds.

Already, a number of third parties had lodged applications with the 
High Court as amicus curiae or 'friend of the court'.

They included the Australasian Performing Right Association (APRA), 
the Australian Recording Industry Association (ARIA), the Media, 
Entertainment and Arts Alliance (MEAA) and the Screen Actors Guild 

All had so far lodged paperwork that sought to support the film 
industry's case.

The Australian Digital Alliance is also expected to lodge an amicus 
application with the High Court.

The alliance said in an email that it had been preparing a brief and 
had retained Victorian barrister Edward JC Heerey as counsel.

Amicus applications by various parties were largely ignored by the 
lower courts in hearings into the iiNet versus AFACT case.

Roger Clarke                                 http://www.rogerclarke.com/
Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA
                    Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au                http://www.xamax.com.au/

Visiting Professor in the Cyberspace Law & Policy Centre      Uni of NSW
Visiting Professor in Computer Science    Australian National University

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