Seven leading film companies and their affiliates and licensees have filed legal action against the major Australian internet service provider, iiNet, it has been announced.
The action was filed by Village Roadshow, Universal Pictures, Warner Bros Entertainment, Paramount Pictures, Sony Pictures Entertainment, Twentieth Century Fox Film Corporation, Disney Enterprises, Inc. and the Seven Network, the Australian licensees of some of the infringed 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 unauthorized use of copies of the companies’ films and TV programs by iiNet’s customers via its network.
Executive Director of the Australian Federation Against Copyright Theft (AFACT), Adrianne Pecotic, said the action taken by AFACT’s members was necessary because the internet service provider (ISP) ignored repeated notices over many months identifying thousands of illegal file transfers via iiNet’s network carried out by its customers.
“iiNet refused to address this illegal behaviour and did nothing to prevent the continuation of the infringements by the same customers”, Ms Pecotic explained, going on to add:
“iiNet has an obligation under the law to take steps to prevent further known copyright infringement via its network. Our members have asked the court to order the ISP to act to prevent the continuing unauthorized use of copies of our titles by its customers, consistent with iiNet’s own terms and conditions which prohibit illegal activity on its network.”
Roadshow Entertainment Managing Director Chris Chard also commented:
“Our titles including Happy Feet, No Reservation and I am Legend have been pirated by iiNet’s customers via its network using bit torrent technology.”
“Piracy impacts our film production business, but also our cinemas, DVD business, and our studios. Ultimately piracy results in lost jobs, and limits investment in new programs and films, as well as in new technologies which benefit consumers. This will only worsen as broadband speeds increase if we do not take action now”, Mr Chard added.
The proceedings will be back before the Court on December 17, 2008.
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