GLOBAL PIRACY WATCH: AUSTRALIA’S ISP LIABILITY TEST CASE

On Oct. 6, 2009 the Federal Court of Australia began trial in the case of Australian Federation Against Copyright Theft (AFACT) v. iiNet Ltd. 

In Australia, AFACT  is considered a major test case, raising the question of whether an internet service provider (ISP), as the service through which infringers gain access to illegally copied materials, enables copyright infringement and is thus responsible for it.  AFACT is seeking money damages or an injunction which could, if successful, cut the internet service of  millions of Australian customers, raising the more existential question of whether or not it would be a good idea to "shut down" the internet.

According to its website, AFACT is an organization that represents "50,000 Australians directly impacted by copyright theft including independent cinemas, video rental stores and film and television producers across the country."  According to its motion papers, AFACT also represents, inter alia, Universal Pictures, Warner Bros. Entertainment, Paramount Pictures, Sony Pictures Entertainment, Twentieth Century Fox Film Corp., and Disney Enterprises, Inc.