The Federal Court of Australia judges were wrong, according to AFACT, and it’s off to the High Court for the movie studios and iiNet. In particular, the studios will seek leave to appeal their loss to the High Court.
The studios – Village Roadshow “and others” from the original case – want the High Court to overturn the majority judgment in the Federal Court, which found that iiNet did not “authorise" copyright infringement on its network.
Through their official lobby/mouthpiece AFACT (which, however, never managed to get itself inserted into the court proceedings), the argument being that the court “did not apply the legal test for authorisation correctly”.
If leave to appeal is granted, the case will lurch out of its coffin sometime this year. ®
*Apeal is how the AFACT press release spells it, for now at least.