Media Union joins iiNet in court

The Media Entertainment and Arts Alliance (MEAA) has made application to the Federal Court to be heard in a landmark online copyright trial involving the Perth based ISP iiNet.

Simon Whipp, the MEAA’s national director of Actors Equity, said that the court had accepted the application which would be considered by the full bench during the appeal hearing next week.

The case has run since 2008 when more than 30 entertainment companies sued iiNet, arguing it was liable for acts of copyright infringements carried out by its customers.

The group, represented by the Australian Federation Against Copyright Theft (AFACT), lost its bid in February when Federal Court Justice Denis Cowdroy ruled that iiNet had not authorised its customers to commit acts of copyright infringement.

‘It is impossible to conclude that iiNet has authorised copyright infringement... (it) did not have relevant power to prevent infringements occurring,’ Justice Cowdroy said at the time.

AFACT appealed the decision two weeks later on grounds claiming that Justice Cowdroy had incorrectly applied case law relevant to the trial.

The MEAA today said that internet providers were profiting from their customers' downloading activities at the film industry's expense.

‘We don't think that they can hide behind their clients anymore. They are making a profit based on how much they download and we don’t' think that they can hide behind in making the arguments they make,’ Mr Whipp said.

Australia's film industry has been critical of the Federal Court's decision. It's understood that the industry fears that illegal movie downloads will erode second-tier film and television production income streams generated by sales of DVDs and broadcast rights.