In considering these factors, Cowdroy J held that iiNet did have the power to cancel or suspend the accounts of users, but that it would not have been reasonable for iiNet to have acted on the AFACT Notices.
The appeal therefore turned ultimately on whether it would have been reasonable for iiNet to act on the AFACT Notices by warning infringing users, or suspending or terminating their accounts.
Emmett J found that AFACT Notices did not contain sufficient information upon which iiNet could rely.
In addition (and more importantly according to Emmett J), the Copyright Owners did not offer to reimburse iiNet for any costs incurred in complying with the demands made in the AFACT Notices.
His Honour also stated that iiNet received so many infringement notices (both the AFACT and Robot Notices), that an automated system of warnings, suspension and termination would be required in order to deal with them.
points to its dual approach of education and enforcement to battle TV pirates but is unable to outline a specific TV action plan, unlike film, which has seen a number of litigations and a successful cinema and DVD advertising campaign.
Last week AFACT
issued a further 10 cease-and-desist letters to people trading in illegal DVD movies on Internet auction sites across Australia.
The members of AFACT have been working diligently with elected officials, candidates, the Department of Insurance, and House and Senate Committees to provide information and to help them carefully and deliberately craft new laws that might be needed in the future.
At this time, AFACT does not believe there's a need for a special session of the legislature.
If the bill had been signed into law, thousands of policies would have had to be rewritten although AFACT
said the legislation was ambiguous and left in question which provisions of existing policies would be voided.
AFACT says the bill could eliminate the insurance companies' traditional role of participating in the defense of their clients sued in tort litigation.
If the bill is signed into law, thousands of policies may have to be rewritten though AFACT says the legislation is ambiguous and leaves in question which provisions of existing policies would be voided.