IiNet shares resumed trading after today’s judgment. The stock gained 1.7 percent to A$3.08 as of 12:02 p.m. on the Australian Stock Exchange, while the S&P/ASX200 index declined 0.1 percent.
Tony Bannon, a lawyer representing the film studios, cited a case of an iiNet customer downloading a copy of “Pineapple Express” in 2008, which could be identified from the BitTorrent application information. Iinet failed to warn its customers that downloading unauthorized content was illegal, Bannon told the five-member High Court panel at a Dec. 1 hearing.
“Without providing a warning of some form, they are authorizing,” Bannon said, referring to the Internet provider.
IiNet takes a lot of steps to encourage people to use legitimate content, Richard Cobden, the company’s lawyer, told the court at the same hearing.
Apple Agreement
“People conceivably do not mind spending a little bit of money,” Cobden said. “If the thing is available as an authentic item, they will download it.”
The Internet provider has an agreement with Apple Inc.’s iTunes, for example, that lets customers download films without affecting their monthly download allowance, Cobden said.
The High Court judgment supported the company’s position and proved the studios’ claims were unfounded, iiNet Chief Executive Officer Michael Malone said today.
“Iinet has never supported or encouraged unauthorized sharing or file downloading,” Malone said in an e-mailed statement.
Also appealing were Time Warner Inc. (TWX)’s Warner Bros. Entertainment Inc.,www.tomsshoes2sale.com Twentieth Century Fox Film Corp., a unit of News Corp. (NWSA), and 30 other entities who owned or had exclusive licenses to commercially released films.
An appeal court last year upheld Justice Dennis Cowdroy’s 2010 verdict that iiNet wasn’t liable.
The case is Roadshow Films Pty. Ltd. v iiNet Ltd.2011/HCATrans 323, High Court of Australia (Canberra.)