Australia: Illegal Downloads, The Dark Knight And Copyright Infringement

Who would have thought that a bank robbery scene from The Dark Knight would be shown in the Federal Court to illustrate copyright piracy? The scene was shown to illustrate the copyright piracy that iiNet (Australia's third largest internet service provider after Telstra and Optus) is alleged to have encouraged its customers to engage in by illegally sharing copies of movies and music files on its network.

The Australian Federation Against Copyright Theft (AFACT) brought a copyright infringement claim in the Federal Court against iiNet on behalf of 34 claimants including Warner Brothers, Village Roadshow, Twentieth Century Fox Film Corporation, Paramount Pictures, Disney Enterprises, Columbia Pictures and Seven Network. It was alleged that iiNet failed to "take reasonable and appropriate steps" to stop the infringing activity from taking place on its network.

AFACT submitted to the court that one year of investigations into iiNet's network revealed 94,942 instances in which users made unauthorised copies of movies such as Harry Potter and Batman available using file sharing software such as BitTorrent. AFACT submitted to the court that infringements had been occurring weekly, daily and hourly and that iiNet authorised the illegal activities on its network. Even radio advertisements for iiNet encouraged users to download TV programs to boost profits.

This case is particularly significant because it will determine how far internet service providers must go to police and prevent illegal downloading.

A judgment is expected next year. If judgment is found in favour of AFACT, any damages awarded could be substantial and potentially have an effect on iiNet.

An update will be released when the judgment is handed down next year.

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