Anti-Piracy Group Objects To Friend of the Court Application
Written by enigmax on September 09, 2009As the legal machinery continues to grind in the case of anti-piracy group AFACT versus ISP iiNet, Australia’s Internet Industry Association (IIA) feels it has something to offer the proceedings. IIA has applied to be amicus curiae, a ‘friend of the court’, but AFACT has objected, insisting the group would not be impartial and would favor iiNet.
The ongoing battle over alleged BitTorrent piracy between several studios – Village Roadshow, Universal Pictures, Warner Bros Entertainment, Paramount Pictures, Sony Pictures Entertainment, Twentieth Century Fox Film Corporation, Disney Enterprises, Inc. and the Seven Network (all under the umbrella of AFACT), against Australian ISP iiNet continues to drag on.
Now Australia’s Internet Industry Association (IIA) is set to request permission to join the fight.
IIA has more than 140 members and has applied to offer its expertise to the proceedings as amicus curiae (friend of the court), as explained by iiNet’s chief regulatory officer Steve Dalby;
“What an amicus is required to do is to provide information that is to the public interest that may or may not come out of the evidence provided by the parties.”
However, while iiNet has welcomed IIA getting involved, the same enthusiasm is not shared by AFACT. Since iiNet is a member of IIA, AFACT claims that it would be impossible for the industry association to be neutral on the issue.
AFACT went further with its accusations of non-impartiality by claiming that IIA had been working with iiNet on the background of the current case. However, according to the ARN report, iiNet denied that IIA had assisted with the case.
Dalby insists that IIA’s involvement in the case would not prove provide iiNet with an advantage and said that iiNet works with IIA and lots of other groups adding, “We would happily work with the movie industry if it was prepared to work with us to develop systems to distribute its products.”
The judge in the case will decide if IIA’s application will be accepted shortly and the trial itself will begin in less than a month on October 6th.
Previously: Tip-off Sees Bailiffs Sail Off In Pirate Bay Buyer’s Boat
Next: Record Labels Fear Virgin’s Piracy Solution
19 Responses
I hope it Will work out
So to sum it up, blatant bias is only allowed when the anti-piracy lobbies do it.
I guess it falls under the same double meaning definition of “stealing” that they have, it’s perfectly fine when they do it.
Having biased judges in Sweden who work with and are friends with the lawyers of the industry are fine, the same judges can be high ranking members in organizations that want stronger copyright… thats fine too, but if another organization wants to explain how things work and it can have a negative impact on your case… not fine at all.
After all, they might expose that anti-piracy methods use voodoo,witchcraft and dragon powder mixed with a unicorn’s horn as their main ingredients to track down pirates.
“AFACT went further with its accusations of non-impartiality by claiming that IIA had been working with iiNet on the background of the current case.”
Hmmm, you mean like AFACT has been “working” with the politicians buying them off …. excuse me, making “political contributions to them”? And probably the judges too?
Again, an examination of the money trail would be in order, I think.
More bs from these anti filesharing retards. They will probably force more ISP’s to block access to great sites like what happened where i live. Heres a great proxy though i use all the time, no spammy ads or anything, pretty fast aswell!
http://www.piratebayproxy.org/
Can someone please DOS this ghostbay site?
I would rather be eating dirt than going to your
trash site
Reminds me of the movie where Jim Carrey is a lawyer, who can’t lie for 24 hours.
In court, at some point he cries out:
“I object. This will hurt my case.”
ohh NOWW your worried about ‘impartiality..’
funny.. i don’t recall anyone being concerned about this except TPB crew in there trial..
hmm..
oh well. pirate for life. f*ck you.
All things being equal, the only way AFACT could win the trial is if they hide truth. However, not all things are equal.
These comments are stupid. You all seem to have the attitude of “hurr IIA can do it because the MAFIA (look at me I’m so cool because I spell it that way) does it.”
The point is that no company/organization should not be allowed to influence court proceedings.
To everyone saying the IIA can be biased and influence court outcomes because the antipiracy groups do, really needs to grow up. You know what? AFACT is right the IIA is completely biased towards iinets favour (with good reason) and shouldnt be allowed to be a friend of the court
Biased.. really? how so?
^^^
I see now that they begin to worry about someone being impartial when it is used against them. Hypocrites.
However, I agree with 10 Anonymous, no company, whether it is on our side or their side should be able to influence the court. That isn’t justice.
Actually, Sendaii, I believe “10″ ”Anonymous” in so many words said specifically that no company or organisation should be restricted from having the opportunity to influence court proceedings:-> “…no company/organization should not be allowed…”
I also would like to say that, as a filesharer and internet freedom advocate, I wouldn’t be happy to let the ISP’s association influence justice, because no private company with its own agenda should be able to dictate justice.
However I recognise that someone here is needed to explain the highly technical parts of this case to the old bastards in charge.
I can also see that neither side is going to be able to agree on who that person is.
Since is against the MAFIAA I don’t feel like complaining much at this time although it is worrying that this could happen and shows how messed up governments and judicial systems are and then they ask us why we ignore laws and don’t go vote for anyone anymore.
This.
The law is dead and we will object the 7 major corporations of parasites and terrorists with pest killer.
If the IIA have evidence to help the case I don’t see it as them unfairly biasing the decision of the judge..
Judges in the high court don’t make their way there by being retards…
They are smart enough to look at the IIA objectively… anyone who thinks otherwise is an idiot…
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