iiNet managing director Michael Malone has said in the Federal Court that iiNet does not have the technical capability to block users from torrent site The Pirate Bay, and that any block could be easily surpassed by users.
The claim comes on the 14th day of the case between the company and the film industry, represented by the Australian Federation Against Copyright Theft.
After demonstrating to the court how The Pirate Bay works by providing users with “torrent” files, AFACT barrister Tony Bannon questioned the motivation behind iiNet’s allowance of access to the site.
“[The question is] whether iiNet would have any desire for its customers to be accessing a site when the only purpose it serves is providing a way to download unauthorised copies of films?” Bannon said to Malone.
Bannon went on to say that if AFACT is successful, it will seek an order for iiNet to block certain torrent sites including The Pirate Bay.
“We will seek an order that iiNet be ordered to block access to certain sites and this is one of those sites. We seek Mr Malone’s position as to whether or not his customers should have access to sites such as this.”
But Malone said the company does not currently have the ability to block the site, which was ordered to be shut down by a Swedish court earlier this year.
“You’ve certainly taken no steps to block access of any customers to the Pirate Bay site, do you agree?” Malone replied the company doesn’t “have the technical capability to do it today”.
“To do a very na
Patrick Stafford is a freelance journalist and a former deputy editor of SmartCompany.
