In February 2010, AFACT launched an appeal against Justice Cowdroy's finding that iiNet did not authorise copyright infringement, to be held on 2-5 August before Justices Emmett, Jagot and Nicholas.

iiNet chief executive officer Michael Malone said in a statement that he was confident the Federal Court would reaffirm and strengthen its earlier decision. Malone said iiNet had filed a notice of contention in response to the appeal and is seeking that the Federal Court not only reaffirm its earlier decision, but also that the Court overturn specific aspects of the case where the court did not find in iiNet's favour.

"We go into this latest round anticipating we will come out in an even stronger position than when we won [in] February," Malone said.

"Justice Cowdroy's judgement was unequivocally in our favour and we are confident the Full Court will confirm his ruling and strengthen it."

Disappointed that the Hollywood studios have sought to continue the battle, Malone said: "Neither the original case nor this latest appeal will stop piracy - even if in the unlikely event they won the appeal.

"More legal proceedings are not the solution. New approaches and models, like Hulu and Freezone, are the most effective solution to the problem, as acknowledged by the studios in the original proceedings, not more court hearings."