Суд в Австралии признал AFACT организацией, действующей в интересах её членов, а не независимым правообладателем

While it is nice to see that AFACT is actually an MPAA sock-puppet confirmed, the important point is that the Judge worked this out during the trial. He considered throwing the case out, but decided that that would just duck the issue – so he dealt with it. To quote Justice Cowdroy from Roadshow Films v iiNet: “AFACT is an organisation set up for the purposes of benefiting its members. The exact nature of the relationship between the applicants and AFACT is not clear. Mr Gane, the Executive Director of AFACT, suggested that there was no formal membership process by which one can become a member of AFACT, whether by application or agreement. The Motion Picture Association (?MPA?) and the Motion Picture Association of America (?MPAA?) have a membership of the major American film studios. They are not associated with AFACT by any formal written agreement. However, AFACT does report to the regional branch office of the MPA which is based in Singapore. In respect of operations in the Asian region, the Singapore office of the MPA prepares a business plan or budget for AFACT which is approved by the Los Angeles head office of the MPA. […] [I]t must be remembered that the applicants were not the entities making the allegations of copyright infringement in the lead up to these proceedings: rather, AFACT was doing so. [T]he exact relationship between AFACT and the actual copyright owners (the applicants) is, at best, unclear.”