On what grounds would they take iiNet to court? That's like taking the Qld State Govt to court because the roads they provide is used by people for transporting bootleg copies of movies for sale in the city. Sure, the Govt knows about it, and it happens but they can't set up checkpoints along every road intersection to look for contraband goods that's affecting some business's bottom line. I think you're right. I remember they did start counting uploads a year or so ago. Maybe they had an inkling that this was going to happen and decided to count upload to slow down the users using torrents on their network.