Roadshow Films Pty Ltd v iiNet Limited [2012] HCA 16

Roadshow Films Pty Ltd v iiNet Limited [2012] HCA 16

iiNet did not authorise the copyright infringements committed by its customers using the BitTorrent system. The High Court found that iiNet only had an indirect power to prevent infringement (termination of service) and that the information provided by AFACT was insufficient to require iiNet to issue warnings or...

Source-derived case information.

Parties
Appellant: Roadshow Films Pty Ltd & Ors; Respondent: iiNet Limited; Amicus Curiae: Australasian Performing Right Association Limited; Amicus Curiae: Communications Alliance Limited
Jurisdiction
Australia
Judgment Date
20 April 2012
Procedural Posture
Appeal / High Court Judgment on Appeal From the Full Court of the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
Copyright, Copyright Infringement, Authorisation Liability, Internet Service Providers, Peer to Peer File Sharing
Intellectual Property Copyright Copyright Infringement Authorisation Liability Internet Service Providers Peer to Peer File Sharing

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Parties

Roadshow Films Pty Ltd & Ors

Appellant

iiNet Limited

Respondent

Australasian Performing Right Association Limited

Amicus Curiae

Communications Alliance Limited

Amicus Curiae

Procedural Posture

Appeal / High Court Judgment on Appeal From the Full Court of the Federal Court of Australia

Legal Issues

  1. 1 Whether the respondent iiNet authorised the infringement of copyright in the appellants' films by users of iiNet's internet services through use of the BitTorrent system

Ratio Decidendi

iiNet did not authorise the copyright infringements committed by its customers using the BitTorrent system. The High Court found that iiNet only had an indirect power to prevent infringement (termination of service) and that the information provided by AFACT was insufficient to require iiNet to issue warnings or terminate customers' access without exposing itself to risk. iiNet's inactivity in the circumstances did not amount to 'authorisation' of copyright infringement for the purposes of the Copyright Act 1968 (Cth).

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.