Roadshow

Roadshow v iiNet 2

3 Comments / Copyright / / / , , , , , ,

Last month, iiNet (by the skin of its teeth) avoided being found liable for authorising the P2P infringing activities of users of its internet access services.

Kim Weatherall and Ass. Pro. David Brennan provide their respective initial takes here and here.

Perhaps in recognition that iiNet (and pretty much any other ISP) will be in big trouble if they sit on their hands when the next letter of demand comes in from AFACT notice comes in, Meanwhile on 11 March, the Internet Industries Association has announced that it is “fastracking” development of an industry code to deal with copyright infringement.

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iiNet still wins

3 Comments / Copyright / / / , , , , ,

Appeal dismissed:

Roadshow Films Pty Limited v iiNet Limited [2011] FCAFC 23

SMH report

However, Jagot J dissented and Emmett J warned:

Even though the Copyright Owners are not entitled to the relief claimed in this proceeding, it does not follow that that is an end of the matter.  It is clear that the questions raised in the proceeding are ongoing.  It does not necessarily follow that there would never be authorisation within the meaning of s 101 of the Copyright Act by a carriage service provider, where a user of the services provided by the carriage service provider engages in acts of infringement such as those about which complaint is made in this proceeding.  It does not necessarily follow from the failure of the present proceeding that circumstances could not exist whereby iiNet might in the future be held to have authorised primary acts of infringement on the part of users of the services provided to its customers under its customer service agreements.

Lid dip: Sarah Matheson

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