iiNet decision frees other ISPs from risk of reprisals from copyright owners

On 4 February 2010, the Federal Court of Australia gave its highly anticipated judgment in Roadshow Films Pty Ltd v iiNet Limited (No. 3) [2010] FCA 24. This case is widely regarded as a test case on the issue of whether copyright owners can hold Internet Service Providers (ISP) responsible for authorising the copyright infringements of users.

Background

Roadshow Films Pty Ltd, along with 33 other applicants representing major motion picture studios in Australia and the United States (Roadshow), initiated proceedings against Australian ISP iiNet Ltd (iiNet), for infringement of copyright in a large catalogue of cinematograph films (Films). The Australian Federation Against Copyright Theft assisted Roadshow in the conduct of its claim.

Roadshow's primary claim was that subscribers and other users of iiNet used a BitTorrent based peer to peer system (BitTorrent System) in combination with iiNet's internet facilities to download minute packets of data which, when amassed, comprised files containing the Films. Roadshow claimed that this amounted to infringement of its copyright in the Films and that, in failing to notify, suspend or terminate subscriber accounts in response to the alleged acts...