Abstract

http://ssrn.com/abstract=1948848
 


 



Liability of ISPs for End-User Copyright Infringements: The First Instance Decision in Roadshow Films Pty Ltd v. iiNet Ltd (No 3)


David F. Lindsay


Monash University - Faculty of Law

2010

Telecommunications Journal of Australia, Vol. 60, p. 1, 2010
Monash University Faculty of Law Legal Studies Research Paper No. 56

Abstract:     
In Roadshow Films Pty Ltd v. iiNet [2010] FCA 24, Cowdroy J held that the ISP, iiNet, was not liable for authorising infringements of copyright committed by its subscribers downloading films by means of the BitTorrent peer-to-peer (P2P) system. This article critically analyses the decision of the trial judge, which is now on appeal to the full federal court, pointing out that key aspects of the reasoning are contrary to established law on authorisation liability, as well as to the text of the Copyright Act. As the article explains, while there are good grounds for an appeal, the outcome in the appeal court is far from certain. The article also examines the extent to which an ISP should be held liable for the infringing activities of its subscribers, concluding that this is a complex issue best dealt with by the legislature. If ISPs are to be given greater responsibility for the infringing activities of their subscribers, there may be a need for procedural safeguards to protect against unjust suspensions or terminations of subscriber accounts. In any case, the existing law on the indirect liability of Internet intermediaries, such as ISPs, is manifestly inadequate, and requires reform.

Keywords: ISP, Roadshow Films, copyright, end-user, authorisation liability

JEL Classification: K00, K01, K19, K20, K29, K30, K39

Accepted Paper Series


Not Available For Download

Date posted: October 25, 2011  

Suggested Citation

Lindsay, David F., Liability of ISPs for End-User Copyright Infringements: The First Instance Decision in Roadshow Films Pty Ltd v. iiNet Ltd (No 3) (2010). Telecommunications Journal of Australia, Vol. 60, p. 1, 2010; Monash University Faculty of Law Legal Studies Research Paper No. 56. Available at SSRN: http://ssrn.com/abstract=1948848

Contact Information

David F. Lindsay (Contact Author)
Monash University - Faculty of Law ( email )
Wellington Road
Clayton, Victoria 3800
Australia

Feedback to SSRN


Paper statistics
Abstract Views: 314

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.297 seconds