Providing Services to Copyright Infringers: Roadshow Films Pty Ltd v iiNet Ltd

Sydney Law Review, Vol. 33, No. 4, 2011

31 Pages Posted: 18 Nov 2011

See all articles by Kimberlee G. Weatherall

Kimberlee G. Weatherall

The University of Sydney Law School

Robert Burrell

University of Melbourne - Law School

Date Written: November 16, 2011

Abstract

In Roadshow Films v iiNet the Australian High Court will consider whether an Internet Service Provider (ISP) can be held liable for authorising copyright infringements committed by its subscribers. The case has significant ramifications for the regulation of the internet in Australia and may colour international debates about the responsibility of ISPs towards copyright owners. The legal issues at stake are, however, relatively self-contained and the authors argue that it would be inappropriate for the High Court to seek to draw on broader issues of policy when arriving at its decision. The authors argue that the Full Federal Court erred in building its reasoning on authorisation around the expectation that termination of user accounts was required. On the contrary, iiNet was not required to suspend or terminate accounts in order to avoid liability. iiNet was, prima facie, required to pass on copyright warning notices generated by the applicants to its subscribers. However, despite having failed to take even this limited step, iiNet avoid liability thanks to the operation of s 112E of the Copyright Act 1968 (Aust.), which deems certain conduct not to constitute authorisation of infringement.

Keywords: copyright, authorisation, secondary liability, three strikes

Suggested Citation

Weatherall, Kimberlee Gai and Burrell, Robert, Providing Services to Copyright Infringers: Roadshow Films Pty Ltd v iiNet Ltd (November 16, 2011). Sydney Law Review, Vol. 33, No. 4, 2011. Available at SSRN: https://ssrn.com/abstract=1960807

Kimberlee Gai Weatherall

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Robert Burrell (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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