ISP Liability for End-User Copyright Infringements: The High Court Decision in Roadshow Films v. iiNet

Telecommunications Journal of Australia, Volume 62, Number 4, 2012

Monash University Faculty of Law Legal Studies Research Paper No. 2013/32

24 Pages Posted: 30 Nov 2013 Last revised: 9 Dec 2013

Date Written: 2012

Abstract

In Roadshow Films v iiNet, the High Court unanimously held that iiNet was not liable for copyright infringements committed by its subscribers by means of the BitTorrent peer-to-peer file-sharing system. While the two judgments delivered by the High Court have clarified the extent to which ISPs may be liable for end-user infringements, they have created considerable legal uncertainty about authorisation liability, which is the main Australian doctrine under which a person may be found liable for the infringing conduct of another person. This article explains and analyses the two judgments delivered by the High Court in iiNet, focussing on the implications of the decision for ISPs, and for authorisation liability more generally.

Keywords: copyrights, intermediaries, ISPs, P2P

Suggested Citation

Lindsay, David F., ISP Liability for End-User Copyright Infringements: The High Court Decision in Roadshow Films v. iiNet (2012). Telecommunications Journal of Australia, Volume 62, Number 4, 2012, Monash University Faculty of Law Legal Studies Research Paper No. 2013/32, Available at SSRN: https://ssrn.com/abstract=2361187

David F. Lindsay (Contact Author)

UTS: Law ( email )

15 Broadway Ultimo
PO Box 123
Sydney, NSW 2007
Australia

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