The High Court has recently heard the Roadshow v iiNet appeal. (see Roadshow Films Pty Ltd & Ors v iiNet Limited). The case concerns whether iiNet can be held liable for authorising its users’ copyright infringements.
The Court will have to decide under what circumstances an ISP which provides an internet service to a customer on terms regulating the use of that service is
liable for acts of copyright infringement undertaken by users of that service.
In the hearing before the Full Court of the Federal Court in Roadshow Films Pty Ltd & Ors v iiNet Limited, the Court had to decide what the required quality of notice of actual or likely infringements on its customer accounts which iiNet had to have before being required to take a reasonable steps to take action against users, or alternatively to be found liable for having authorised such infringements.