IN BRIEF
After much deliberation, the iiNet matter has been laid to rest
with the High Court upholding the Full Federal Court decision that
iiNet is not liable for the copyright infringing actions of its
customers.
Ultimately, the case turned on what it meant to
"authorise" conduct in breach of section 86 of the
Copyright Act, and whether, based on the facts, iiNet had
authorised its customers to infringe the copyright of the film
studio appellants.
As the decision in this case was heavily dependent on the facts
and circumstances surrounding the alleged breach, it is arguable as
to what comfort it gives to the rest of the ISP industry.
RECAP
The film studios and the Australian Federation Against Copyright
Theft (AFACT) argued that iiNet was in breach of
section 86 of the Copyright Act because it authorised the
users of its internet services to communicate infringing material
to the public online using the BitTorrent system. The authorisation
was said to
