iiNet copyright decision fails to follow Hollywood’s script: ISP liability for infringement by subscribers?

Roadshow Films Pty Ltd v iiNet Limited (No. 3) (Federal Court of Australia, 4 February 2010)

Background

In a landmark copyright decision handed down earlier this month, the Federal Court of Australia dismissed an application by a group of 34 major film studios against Australian internet service provider iiNet Limited for infringement of copyright in a large number of cinematograph films.

The case is understood to have been the first trial in the world which looked at the issue of whether an internet service provider ("ISP") is liable for the copyright infringement of its subscribers and therefore attracted significant global interest.

The decision

In the case, the film studios alleged that a number of iiNet subscribers infringed copyright by sharing and downloading films and television programs using the online peer-to-peer file sharing network BitTorrent and that by failing to take any steps to prevent or stop the infringing conduct, iiNet authorised