Piracy, downloading films online and breaches of copyright – the case of Roadshow Films Pty Ltd v iiNet Limited attracted worldwide attention and with the subject matter involved it is not surprising.
34 applicants including big players such as Warner Bros Entertainment, Disney Enterprises, Universal Pictures (Australia) and Twentieth Century Fox brought an action alleging that iiNet (an Internet Service Provider) authorises ‘infringement of copyright of its users or subscribers when they download cinematography films in a manner which infringes copyright.’
Justice Cowdroy dismissed the application finding that iiNet did NOT authorise the copyright infringements’ and this was for three key reasons:
- The copyright infringements occurred directly as a result of the use of the BitTorrent system and not by use of the internet itself.
- iiNet did not have the power to prevent the copyright infringements from occurring
- iiNet did not ‘sanction, approve or countenance’ copyright infringement.
Essentially, because iiNet was merely an Internet Service Provider and did not provide the ‘means’ of infringement and because iiNet did not sanction the infringement, they could not be held liable for the actions of those who engaged in the illegal action.
This is one of the first, if not the first case worldwide to test and hear this issue. Internet Service Providers everywhere undoubtedly breathed a sign of relief when judgment was handed down on 4 February 2010.
However, if the Internet Service Providers have been found not to be at fault, the question has to be asked, who will the film companies target next?
ANDREA CARNUCCIO
Law Clerk
