Roadshow Films Pty Ltd & Ors v iiNet Limited

Roadshow Films Pty Ltd and others (the copyright holders) brought proceedings against iiNet Limited (an internet service provider) alleging that iiNet had facilitated copyright infringement by its users. The copyright holders contended that iiNet was authorising or was otherwise a joint tortfeasor in the infringement of their films and television programs by users of iiNet's internet services, primarily through the BitTorrent peer-to-peer file-sharing system. The matter proceeded to the High Court of Australia.

The central legal issue before the High Court was whether iiNet had authorised the infringement of copyright by its users. This involved determining the scope of iiNet's knowledge and control over the infringing activities of its subscribers, and whether its actions or omissions constituted authorisation under section 36(1) of the *Copyright Act 1968* (Cth). The court also considered whether iiNet had taken reasonable steps to prevent its services from being used for copyright infringement.

The High Court, by majority, held that iiNet had not authorised the infringement of copyright. The majority reasoned that while iiNet had knowledge that some of its users were infringing copyright, this knowledge alone, coupled with its provision of internet services, did not amount to authorisation. Crucially, the court found that iiNet did not have the requisite degree of control over the infringing acts of its users to be considered an authoriser. The court emphasised that authorisation required more than merely providing the means for infringement; it involved some level of active encouragement or assistance. The majority also noted that iiNet had taken some steps to address infringement, such as issuing notices to users, although the effectiveness of these steps was debated.

The High Court dismissed the appeal, finding that iiNet was not liable for authorising copyright infringement by its users.