Roadshow Films Pty Ltd v iiNet Ltd

The case of Roadshow Films Pty Ltd v iiNet Ltd involved a dispute between the plaintiff, Roadshow Films, and the defendant, iiNet Ltd, concerning allegations of copyright infringement by users of iiNet's network. The primary issues revolved around whether iiNet authorised, could have reasonably prevented, or took reasonable steps to prevent copyright infringement by its customers. Additionally, the court considered whether iiNet's actions complied with the 'safe harbour' provisions under the Copyright Act 1968 (Cth) and whether the Telecommunications Act 1997 (Cth) precluded iiNet from taking action based on the copyright infringement notices.

The court first addressed the issue of authorisation, determining that while mere inactivity or indifference might not suffice to prove authorisation, such conduct in conjunction with other factors could support an inference of authorisation. The court found that iiNet had not approved, sanctioned, or countenanced the acts of copyright infringement, and thus, the authorisation claim was dismissed. The court also examined whether iiNet could reasonably have prevented the infringements and whether it had taken reasonable steps to do so. The court found that iiNet had not fulfilled the conditions required under the'safe harbour' provisions, particularly failing to implement a policy for terminating the accounts of repeat infringers.

Further, the court considered whether the Telecommunications Act 1997 (Cth) prohibited iiNet from using the information contained in the copyright infringement notices for administrative purposes. The court concluded that the act did not prevent iiNet from taking appropriate actions based on the notices.

Ultimately, the court upheld the dismissal of the proceedings against iiNet, agreeing with the primary judge's decision. The appeal was dismissed, and the parties were directed to submit minutes concerning any argument related to costs.