Roadshow Films Pty Ltd v iiNet Limited (No. 3) [2010] FCA 24

FEDERAL COURT OF AUSTRALIA

Roadshow Films Pty Ltd v iiNet Limited (No. 3) [2010] FCA 24 Citation: Roadshow Films Pty Ltd v iiNet Limited (No. 3) [2010] FCA 24

Parties: Roadshow Films Pty Ltd (ACN 100 746 870) and the parties in attached Schedule I v iiNet Limited (ACN 068 628 937)

File number: NSD 1802 of 2008

Judge: COWDROY J

Date of judgment: 4 February 2010

Catchwords: INTELLECTUAL PROPERTY – Copyright Authorisation – Internet Service Provider provided internet to subscribers – allegations made to Internet Service Provider that those using its internet service were infringing copyright – whether persons using the internet service of the respondent infringed copyright by making available online, electronically transmitting and making copies of applicants' films – whether the respondent authorised the infringement which occurred – whether the respondent provided the means of infringement – whether the respondent had the power to prevent the infringements which occurred – whether the respondent sanctioned, approved, countenanced the infringements which occurred – whether s 276 of the Telecommunications Act 1997 (Cth)led to a finding that the respondent did not have the power to prevent infringement INTELLECTUAL PROPERTY – Copyright Authorisation – whether s 112E of the Copyright Act 1968 (Cth) prevented the respondent from being found to have authorised – whether the respondent had knowledge of the infringements which occurred INTELLECTUAL PROPERTY – 'Safe Harbour' Provisions – whether the respondent complied with the provisions of Division 2AA of Part V of the Copyright Act 1968 (Cth) – what constitutes a repeat infringer policy – whether respondent had a repeat infringer policy – whether respondent had implemented repeat infringer policy