Roadshow Films Pty Ltd v iiNet Limited [2012] HCA 16

HIGH COURT OF AUSTRALIA

FRENCH CJ,

GUMMOW, HAYNE, CRENNAN AND KIEFEL JJ

ROADSHOW FILMS PTY LTD & ORS APPELLANTS

AND

IINET LIMITED RESPONDENT

Roadshow Films Pty Ltd v iiNet Limited [2012] HCA 16

20 April 2012

S288/2011

ORDER

Appeal dismissed with costs.

On appeal from the Federal Court of Australia

Representation

A J L Bannon SC with J M Hennessy SC and C Dimitriadis for the appellants (instructed by Gilbert + Tobin Lawyers)

R Cobden SC with R P L Lancaster SC and C J Burgess for the respondent (instructed by Herbert Geer Lawyers)

M J Leeming SC appearing as amicus curiae on behalf of the Australasian Performing Right Association Limited (instructed by Banki Haddock Fiora)

P W Flynn appearing as amicus curiae on behalf of the Communications Alliance Limited (instructed by Carwardine Legal Solicitors)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Roadshow Films Pty Ltd v iiNet Limited

Intellectual property – Copyright – Infringement – Authorisation – Appellants owners and exclusive licensees of copyright in commercially released films and television programs ("appellants' films") – Respondent internet service provider supplied internet services under agreement requiring that services not be used to infringe others' rights or for illegal purposes – Users of respondent's internet services infringed copyright in appellants' films by making appellants' films available online using BitTorrent peer-to-peer file sharing system – Notices served on respondent alleging copyright infringement by users of respondent's internet services – Respondent took no action in response to notices – Whether respondent authorised infringement of copyright in appellants' films by users of respondent's internet services.