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High Court to hear iiNet appeal case in December
17/10/2011

The High Court has allocated December 1 and 2 for film industry representative AFACT’s appeal of the Full Federal Court decision in Roadshow Films Pty Limited v iiNet Limited.

 

A coalition of film studios unsuccessfully sued internet service provider iiNet for infringement of copyright in the studios’ films In late 2008. AFACT then appealed to the Full Federal Court and while the appeal was dismissed, it was a mixed victory for iiNet as the Court did not preclude holding an ISP liable for authorsiation under different circumstances.

 

AFACT sought and secured special leave to appeal the case to the High Court – with the appeal now set for December 1 and 2. The appeal largely focuses around two issues:

 

(1) Whether the Full Federal Court erred in its application of the principles of authorisation and following this, whether the subsequent finding iiNet did not authorise its users’ copyright infringements is incorrect; and

 

(2) Whether the Full Court erred in its treatment of the “knowledge” aspect (i.e. how much iiNet needed to know before sufficient knowledge of the infringements could be demonstrated). AFACT’s notification procedure and iiNet’s responses to this will be of relevance here.

 

Click here for link to the High Court’s case information: http://www.hcourt.gov.au/cases/case-s288/2011

 

See the transcript of the High Court application for special leave at:

http://www.austlii.edu.au/au/other/HCATrans/2011/210.html