An appeal from the Federal Court decision of Roadshow Films Pty Ltd v iiNet Ltd handed down in February this year may go a little further in resolving the practical issues surrounding copyright infringement occurring through illegal movie downloads.
The appeal underway this week against Cowdroy J’s decision at first instance comes as an attempt to create a precedent that would hold Internet Service Providers, such as iiNet, accountable for copyright infringements committed by its subscribers. At first instance, Cowdroy J did not find the ISP to have authorised the illegal downloading of copyrighted content (as they did not control the Bit Torrent system), thus seeking to close an important avenue for the 34 applicants and the film industry at large.
Conversely, if the appeal is allowed, further action could still be brought against such ISPs as further infringements occur. This is based on the premise that ISPs will not be able, at least in the short term, to manage the extensive policing activities necessary to prevent the infringements from occurring.
Whatever the outcome, it is likely that litigation will continue on to the High Court.
For more information, please contact Gary Rogers on +61 (0)2 9300 3101 (direct), or +61 (0)411 110 303 (mobile),or by email at grogers@blueprintlaw.com.au, or click to call by Skype.
