Corrs in Brief: Roadshow Films v iiNet (Full Court appeal) - ISP not liable for authorising copyright infringement (but only just!)

On 24 February 2011, the Full Court of the Federal Court delivered its decision in Roadshow Films vs iiNet Limited [2011] FCAFC 23. This important decision concerns the liability of an internet service provider (ISP) for online copyright infringement by its users.

By majority, the Full Court upheld the trial judge’s conclusion that iiNet Limited (iiNet), an ISP, was not liable for “authorising” copyright infringement.

The majority of the Full Court emphasised, however, that liability was not established in these circumstances only because the copyright owners had not provided more detailed information and verification to support their allegations.

The Full Court’s decision will provide impetus towards a legislative or industry-based solution to address the problem of online copyright infringement. In the interim, ISPs should reconsider their measures for addressing online copyright infringement to accord with the Full Court's expectations.