Roadshow Films Pty Ltd and Ors v iiNet Limited – February 23, 2011

On Thursday, 24 February 2011, justices Emmett, Jagot and Nicholas will handed down the decision of the Full Federal Court of Australia in the appeal of Roadshow Films Pty Ltd v iiNet Limited (No. 3) [2010] FCA 24 (aka AFACT v iiNet).

In general terms, this matter is about whether iiNet (an Internet service provider):

  • authorized acts of copyright infringement by its customers who used file sharing networks,
  • was liable for the actions of its customers, and
  • the safe harbor provisions of the Copyright Act 1968 (Cth) protected iiNet.

At trial in late 2009, Cowdroy J found in favour of iiNet and dismissed the applicants’ claims with costs. In February 2010, the applicants appealed the trial decision to the Full Federal Court.