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Roadshow Films Pty Ltd v iiNet Limited (No. 3)

5 February, 2010

In Roadshow Films Pty Ltd v iiNet Limited (No. 3), Justice Cowdroy has found that iiNet did not authorise copyright infringement:

[20] The law recognises no positive obligation on any person to protect the copyright of another. The law only recognises a prohibition on the doing of copyright acts without the licence of the copyright owner or exclusive licensee, or the authorisation of those acts. In the circumstances outlined above and discussed in greater detail in my judgment, it is impossible to conclude that iiNet has authorised copyright infringement.

[21] In summary, in this proceeding, the key question is: Did iiNet authorise copyright infringement? The Court answers such question in the negative for three reasons: first because the copyright infringements occurred directly as a result of the use of the BitTorrent system, not the use of the internet, and the respondent did not create and does not control the BitTorrent system; second because the respondent did not have a relevant power to prevent those infringements occurring; and third because the respondent did not sanction, approve or countenance copyright infringement.

Read the full judgment, including summary, from the link above and analysis from Nic Suzor.

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