Roadshow Films Pty Ltd v iiNet Ltd

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HAYNE, CRENNAN AND KIEFEL JJROADSHOW FILMS PTY LTD & ORS  APPELLANTSANDIINET LIMITED  RESPONDENTRoadshow Films Pty Ltd v iiNet Limited [2012] HCA 1620 April 2012S288/2011ORDERAppeal dismissed with costs.On appeal from the Federal Court of AustraliaRepresentationA J L Bannon SC with J M Hennessy SC and C Dimitriadis for the appellants (instructed by Gilbert + Tobin Lawyers)R Cobden SC with R P L Lancaster SC and C J Burgess for the respondent (instructed by Herbert Geer Lawyers)M J Leeming SC appearing as amicus curiae on behalf of the Australasian Performing Right Association Limited (instructed by Banki Haddock Fiora)P W Flynn appearing as amicus curiae on behalf of the Communications Alliance Limited (instructed by Carwardine Legal Solicitors)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSRoadshow Films Pty Ltd v iiNet LimitedIntellectual property – Copyright – Infringement – Authorisation – Appellants owners and exclusive licensees of copyright in commercially released films and television programs ("appellants' films") – Respondent internet service provider supplied internet services under agreement requiring that services not be used to infringe others' rights or for illegal purposes – Users of respondent's internet services infringed copyright in appellants' films by making appellants' films available online using BitTorrent peer-to-peer file sharing system – Notices served on respondent alleging copyright infringement by users of respondent's internet services – Respondent took no action in response to notices – Whether respondent authorised infringement of copyright in appellants' films...