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Australia authorisationisp liability

Roadshow Films Pty Ltd v iiNet Ltd

(2012) 248 CLR 42
JurisdictionAustralia
CourtHigh Court of Australia
Year2012
StatusBinding authority

Key Principle

An internet service provider does not 'authorise' its subscribers' copyright infringements under the Copyright Act 1968 (Cth) merely by providing internet access and failing to act on infringement notices, where it has no direct power to prevent the primary infringements and its only relevant power is the indirect one of terminating customer accounts.

Area of Law

ip

Related Cases

Cantarella Bros Pty Ltd v Modena Trading Pty Ltd (2014) 254 CLR 337
Phonographic Performance Company of Australia Ltd v Commonwealth (2012) 246 CLR 561
IceTV Pty Ltd v Nine Network Australia Pty Ltd (2009) 239 CLR 458

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