ISP liability for end-user copyright infringements: the High Court decision in Roadshow Films v iiNet

Abstract

In Roadshow Films v iiNet, the High Court unanimously held that iiNet was not liable for copyright infringements committed by its subscribers by means of the BitTorrent peer-to-peer file-sharing system. While the two judgments delivered by the High Court have clarified the extent to which ISPs may be liable for end-user infringements, they have created considerable legal uncertainty about authorisation liability, which is the main Australian doctrine under which a person may be found liable for the infringing conduct of another person. This article explains and analyses the two judgments delivered by the High Court in iiNet, focussing on the implications of the decision for ISPs, and for authorisation liability more generally.