Simpsons Solicitors

High Court likely to consider iiNet application in August

August 4th 2011

A coalition of film and television studios may be back in court on 12 August this year to seek special leave to appeal the recent Federal Court decision in the Roadshow Films Pty Limited v iiNet case.

The High Court has informed the parties that 12 August, and failing this, 2 September 2011, are the potential dates to hear the film and television studios’ arguments for special leave. The key issue in this case is whether an internet service provider (ISP), by not taking steps to stop the infringing conduct of its users, thereby authorises the copyright infringements.

The first instance decision in favour of iiNet was handed down in February 2010, and the case was subsequently appealed. In a 2-1 judgment handed down on 24th February this year, Justice Emmett and Justice Nicholas found in favor of dismissing the appeal.

The coalition of film and television studios, assisted by the Australian Federation Against Copyright Theft (AFACT), is hoping to be given the opportunity to appeal the Full Federal Court decision in the High Court.

To read more about this story go to: http://www.copyright.org.au/news-and-policy/details/id/1965/

For inquiries relating to publishing and copyright law please contact Adam Simpson.