Tag: graguated response

iiNet not responsible for customers’ infringing acts says Australia High CourtiiNet not responsible for customers’ infringing acts says Australia High Court



The High Court of Australia released its decision in the Roadshow Films Pty Ltd v iiNet Ltd [2012] HCA 16 (20 April 2012) case earlier today. The panel of five judges, in two sets of reasons, dismissed the appeal from the Full Court. That court held that, on the facts of the case, iiNet, an Australian ISP, was not liable for authorising the infringing acts of its customers.

The key question in the appeal, was whether iiNet authorised its customers’ infringing acts.

How can copyright reform best balance the rights of creators, intermediaries and users?How can copyright reform best balance the rights of creators, intermediaries and users?



Here is a digital version of the article published in the Februaryissueof the CBA National magazine. The following question was posed to  Prof. Geist and myself. My answer is set out below.

With a view to positioning Canada as a leader in the global digital economy, how can copyright reform best balance the rights of creators, intermediaries and users?

Copyright has become an emotional topic in Canada in which everyone has a stake. Authors’ livelihoods depend on it. Rights holders need clear, predictable, and fair rules that support creativity and innovation.