As regular eAlert! readers would know, the legal battle between Roadshow Films and 33 other parties representing major motion picture studios (on the one part) and iiNet (on the other part) has been raging for some time.
The key issue in that battle is whether iiNet should be held liable for "authorising" the copyright infringements perpetrated by users of its service. In the last round, the Full Court of the Federal Court of Australia held that iiNet is not liable. In September this year we will know whether Roadshow and the 33 other parties will be successful in their application for special leave to appeal to the High Court of Australia.
Meanwhile, the High Court of Justice in London yesterday ordered BT, the largest internet service provider in the United Kingdom, to block access by its subscribers to a website designed to facilitate illegal downloads.
The orders were made pursuant to section 97A of the Copyright, Designs and Patents Act 1988 (UK), implemented under Europe's Information Society Directive, which enables a court to grant injunctions against internet service providers (ISPs) in circumstances where the ISP has "actual knowledge" of another person using their service to infringe copyright. Notably, there is no equivalent provision under Australian law.
This decision is important in that it demonstrates an alternative legislative solution to combating online piracy. Could this be the ultimate solution adopted by the Australian Government regardless of the outcome in iiNet?
Watch this space.
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