authorization Archives

iiNet 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.…

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Technological change and copyright

I gave a talk earlier today at Osgoode to the students enrolled in Osgoode’s IP Intensive Program. The topic focused on the impacts of technological change on copyright. My slides are set out below.

Sookman osgoode technology_focus_internet_and_it.ppt

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iiNet court backs reasonableness of graduated response to stop illegal file sharing

Last week the Australian Full Court released its decision in the landmark case Roadshow Films Pty Limited v iiNet Limited, [2011] FCAFC 23. The Australian appeals court by majority dismissed the appeal from the decision of the primary judge who had held that iiNet, an ISP in Australia that had not acted on any information provided to it by copyright owners, was not liable for authorizing the copyright infringement of its subscribers who had used its facilities to engage in unlicensed peer to peer file sharing.…

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Here is a copy of the slides I used today at the Law Society of Upper Canada’s Intellectual Property Year in Review conference. The associated paper prepared in collaboration with Glen Bloom, and with the help of others, is available here.

My slides summarize the following copyright cases from Canada, Australia, UK, Ireland, Singapore, Europe and the USA:

Canada

Bell Canada v SOCAN (Tariff 22) 2010 FCA 220

Canadian Private Copying Collective v.…

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