Full Court Minute Books

Case S288/2011

Roadshow Films Pty Ltd and Ors v. iiNet Limited

Case No.


Case Information

Lower Court Judgment

24/02/2011 Federal Court of Australia (Emmett, Jagot and Nicholas JJ)
[2011] FCAFC 23


Intellectual property — Copyright — Infringement — Authorisation — Applicants owners and exclusive licensees of copyright in commercially-released motion pictures — Respondent an internet service provider whose agreements with customers contained terms requiring customers to comply with all laws and reasonable directions by respondent as well as obligation not to use service to infringe copyright — Respondent availed of legal and technical capacity to issue warnings to customers whose services being used to infringe copyright — Australian Federation Against Copyright Theft, on behalf of applicants, served copyright infringement notices on respondent, alleging users of respondent's network infringing copyright in cinematographic films by making them available online — Respondent took no action in response to notices — Whether respondent authorised infringements of applicants' copyright by users of respondent's internet services — Whether proper account taken of matters listed in s 101(1A) of Copyright Act 1968 (Cth) — Whether respondent had sufficient knowledge of infringing acts to support finding of authorisation — Whether applicants required to present respondent with "unequivocal and cogent evidence" of infringing acts and undertaking to reimburse and indemnify respondent — Application of principles in University of New South Wales v Moorhouse (1975) 133 CLR 1 — Whether respondent's conduct constituted "countenancing" of infringing acts.

Words and phrases — "authorise", "copyright", "countenance", "infringe", "unequivocal and cogent evidence".

Short Particulars


12/08/2011 Hearing (SLA, Sydney)

26/08/2011 Notice of appeal

09/09/2011 Written submissions (Appellants)

09/09/2011 Chronology (Appellants)

16/09/2011 Written submissions (APRA seeking leave to intervene)

16/09/2011 Written submissions (ARIA seeking leave to intervene)

16/09/2011 Written submissions (MEAA & SAG seeking leave to intervene)

05/10/2011 Written submissions (Respondent)

07/10/2011 Written submissions (APF seeking leave to intervene)

10/10/2011 Amended written submissions (Respondent)

12/10/2011 Written submissions (ADA seeking leave to intervene)

12/10/2011 Written submissions (CA seeking leave to intervene)

21/10/2011 Reply and response to Notice of Contention (Appellant)

04/11/2011 Reply on Notice of Contention (Respondent)

30/11/2011 Hearing (Full Court, Canberra)

30/11/2011 Judgment (Leave to intervene)

01/12/2011 Hearing (Full Court, Canberra)

02/12/2011 Hearing (Full Court, Canberra)

20/04/2012 Judgment  (Judgment summary)