The Federal Court of Australia today dismissed an appeal in Roadshow Films Pty Limited v iiNet Limited [2011] FCAFC 23, so finding the ISP iiNet not liable for authorizing the copyright infringements of its customers.The judgment says that iiNet ‘demonstrated a dismissive and, indeed, contumelious, attitude to the complaints of infringement’, but held that an ISP that doesn’t suspend an infringer’s account is not liable for future infringements unless right owners have first (a) provided a verifiable level of evidence for infringements in their notices, (b) undertaken to reimburse the ISP for its costs in investigating infringements and (c) undertaken to indemnify the ISP if customers’ services are suspended in error.
The claimants may appeal to the High Court.
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