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Final credits roll in iiNet trilogy

In a landmark ruling on 20 April 2012, the High Court unanimously dismissed an appeal by 34 Australian and United States film and television studios against internet service provider (“ISP”) iiNet. The High Court held that iiNet had not authorised the infringement by its customers of the studios’ copyright in commercially released films and television programs.

The Court observed that iiNet had no direct technical power to prevent its customers from using the BitTorrent system to infringe copyright in the studios’ films. Rather, the extent of iiNet’s power to prevent its customers from infringing the appellants’ copyright was limited to an indirect power to terminate its contractual relationship with its customers...

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