High Court Grants Leave to Appeal in iiNet Case
On 12 August the High Court granted special leave to appeal in the iiNet case. Unsurprisingly I predicted that it would go to the High Court when the case first came to trial. The case is about whether an ISP who is told about infringements occurring through its infrastructure is under a positive obligation to take steps to stop that infringement. In the case in point the infringement in question was “communicating to the public”. Which, as the Copyright Act has its own peculiarities, doesn’t actually mean communicating. It means making available online. So the infringements that iiNet are supposedly authorising occur when a person puts a file into the sharing folder of their p2p application (or, a person’s act of turning on their computer if the file is already in the folder!)
The parties will be filing their submissions at the moment, with a hearing to be held sometime later.