The High Court ruled that the conduct of iiNet did not constitute authorisation of online copyright infringements undertaken by internet users.

Communications Alliance was granted leave by the High Court to be heard as amicus curiae (“friend of the Court”) in support of iiNet’s position and made written and oral submissions to the Court at the hearing in December 2011.

Communications Alliance chief executive John Stanton says the judgement provided welcome clarity for all Australian ISPs on the legal situation where copyright infringement by their customers is alleged to have occurred.

“The Court’s unanimous finding that the conduct of iiNet did not constitute authorisation of infringing activity is a particularly welcome piece of guidance for all players in the industry,” John says.

John says Communications Alliance and Australia’s major ISPs were ready to continue discussions already underway with Rights Holders and the Australian Government to see whether a cooperative industry-led scheme could be implemented to address online copyright issues.

“We hope that the High Court judgment will help us accelerate the process of agreeing with rights holders the basis for an industry-led scheme that will discourage copyright infringement, appropriately protect customers’ rights and benefit the industry as a whole.”

Communications Alliance has been in discussion throughout 2011 with a range of rights holders from industries including film, music, publishing, software and gaming. More recently these discussions have also involved the Federal Attorney-General’s Department.

Communications Alliance produced an ISP-supported proposal for an industry-led scheme in late 2011 and has maintained efforts since then to reach agreement on a trial scheme to establish a workable methodology and funding arrangements to effectively combat online copyright infringement.