But in the summary of his judgement in Roadshow Films Pty Ltd v iiNet Limited (No. 3)  FCA 24, Justice Dennis Cowdroy found "a scheme for notification, suspension and termination of customer accounts is not, in this instance, a relevant power to prevent copyright infringement pursuant to s 101(1A)(a) of the Copyright Act, nor in the circumstances of this case is it a reasonable step pursuant to s 101(1A)(c) of the Copyright Act."
Among other points, the judge noted in his full judgement that even if provision of Internet access was held to be the means of copyright infringement (which it wasn't), there was no significant evidence that a significant portion of the use of an account was associated with infringement.
Judicial consideration of the extent of infringing use of a particular account would be necessary before suspension or termination could be reasonable.
Furthermore, terminating or suspending an account would not only affect the infringing party - everyone that uses the same account (eg, to make VoIP calls) would also be affected.
What else did Cowdroy J say? Please read on.
That suggests we may see copyright holders change their existing strategy of not seeking legal redress against individuals making infringing copies via the Internet.
Furthermore, the judge rejected iiNet's defence that the Telco Act prevented it from complying with requests from AFACT that would identify allegedly infringing users.
So if you're cheering the outcome of Roadshow v iiNet because you think it will make it easier to continue to make infringing copies, think again.