Australia
A secondary liability case in Australia, under Australian law, was Universal Music Australia Pty Ltd v Sharman License Holdings Ltd FCA 1242 (5 September 2005). In that case, the Court determined that the Kazaa file sharing system had "authorised" copyright infringement. The claim for damages was subsequently settled out of court.
In the case of AFACT v iiNet which was fought out in the Federal Court, an internet service provider was found not to be liable for the copyright infringement of its users. The case did not, however, create a clear precedent that Australian ISPs could never be held liable for the copyright infringement of their users by virtue of providing an internet connection. AFACT and other major Australian copyright holders have stated their intention to appeal the case, or pursue the matter by lobbying the government to change the Australian law.
Read more about this topic: Legal Aspects Of File Sharing, Statute and Case Law By Jurisdiction
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