Roadshow Films Pty Limited v Telstra Corporation Limited

In the case of Roadshow Films Pty Limited v Telstra Corporation Limited, the applicant sought an injunction under section 115A of the Copyright Act 1968 (Cth) against various telecommunications companies, alleging that they facilitated copyright infringement by providing access to websites hosting and distributing infringing content. The primary legal issue before the court was whether the online locations outside Australia were facilitating copyright infringements and if so, whether it was appropriate to grant an injunction against the telecommunications companies to disable access to these websites. The court considered whether the online locations had the primary purpose or effect of facilitating copyright infringement, and if the injunction was a proportionate and public interest response.

The court found that the telecommunications companies were facilitating copyright infringements through the online locations, and that disabling access to these websites was a proportionate and public interest response. The court was satisfied with the volume and flagrancy of the infringements, and considered that the injunction was necessary to protect the copyright holders' rights. The court granted the injunction and outlined specific steps the respondents must take to disable access to the infringing websites, including DNS blocking, IP address blocking, and URL blocking. The court also provided mechanisms for extending the injunction and varying or discharging the orders if circumstances changed. The injunction was set to operate for a period of three years, with provisions for extending the injunction if the copyright holders could demonstrate that the online locations continued to facilitate copyright infringements. The court also considered the costs associated with the injunction and ordered the applicants to pay the compliance costs of the respondents.

This case demonstrates the court's willingness to grant injunctions under section 115A of the Copyright Act to protect copyright holders' rights against the facilitation of copyright infringements by telecommunications companies. The court considered the proportionality and public interest aspects of the injunction and provided mechanisms for extending and varying the orders if circumstances changed.