Roadshow Films Pty Ltd v Telstra Corporation Ltd

Case

[2016] FCA 1503

15 December 2016


Details
AGLC Case Decision Date
Roadshow Films Pty Ltd v Telstra Corporation Ltd [2016] FCA 1503 [2016] FCA 1503 15 December 2016

CaseChat Overview and Summary

In the Federal Court of Australia, Roadshow Films Pty Ltd, along with other copyright owners, filed an application against Telstra Corporation Ltd and other carriage service providers (CSPs) seeking an injunction and ancillary orders under section 115A of the Copyright Act 1968 (Cth) to disable access to websites facilitating the infringement of their copyright in cinematograph films. The court was required to decide on the interpretation of section 115A(1), the appropriate form of injunctions and ancillary orders, and whether the applicants should be required to pay the CSPs' costs of complying with injunctions and the proceedings. The court held that the primary purpose of the SolarMovie website was to infringe or facilitate the infringement of copyright and granted an injunction against the respondents to disable access to the website. The court also made various ancillary orders relating to the implementation of the injunction and the payment of costs. The court held that the injunction should be implemented by DNS blocking, IP address blocking or re-routing, URL blocking, or any alternative technical means agreed in writing between the applicant and the respondent. The court also held that the applicant should pay the respondents' compliance costs, calculated at a rate of $50 per Domain Name subject to DNS blocking, and the costs of the proceedings as agreed or taxed. The court held that the applicant should not be required to pay the respondents' costs of complying with the injunctions or the proceedings.
Details

Areas of Law

  • Intellectual Property Law

  • Technology Law

Legal Concepts

  • Copyright Infringement

  • Injunction

  • DNS Blocking

  • IP Address Blocking

  • URL Blocking

  • Compliance Costs

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Cases Citing This Decision

70