International Wushu Federation v Google LLC [2021] FCA 904

International Wushu Federation v Google LLC [2021] FCA 904

The Court granted preliminary discovery because IWUF established that it may have non-speculative rights to relief against the operator of the Wushuleaks Channel for copyright infringement and defamation, that the Federal Court was likely to have jurisdiction over those prospective claims, that IWUF could not ascertain the operator's description despite reasonable inquiries, and that Google, as owner and operator of YouTube, was likely to have control of subscriber registration and IP login documents that would assist in identifying the operator.

Jurisdiction
Australia
Judgment Date
04 August 2021
Procedural Posture
Application for Preliminary Discovery Pursuant to R 7.22 of the Federal Court Rules 2011 (cth) / Originating Motion; Application Granted
Outcome
Application granted; preliminary discovery ordered; no order as to costs.
Legal Topics
['preliminary Discovery to Ascertain Prospective Respondent' 'alleged Copyright Infringement on You Tube' 'allegedly Defamatory Online Publications' 'jurisdiction for Online Defamation' 'identification of Anonymous Online Publisher']
['practice and Procedure' 'intellectual Property' 'copyright' 'defamation'] ['preliminary Discovery to Ascertain Prospective Respondent' 'alleged Copyright Infringement on You Tube' 'allegedly Defamatory Online Publications' 'jurisdiction for Online Defamation' 'identification of Anonymous Online Publisher']

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Procedural Posture

Application for Preliminary Discovery Pursuant to R 7.22 of the Federal Court Rules 2011 (cth) / Originating Motion; Application Granted

Legal Issues

  1. 1 ['Whether IWUF may have a right to obtain relief against the operator of the Wushuleaks Channel for copyright infringement and defamation.' 'Whether IWUF was unable to ascertain the description of the operator of the Wushuleaks Channel despite reasonable inquiries.' "Whether Google knows or is likely to know the prospective respondent's description, or has or is likely to have control of documents that would help ascertain it." 'Whether the Federal Court is likely to have jurisdiction over the prospective copyright and defamation claims.']

Ratio Decidendi

The Court granted preliminary discovery because IWUF established that it may have non-speculative rights to relief against the operator of the Wushuleaks Channel for copyright infringement and defamation, that the Federal Court was likely to have jurisdiction over those prospective claims, that IWUF could not ascertain the operator's description despite reasonable inquiries, and that Google, as owner and operator of YouTube, was likely to have control of subscriber registration and IP login documents that would assist in identifying the operator.

Court Disposition

Application granted; preliminary discovery ordered; no order as to costs.

Orders

  • ["Google shall provide to the applicant's solicitors by email at paul@phsolicitor.com.au as soon as is reasonably practicable and in any event within 21 days of having received via certified mail the Order, the YouTube subscriber registration information of the Google account holder who uploaded the Wushuleaks...