Foxtel Management Pty Limited v TPG Internet Pty Ltd [2019] FCA 1450

Foxtel Management Pty Limited v TPG Internet Pty Ltd [2019] FCA 1450

Each respondent is a carriage service provider providing online access to target online locations situated outside Australia. Each location has the primary purpose or effect of infringing or facilitating infringement of copyright, including in works co-owned by the applicant. The requirements of s 115A have been met and site blocking orders should be made.

Jurisdiction
Australia
Judgment Date
27 August 2019
Procedural Posture
Originating Application for Site Blocking Orders / Judgment and Final Orders
Outcome
Application granted. Site blocking orders made against the respondents.
Legal Topics
['copyright' 'site Blocking Orders' 'section 115 a Copyright Act']
['intellectual Property'] ['copyright' 'site Blocking Orders' 'section 115 a Copyright Act']

Case Brief

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Procedural Posture

Originating Application for Site Blocking Orders / Judgment and Final Orders

Legal Issues

  1. 1 ['Whether the requirements of s 115A of the Copyright Act 1968 (Cth) are satisfied to make site blocking orders against carriage service providers in respect of specified online locations']

Ratio Decidendi

Each respondent is a carriage service provider providing online access to target online locations situated outside Australia. Each location has the primary purpose or effect of infringing or facilitating infringement of copyright, including in works co-owned by the applicant. The requirements of s 115A have been met and site blocking orders should be made.

Court Disposition

Application granted. Site blocking orders made against the respondents.

Orders

  • ['The Applicant dispensed from notice to operators of online locations where not already given.' 'Respondents to disable access to Target Online Locations within 15 business days.' 'Compliance may be via DNS, IP, URL blocking, or alternative agreed methods.' 'Respondents to redirect user communications to a...