Roadshow Films Pty Limited v Telstra Corporation Limited [2018] FCA 582

FEDERAL COURT OF AUSTRALIA

Roadshow Films Pty Limited v Telstra Corporation Limited [2018] FCA 582 File number: NSD 1925 of 2017

Judge: NICHOLAS J

Date of judgment: 27 April 2018

Catchwords: Copyright – application for "site blocking" orders under s 115A of the Copyright Act 1968 (Cth) – online locations from which files used to facilitate operation of online streaming service may be downloaded – whether requirements of s 115A satisfied – whether orders should be made

Legislation: Copyright Act 1968 (Cth) s 115A

Cases cited: Roadshow Films Pty Ltd v Telstra Corporation Ltd (2016) 248 FCR 178

Date of hearing: 13 April 2018

Registry: New South Wales

Division: General Division

National Practice Area: Intellectual Property

Sub-area: Copyright and Industrial Designs

Category: Catchwords

Number of paragraphs: 27

Counsel for the Applicants: Mr J Cooke

Solicitor for the Applicants: Baker & McKenzie

Counsel for the Respondents: The Respondents filed submitting appearances

ORDERS NSD 1925 of 2017

BETWEEN: ROADSHOW FILMS PTY LIMITED (ACN 100 746 870) First Applicant

(and others named in the Schedule) AND: TELSTRA CORPORATION LIMITED (ACN 051 775 556) First Respondent

(and others named in the Schedule)

JUDGE: NICHOLAS J DATE OF ORDER: 27 April 2018

In these orders, the following terms have the following meanings:

(a) Domain Name means a name formed by the rules and procedures of the Domain Name System (DNS) and includes subdomains. (b) DNS Blocking means a system by which any user of a Respondent's service who attempts to use a DNS resolver that is operated by or on behalf of that Respondent to access a Target Online Location is prevented from receiving a DNS response other than a redirection as referred to in Order 5. (c) IP Address means an Internet Protocol Address. (d) Optus means the fourth to thirteenth respondents. (e) Target Online Locations means the online locations as referred to in Schedule 2 and that are or were accessible: (i) at the URLs listed in Schedule 2 to this Order (together, the Target URLs); (ii) at the IP Addresses listed in Schedule 2 to this Order (together, the Target IP Addresses); and (iii) at the Domain Names listed in Schedule 2 to this Order (together, the Target Domain Names). (f) Telstra means the first to third respondents. (g) TPG means the thirty-second to the forty-ninth respondents. (h) URL means a Uniform Resource Locator. (i) Vocus means the fourteenth to thirty-first respondents.