An 8 August hearing has been scheduled for the latest application for a website-blocking injunction made under Australian anti-piracy laws.
Pay TV provider Foxtel is seeking Federal Court orders that would see Australia’s biggest Internet service providers block 17 sites: YesMovies, Vumoo, LosMovies, CartoonHD, Putlocker, Watch Series 1, Watch Series 2, Project Free TV 1, Project Free TV 2, Watch Episodes, Watch Episode Series, Watch TV Series, The Dare Telly, Putlocker9.is, Putlocker9.to, Torlock and 1337x.
In total, the company wants 127 key URLs blocked by ISPs Optus, Telstra, TPG and Vocus. The ISPs’ subsidiaries (such as iiNet and Internode) would also be compelled to block the sites.
Foxtel in May filed its application for a site-blocking injunction. A case management hearing for the application was held today in Sydney.
As with Village Roadshow’s most recent application, Foxtel has modelled the orders it is seeking on those granted in response to earlier applications — and as expected, ISPs did not appear in court today.
The company will pay affected ISPs $50 per domain blocked and if it wishes to alter the blocklist to capture a new mirror or proxy site, it will have to lodge an affidavit with the court. Foxtel said today it "might refine the form of the orders" before the August hearing.
Although the ISPs are not objecting to Foxtel’s site-blocking application, the pay TV company is still required to clear a number of hurdles – for example proving to the court that it is the copyright owner of exclusive licensee of materials that form the basis of its application and that the sites it is targeting have the primary purpose of copyright infringement or the facilitation of copyright infringement.
The August hearing, expected to take half a day, will include evidence that Foxtel says shows the sites it is seeking to have blocked meet the threshold requirements for blocking under the Copyright Act.
Foxtel and Roadshow were the first companies to take advantage of the government’s anti-piracy web-blocking laws
Foxtel’s first foray into site-blocking targeted TPG, Telstra and Optus. The site-blocking injunction, granted in December, listed The Pirate Bay, Torrentz, TorrentHound and IsoHunt. Roadshow was successful in its application to have ISPs block Solar Movie.
Earlier this year, the Federal Court imposed a separate injunction sought by a group representing music labels. That application, which affected TPG, Telstra, Optus and the broadband arm of Foxtel, blocked Kickass Torrents.
Currently awaiting judgement is the largest site-blocking injunction sought so far: The second application by Roadshow, which targets 41 websites.