- viii - Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

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Television Broadcasts Ltd. v. Telstra Corp.

Case Law

Country

Country Location

Latitude: -24.13114257073859

Longitude: 135.63642619925068

Case Outcome (Procedural)

Case Outcome (Disposition)

Keywords

Case Summary: The Australian Federal Court ruled in favor of a Hong Kong based broadcaster, ordering ISPs to block access to online sites facilitating copyright infringement though streaming on set-top boxes and virtual stores such as Google Play and Apple's App Store, among others. The case was brought by Television Broadcasts Limited (TVB) which provides a pay-tv service in Australia allowing subscribers to access TVB's copyrighted television broadcasts via the internet. The Court applied a three pronged test, established in the Copyright Act, to determine whether a blocking injunction should be granted. The court found that the ISPs 1) facilitate access to the offending sites; 2) that the offending sites infringe TVB's copyrights; and 3) that the primary purpose of the offending sites was to facilitate copyright infringement by making material available online in Australia without the consent of copyright owners. In light of this, the Court granted TVB an injunction and ordered each of the ISPs to disable access to the target online locations within 15 days.

Case Significance: The decision establishes a binding or persuasive precedent within its jurisdiction.

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