Tag Archives: Vocus

Pirate IPTV Blocking Case is No Slam Dunk Says Federal Court Judge

Post Syndicated from Andy original https://torrentfreak.com/pirate-iptv-blocking-case-is-no-slam-dunk-says-federal-court-judge-180502/

Last year, Hong Kong-based broadcaster Television Broadcasts Limited (TVB) applied for a blocking injunction against several unauthorized IPTV services.

Under the Copyright Act, the broadcaster asked the Federal Court to order ISPs including Telstra, Optus, Vocus, and TPG plus their subsidiaries to block access to seven Android-based services named as A1, BlueTV, EVPAD, FunTV, MoonBox, Unblock, and hTV5.

Unlike torrent site and streaming portal blocks granted earlier, it soon became clear that this case would present unique difficulties. TVB not only wants Internet locations (URLs, domains, IP addresses) related to the technical operation of the services blocked, but also hosting services akin to Google Play and Apple’s App Store that host the app.

Furthermore, it is far from clear whether China-focused live programming is eligible for copyright protection in Australia. If China had been a party to the 1961 Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, it would receive protection. As it stands, it does not.

That causes complications in respect of Section 115a of the Copyright Act which allows rightsholders to apply for an injunction to have “overseas online locations” blocked if they facilitate access to copyrighted content. Furthermore, the section requires that the “primary purpose” of the location is to infringe copyrights recognized in Australia. If it does not, then there’s no blocking option available.

“If most of what is occurring here is a reproduction of broadcasts that are not protected by copyright, then the primary purpose is not to facilitate copyright infringement,” Justice Nicholas said in April.

This morning TVB returned to Federal Court for a scheduled hearing. The ISPs were a no-show again, leaving the broadcaster’s legal team to battle it out with Justice Nicholas alone. According to details published by ComputerWorld, he isn’t making it easy for the overseas company.

The Judge put it to TVB that “the purpose of this system [the set-top boxes] is to make available a broadcast that’s not copyright protected in this country, in this country,” he said.

“If 10 per cent of the content was infringing content, how could you say the primary purpose is infringing copyright?” the Judge asked.

But despite the Judge’s reservations, TVB believes that the pirate IPTV services clearly infringe its rights, since alongside live programming, the devices also reproduce TVB movies which do receive protection in Australia. However, the company is also getting creative in an effort to sidestep the ‘live TV’ conundrum.

TVB counsel Julian Cooke told the Court that live TVB broadcasts are first reproduced on foreign servers from where they are communicated to set-top devices in Australia with a delay of between one and four minutes. This is a common feature of all pirate IPTV services which potentially calls into question the nature of the ‘live’ broadcasts. The same servers also carry recorded content too, he argued.

“Because the way the system is set up, it compounds itself … in a number of instances, a particular domain name, which we refer to as the portal target domain name, allows a communication path not just to live TV, but it’s also the communication path to other applications such as replay and video on demand,” Cooke said, as quoted by ZDNet.

Cooke told the Court that he wasn’t sure whether the threshold for “primary purpose” was set at 50% of infringing content but noted that the majority of the content available through the boxes is infringing and the nature of the servers is even more pronounced.

“It compounds the submission that the primary purpose of the online location which is the facilitating server is to facilitate the infringement of copyright using that communication path,” he said.

As TF predicted in our earlier coverage, TVB today got creative by highlighting other content that it does receive copyright protection for in Australia. Previously in the UK, the Premier League successfully stated that it owns copyright in the logos presented in a live broadcast.

This morning, Cooke told the court that TVB “literary works” – scripts used on news shows and subtitling services – receive copyright protection in Australia so urged the Court to consider the full package.

“If one had concerns about live TV, one shouldn’t based on the analysis we’ve done … if one adds that live TV infringements together with video on demand together with replay, there could be no doubt that the primary purpose of the online locations is to infringe copyright,” he said.

Due to the apparent complexity of the case, Justice Nicholas reserved his decision, telling TVB that his ruling could take a couple of months after receiving his “close attention.”

Last week, Village Roadshow and several major Hollywood studios won a blocking injunction against a different pirate IPTV service. HD Subs Plus delivers around 600 live premium channels plus hundreds of movies on demand, but the service will now be blocked by ISPs across Australia.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

Aussie Federal Court Orders ISPs to Block Pirate IPTV Service

Post Syndicated from Andy original https://torrentfreak.com/aussie-federal-court-orders-isps-to-block-pirate-iptv-service-180427/

After successful applying for ISP blocks against dozens of traditional torrent and streaming portals, Village Roadshow and a coalition of movie studios switched tack last year.

With the threat of pirate subscription IPTV services looming large, Roadshow, Disney, Universal, Warner Bros, Twentieth Century Fox, and Paramount targeted HDSubs+ (also known as PressPlayPlus), a fairly well-known service that provides hundreds of otherwise premium live channels, movies, and sports for a relatively small monthly fee.

The injunction, which was filed last October, targets Australia’s largest ISPs including Telstra, Optus, TPG, and Vocus, plus subsidiaries.

Unlike blocking injunctions targeting regular sites, the studios sought to have several elements of HD Subs+ infrastructure rendered inaccessible, so that its sales platform, EPG (electronic program guide), software (such as an Android and set-top box app), updates, and sundry other services would fail to operate in Australia.

After a six month wait, the Federal Court granted the application earlier today, compelling Australia’s ISPs to block “16 online locations” associated with the HD Subs+ service, rendering its TV services inaccessible Down Under.

“Each respondent must, within 15 business days of service of these orders, take reasonable steps to disable access to the target online locations,” said Justice Nicholas, as quoted by ZDNet.

A small selection of channels in the HDSubs+ package

The ISPs were given flexibility in how to implement the ban, with the Judge noting that DNS blocking, IP address blocking or rerouting, URL blocking, or “any alternative technical means for disabling access”, would be acceptable.

The rightsholders are required to pay a fee of AU$50 fee for each domain they want to block but Village Roadshow says it doesn’t mind doing so, since blocking is in “public interest”. Continuing a pattern established last year, none of the ISPs showed up to the judgment.

A similar IPTV blocking application was filed by Hong Kong-based broadcaster Television Broadcasts Limited (TVB) last year.

TVB wants ISPs including Telstra, Optus, Vocus, and TPG plus their subsidiaries to block access to seven Android-based services named as A1, BlueTV, EVPAD, FunTV, MoonBox, Unblock, and hTV5.

The application was previously heard alongside the HD Subs+ case but will now be handled separately following complications. In April it was revealed that TVB not only wants to block Internet locations related to the technical operation of the service, but also hosting sites that fulfill a role similar to that of Google Play or Apple’s App Store.

TVB wants to have these app marketplaces blocked by Australian ISPs, which would not only render the illicit apps inaccessible to the public but all of the non-infringing ones too.

Justice Nicholas will now have to decide whether the “primary purpose” of these marketplaces is to infringe or facilitate the infringement of TVB’s copyrights. However, there is also a question of whether China-focused live programming has copyright status in Australia. An additional hearing is scheduled for May 2 for these matters to be addressed.

Also on Friday, Foxtel filed yet another blocking application targeting “15 online locations” involving 27 domain names connected to traditional BitTorrent and streaming services.

According to ComputerWorld the injunction targets the same set of ISPs but this time around, Foxtel is trying to save on costs.

The company doesn’t want to have expert witnesses present in court, doesn’t want to stage live demos of websites, and would like to rely on videos and screenshots instead. Foxtel also says that if the ISPs agree, it won’t serve its evidence on them as it has done previously.

The company asked Justice Nicholas to deal with the injunction application “on paper” but he declined, setting a hearing for June 18 but accepting screenshots and videos as evidence.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.