Nicholas J has granted further injunctions under s 115A against the telcos / ISPs to block access to websites related to HD Subs+.
The interesting point about these injunctions is that the blocked websites provide software to be downloaded for X–96 Smart TV Boxes, set-top boxes which provide a subscription service to access pirated streams of films and television programs.
Once the user had downloaded the software and activated a subscription, the software would connect to “facilitating servers” which authenticated the user, provided electronic programming information, software updates and content management information – allowing retrieval of the IP addresses of the “content servers” that hosted the movie or TV program to be streamed.
Thus, the primary purpose of the HD Subs service was to “facilitate” copyright infringement. At , Nicholas J explained:
The target online locations contribute functionality to a subscription based online service (“the HD Subs service”) that facilitates the electronic transmission of films and television broadcasts in which copyright subsists, without the licence of the copyright owners. The target online locations facilitate such infringements by providing updates, authenticating users or providing EPG information for the HD Subs service. This appears to be their sole function. In the case of the HD Subs website, it provides the HD Subs+ Apps, processes payments, and provides activation codes that enable a user to access the HD Subs service. Again, this would appear to be its sole function.
The terms of the injunctions correspond with the decisions already handed down – so much so that the ISPs didn’t turn up.
Roadshow Films Pty Limited v Telstra Corporation Limited  FCA 582
- The HD Subs+ App, the upgraded HD Subs+ App and the Press Play Extra App. ?