NOTICE OF FILING AND HEARING This document was lodged electronically in the FEDERAL COURT OF AUSTRALIA (FCA) on 18/02/2016 4:21:06 PM AEDT and has been accepted for filing under the Court’s Rules. Filing and hearing details follow and important additional information about these are set out below. Filing and Hearing Details Document Lodged: Originating Application - Form 15 - Rule 8.01(1) File Number: NSD241/2016 File Title: Foxtel Management Pty Ltd v TPG Internet Pty Ltd & Ors Registry: Reason for Listing: NEW SOUTH WALES REGISTRY - FEDERAL COURT OF AUSTRALIA Case Management Hearing Time and date for hearing: 09/03/2016, 9:30 AM Place: Court Room Not Assigned, Level 17 Law Courts Building Queen's Square, Sydney Dated: 19/02/2016 9:12:19 AM AEDT Registrar Important Information As required by the Court’s Rules, this Notice has been inserted as the first page of the document which has been accepted for electronic filing. It is now taken to be part of that document for the purposes of the proceeding in the Court and contains important information for all parties to that proceeding. It must be included in the document served on each of those parties. The Reason for Listing shown above is descriptive and does not limit the issues that might be dealt with, or the orders that might be made, at the hearing. The date and time of lodgment also shown above are the date and time that the document was received by the Court. Under the Court’s Rules the date of filing of the document is the day it was lodged (if that is a business day for the Registry which accepts it and the document was received by 4.30 pm local time at that Registry) or otherwise the next working day for that Registry. Originating application No. NSD of 2016 Federal Court of AustralIa DIslrIct RegIstry: NSW DIvIsIon: General Foxtel Management Pty Limited (ACN 068 671 938) ApplIcanl TPG Internet Pty (ACN 068 383 737) and others named In schedule 1 Respondents To the Respondents The ApplIcant applIes lor the relIel set out In thIs applIcatIon, The Cour'l will hear thIs applIoalIon, or make orders for the conduct 0' the proceedlng, at the tIme and place stated below. If you or your lawyer do not attend, then the Com may make orders In your absence, You must file a notIoe of address for servIce (Form 10) In the RegIslry before attendIng Cour'l or takIng any other steps In the proceedIng. Time and date for hearing: Place: Federal Court 01 AustralIa Law Courts BuIldIng Queens Square SYDNEY NSW 2000 Filed on behall ol Foxtel Management Pty LImIted, ApplIcant Prepared by John Ian FaIrbaIm Law firm MInterEllIson MLIZEHEESHBJ Iwzuun 2 Date: Signed by an officer acting with the authority of the District Registrar Details of claim In this Application: (a) Domain Name means a name formed by the rules and procedures of the Domain Name System (DNS) and includes subdomains; (b) IP Address means an Internet Protocol address; (c) Online Locations means each and all of the websites accessible by users of the internet by a Domain Name or IP Address listed in Schedule 2 to this Order. On the grounds stated in the statement of claim, the Applicant claims: 1. An order that each Respondent must within 15 working days of this Order take reasonable steps to disable access to the Online Locations. 2. An order that, in the event that any other Domain Name or IP Address is an alternative address of a web page on the internet for one or more of the Online Locations in Schedule 2 and is: (a) notified by the Applicant or its agent to the Respondent; or (b) agreed between the Applicant or its agent and the Respondent, each Respondent must within 15 working days take reasonable steps to disable access to that Domain Name or IP Address. 3. An order that, without limiting the technical means which a Respondent may implement to comply with Orders 1 and 2, such Orders are taken to have been complied with by a Respondent if that Respondent implements at its discretion any one or more of the following measures: (a) IP Address blocking in respect of each and every IP Address listed in Schedule 2 and notified or agreed in accordance with Order 2, in respect of which the ME_128085908_1 (W2007) 3 Applicant or its agent notifies the Respondent that the server with the notified IP Address does not also host a site that is not an or part of an Online Location; (b) DNS blocking in respect of each and every Domain Name listed in Schedule 2 and notified or agreed in accordance with Order 2; (c) any alternative technical means for disabling access to the Online Locations as agreed in writing between the Applicant and the Respondent. 4. An order that each Respondent must redirect any communication by a user of its service seeking access to any of the Online Locations that have been disabled pursuant to Orders 1 and 2 to a webpage which states the following or words to the effect of: "access to this website has been disabled by order of the Federal Court of Australia because it infringes or facilitates the infringement of copyright". At each Respondent's election, the webpage may be: (a) established, maintained and hosted by or on behalf of that Respondent; or (b) established, maintained and hosted by or on behalf of the Applicant or an organisation that represents it, in which case the Applicant will, or will procure the organisation that represents it to, establish, maintain and host the webpage as soon as reasonably practicable. 5. An order that a Respondent will not be in breach of Orders 1 and 2 if it temporarily ceases to take the steps ordered in Orders 1 and 2 (either in whole or in part) upon forming the view, on reasonable grounds, that suspension is necessary to: (a) correct or investigate blocking of access to a Domain Name or material that is not an Online Location or part of an Online Location and which is, or is reasonably suspected to be, caused by the steps taken pursuant to Orders 1 or 2; (b) ensure the reliable operation of its blocking system used to block access to online locations associated with criminal content, if it reasonably considers that such operation is otherwise likely to be impaired; (c) maintain the integrity of its internet service or the functioning of its blocking system; (d) upgrade, troubleshoot or maintain its blocking system; or ME_128085908_1 (W2007) 9. 4 avert or respond to an imminent security threat to its networks or syste and provided that: (I) it notifies the Applicant or its agent of such suspension and the reasons for the same as soon as reasonably practicable: and (ii) such suspension lasts no longer than is reasonably necessary, An order that, subject to further order. orders 1 and 2 are to operate tor a period 0136 months from the date at these Orders. An order that each Respondent Will procure compliance With these Orders by any of its subsidiaries, or other related bodies corporate (as defined in the Curpomtions Act 2001 (Cth)) that it controls, that are carriage service providers in Australia, An order that the parties have liberty to apply on 3 days' written notice, including. Without limitation. for the purpose at any application: for an order in this proceedings extending the period at operation at Orders 1 and 2? for lurther orders to give eflect to the terms at these Orders; for lurther orders in the event at any material change of circumstances including, Without limitation. in respect ol the costs. consequences for the parties and effectiveness of the technical methods under Order 3: and/or for orders relating to other means at accessing the Online Locations not already covered by these Orders. Such further or other orders or reliel as the Court thinks lit, Applicant's address The Applicant's address for service is: MEJZEDEESDBJ (wzamt Service on the Respondents It is intended to serve this application on all Respondents. Date: 18 February 2016 I by John Ian Faiipairn nlerEllison Lawyer for the Applicant MEJZEDEESDBJ (wzaml 6 Schedule 1 No. NSD of 2016 Federal Court of Australia District Registry: Sydney Division: General Respondents Second Respondent: iiNet Limited (ACN 068 628 937) Third Respondent: Optus Networks Pty Limited (ACN 008 570 330) Fourth Respondent: Optus Mobile Pty Limited (ACN 054 365 696) Fifth Respondent: Uecomm Pty Limited (ACN 079 083 195) Sixth Respondent: Optus Fixed Infrastructure Pty Limited (ACN 092 450 783) Seventh Respondent: Uecomm Operations Pty Limited (ACN 093 504 100) Eighth Respondent: Vividwireless Pty Ltd (ACN 137 696 461) Ninth Respondent: Vividwireless Group Ltd (ACN 008 082 737) Tenth Respondent: Virgin Mobile (Australia) Pty Limited (ACN 092 726 442) Eleventh Respondent: Alphawest Pty Limited (ACN 009 222 931) Twelfth Respondent: Optus Wholesale Pty Limited (ACN 092 227 551) Thirteenth Respondent: Optus Internet Pty Limited (ACN 083 164 532) Fourteenth Respondent: Optus Backbone Investments Pty Limited (ACN 138 676 356) Fifteenth Respondent: Telstra Corporation Limited (ACN 051 775 556) Sixteenth Respondent: Pacnet Services (A) Pty. Ltd. (ACN 056 783 852) Seventeenth Respondent: Pacnet Internet (A) Pty Ltd (ACN 085 213 690) Date: 18 February 2016 ME_128085908_1 (W2007) 7 Schedule 2 A. The Pirate Bay Domain name IP address 1. thepiratebay.se 141.101.118.194,141.101.118.195 2. bayproxy.pw 104.27.167.96,104.27.166.96 3. downloadbay.eu 104.28.1.53,104.28.0.53 4. fastpiratebay.co.uk 104.27.174.252,104.27.175.252 5. fastpiratebay.eu 104.28.26.119,104.28.27.119 6. magnetsearch.org 104.24.122.173,104.24.123.173 7. mypirateproxy.com 104.28.20.2,104.28.21.2 8. pirate.guru 104.28.17.148,104.28.16.148 9. pirateahoy.eu 104.28.30.50,104.28.31.50 10. piratebay.host 198.41.249.68,162.159.240.69 11. piratebaymirror.eu 104.28.2.19,104.28.3.19 12. piratebayproxy.be 104.24.118.137,104.24.119.137 13. piratebays.co 104.27.168.249,104.27.169.249 14. piratebays.co.uk 104.31.76.114,104.31.77.114 15. pirateproxy.ca 104.28.2.122,104.28.3.122 16. pirateproxy.tf 104.25.209.20,104.25.208.20 17. pirateproxy.wf 104.28.4.182,104.28.5.182 18. pirateproxy.yt 104.27.138.238,104.27.139.238 19. thebay.tv 104.28.6.185,104.28.7.185 20. thepiratebay.am 198.105.254.11 21. thepiratebay.casa 104.27.154.76,104.27.155.76 22. thepiratebay.cd 104.31.76.84,104.31.77.84 23. thepiratebay.cr 104.28.4.236,104.28.5.236 24. thepiratebay.expert 104.18.32.141,104.18.33.141 25. thepiratebay.gd 104.24.100.99 26. thepiratebay.gs 104.24.99.150 27. thepiratebay.la 104.28.2.115 ME_128085908_1 (W2007) 8 Domain name IP address 28. thepiratebay.mn 104.27.156.189 29. thepiratebay.org 104.18.40.167,104.18.41.167 30. thepiratebay.uk.net 104.18.58.238,104.18.59.238 31. thepiratebay.vg 104.28.4.121 32. thepiratebay.xn--fiqs8s 104.28.2.96,104.28.3.96 33. thepiratebay.xn--q9jyb4c 104.27.144.26,104.27.145.26 34. thepiratebay-proxy.com 104.28.10.55,104.28.11.55 35. thepirateboat.eu 104.28.6.62,104.28.7.62 36. tpbmirror.us 104.28.7.41,104.28.6.41 37. urbanproxy.eu 104.28.13.69,104.28.12.69 B. Torrentz Domain name IP address 1. torrentz.eu 185.87.144.3,185.87.144.4,185.87.147.3,185.87.147.4 2. torrentsmirror.com 104.28.29.56,104.28.28.56 3. torrentz.ch 185.87.144.3,185.87.144.4,185.87.147.3,185.87.147.4 4. torrentz.com 72.52.4.119 5. torrentz.hk 185.87.147.4,185.87.144.3,185.87.144.4,185.87.147.3 6. torrentz.in 185.87.147.3,185.87.147.4,185.87.144.3,185.87.144.4 7. torrentz.li 185.87.147.4,185.87.144.3,185.87.144.4,185.87.147.3 8. torrentz.me 185.87.144.3,185.87.144.4,185.87.147.3,185.87.147.4 9. torrentz.ph 185.87.147.4,185.87.144.3,185.87.144.4,185.87.147.3 10. torrentz-proxy.com 185.87.144.3,185.87.144.4,185.87.147.3,185.87.147.4 11. tz.ai 185.87.144.3,185.87.144.4,185.87.147.3,185.87.147.4 ME_128085908_1 (W2007) 9 C. TorrentHound Domain name IP address 1. torrenthound.com 88.80.6.5 2. torrenthound.at 104.31.88.28,104.31.89.28 3. torrenthound.cm 104.31.80.128,104.31.81.128 4. torrenthound.immunicity.info 104.28.2.124,104.28.3.124 5. torrenthound.ru 104.24.100.232,104.24.101.232 6. torrenthound.to 88.196.31.41 7. torrenthound.unlocktor.eu 5.45.77.184 8. torrenthound-proxy.com 104.18.58.145,104.18.59.145 D. IsoHunt Domain name IP address 1. isohunt.to 198.41.189.233,198.41.190.233 2. isohunt.duhsoft.com 5.45.75.223 3. isohunt.kooaba.net 5.45.64.109 4. isohunt.st 173.236.194.74 5. isohunters.net 78.142.19.12 ME_128085908_1 (W2007)