NOTICE OF FILING This document was lodged electronically in the FEDERAL COURT OF AUSTRALIA (FCA) on 18/02/2016 12:11:00 PM AEDT and has been accepted for filing under the Court’s Rules. Details of filing follow and important additional information about these are set out below. Details of Filing Document Lodged: Statement of Claim - Form 17 - Rule 8.06(1)(a) File Number: NSD239/2016 File Title: Roadshow Films Pty Ltd ACN 100 746 870 & Ors v Telstra Corporation Ltd ACN 051 775 556 & Ors NEW SOUTH WALES REGISTRY - FEDERAL COURT OF AUSTRALIA Registry: Dated: 18/02/2016 4:18:21 PM 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 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. Statement of claim Federal Court of Australia No. District Registry: New South Wales Division: General ROADSHOW FILMS FTV LIMITED (ACN 100 746 570) and others named in the schedule Applicants TELSTRA CORPORATION LIMITED (ACN 051 775 555) and others named in the schedule Respondents Parties The Applicants 1, The First Applicant (Roadshow Films) is. and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. 2. The Second Applicant (Village Roadshow BVI), is. and was at all materials times duly incorporated under the laws of the British Virgin Islands and is entitled to sue in and by its corporate name and style. 3. The Third Applicant (Disney) is. and ms at all material times duly incorporated under laws of the State of Delaware in the United States of America and is entitled to sue in and by its wrporate name and style. 4. The Fourth Applicant (Twentieth Century Fox) is. and was at all material times duly incorporated under laws of the State of Delaware in the United States of America and is entitled to sue in and by its corporate name and style. 5. The Fifth Applicant (Paramount) is, and was at all material times duly incorporated under laws at the State oi Delaware in the United States of America and is entitled to sue in and by its corporate name and style. Filed on behalf of Prepared by Law firm 10. 11. 12. 13. 14. The Sixth Application (Columbia) is, and was at all material times duly incorporated under laws of the State of Delaware in the United States of America and is entitled to sue in and by its corporate name and style. The Seventh Applicant (Universal Studios) is, and was at all material times duly incorporated under laws of the State of Delaware in the United States of America and is entitled to sue in and by its corporate name and style. The Eighth Applicant (Warner Bros) is, and was at all material times duly incorporated under laws of the State of Delaware in the United States of America and is entitled to sue in and by its corporate name and style. Disney, Twentieth Century Fox, Paramount, Columbia, Universal and Warner Bros are engaged in the creation, distribution, licensing and marketing of theatrical motion pictures and/or, television programming, and their related products (such as video/DVDs) throughout the world, including in Australia. The Applicants are the owners and/or exclusive licensees of the copyright in numerous motion pictures and/or television programs in Australia. The ISP Respondents Telstra The First Respondent (Telstra) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Second Respondent (Pacnet Internet) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Third Respondent (Pacnet Services) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. Telstra, Pacnet Internet, and Pacnet Services, (together, the Telstra Respondents) are each engaged in the business of providing telecommunication services to the public in Australia. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. The Telstra Respondents supply, or proposes to supply, a listed carriage service to the public using a network unit owned by one or more carriers or a network unit in relation to which a nominated carrier declaration is in force (Telstra carriage services). Optus The Fourth Respondent (Optus Mobile) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Fifth Respondent (Optus Networks) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Sixth Respondent (Uecomm) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Seventh Respondent (Optus Infrastructure) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Eighth ReSpondent (Uecomm Operations) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Ninth Respondent (Vividwireless) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Tenth Respondent (Vividwireless Group) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Eleventh Respondent (Virgin Mobile) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Twelfth Respondent (Alphawest) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. 25. 26. 27. 28. 29. 30. 31. 32. 33. The Thirteenth Respondent (Optus Wholesale) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Fourteenth Respondent (Optus Consumer) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Fifteenth Respondent (Optus Backbone) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. Optus Mobile, Optus Networks, Uecomm, Optus Infrastructure, Uecomm Operations, indwireless, Vividwireless Group, Virgin Mobile, Alphawest, Optus Wholesale, Optus Consumer, and Optus Backbone (together, the Optus Respondents) are each engaged in the business of providing telecommunication services to the public in Australia. The Optus Respondents supply, or propose to supply, listed carriage services to the public using a network unit owned by one or more carriers or a network unit in relation to which a nominated carrier declaration is in force (Optus carriage services). M2 The Sixteenth Respondent (M2 Wholesale) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Seventeenth Respondent (M2 Wholesale Services) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Eighteenth Respondent (M2 Commander) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Nineteenth Respondent (Primus Network) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. The Twentieth Respondent (Primus) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Twenty-First ReSpondent (Primus Australia) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Twenty-Second Respondent (Dodo) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Twenty-Third Respondent (Engin) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Twenty-Fourth Respondent (Eftel) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Twenty-Fifth Respondent (Eftel Retail) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Twenty-Sixth Respondent (Eftel Wholesale) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Twenty-Seventh Respondent (ClubTelco) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Twenty-Eighth Respondent (Wholesale Communications) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Twenty-Ninth Respondent (2Talk) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. M2 Wholesale, M2 Wholesale Services. M2 Commander, Primus Network, Primus, Primus Australia, Dodo, Engin, Eftel, Eftel Retail, Eftel Wholesale, ClubTelco, Wholesale COmmunications, and 2Talk (together, the M2 Respondents) are each engaged in the business of providing telecommunication services to the public in Australia. 45Respondents supply, or propose to supply, listed carriage services to the public using a network unit owned by one or more carriers or a network unit in relation to which a nominated carrier declaration is in force (M2 carriage services). TPG The Thirtieth Respondent (TPG Telecom) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Thirty-First Respondent (TPG Holdings) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Thirty-Second Respondent (TPG Internet) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Thirty-Third Respondent (Value Added Network) is. and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Thirty-Fourth Respondent (TPG Network) is, and was at all material times, duly incorporated under the laws of Australia is entitled to sue in and by its corporate name and style. The Thirty-Fifth Respondent (FTTB Wholesale) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Thirty-Sixth Respondent (Chariot) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Thirty-Seventh Respondent (Soul Pattinson) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Thirty-Eighth Respondent (SPT) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. 55. 56. 58. 59. 60. 61. 62. 63. 64. The Thirty-Ninth Respondent is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Fortieth Respondent (Soul Communications) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Forty-First Respondent (PIPE Networks) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Forty?Second Respondent (lntraPower Terrestrial) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Forty-Third Respondent (iiNet Limited) is, and was at all material times, duiy incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Forty-Fourth Respondent (lnternode) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Forty-Fifth Respondent (TransAC-T Capital) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Forty?Sixth Respondent (TransACT Victoria) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Forty-Seventh Respondent (Westnet) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Forty-Eighth Respondent (Adam Internet) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. 65. 66. 67. 68. 69. The Forty-Ninth Respondent (AAPT) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. The Fiftieth Respondent (Request Broadband) is, and was at all material times, duly incorporated under the laws of Australia and is entitled to sue in and by its corporate name and style. TPG Telecom, TPG Holdings, TPG Internet, Value Added Network, TPG Network, Wholesale, Chariot, Soul Pattinson, SPT, Soul Communications, PIPE Networks, IntraPower Terrestrial, iiNet, Internode, TransACT Capital, TransACT Victoria, Westnet, Adam Internet, AAPT and Request Broadband together, the TPG Respondents) are each engaged in the business of providing telecommunication services to the public in Australia. The TPG Respondents supply, or propose to supply, listed carriage services to the public using a network unit owned by one or more carriers or a network unit in relation to which a nominated carrier declaration is in force (TPG carriage services). By reason of the matters set out in paragraphs 11 to 68 above, each of the Telstra Respondents, the Optus Respondents, the M2 Respondents and the TPG Respondents (together, the ISP Respondents) is a carriage service provider within the meaning of 55 10(1) and 115A of the Copyright Act 1968 (Cth) (Copyright Act). Subsistence and ownership of copyright in the cinematograph ?lms 70. 71. The Lego Movie The motion picture titled "The Lego Movie" is a cinematograph film within the meaning of section 10(1) of the Copyright Act. Copyright subsists in the cinematograph film titled The Lego Movie". Particulars Copyright subsists in the cinematograph film titled The Lego Movie" pursuant to: Section 90(1) of the Copyright Act; (ii) Section and of the COpyright Act; and Regulation 4(3) and (4) of the Copyright (International Protection) Regulations 1969 (Cth) (Copyright Regulations). 72. 73. 74. 75. 76. Roadshow Films is the exclusive licensee of the copyright in the cinematograph film titled The Lego Movie". Village Roadshow BVI is the owner of the copyright in the cinematograph ?lm titled ?The Lego Movie". Particulars Village Roadshow is the owner of the copyright in the cinematograph ?lmed titled The Lego Movie" pursuant to: Section 98 of the Copyright Act; (ii) Section 184(1)(e) of the Copyright Act; and Regulation 4(5) of the Copyright Regulations. Cinderella The motion picture titled "Cinderella" is a cinematograph film within the meaning of section 10(1) of the Copyright Act. Copyright subsists in the cinematograph film titled ?Cinderella?. Particulars Copyright subsists in the cinematograph film titled "Cinderella" pursuant to: Section 90(1) of the Copyright Act; (ii) Section and of the Copyright Act; and Regulation 4(3) and (4) of the Copyright Regulations. Disney is the owner of the copyright in the cinematograph film titled ?Cinderella?. Particulars Disney is the owner of the copyright in the cinematograph filmed titled "Cinderella" pursuant to: Section 98 of the Copyright Act; 77. 78. 79. 80. 81. 10 (ii) Section 184(1)(e) of the Copyright Act; and Regulation 4(5) of the Copyright Regulations. Tron Legacy The motion picture titled ?Tron Legacy' is a cinematograph film within the meaning of section 10(1) of the Copyright Act. Copyright subsists in the cinematograph film titled ?Tron Legacy?. Particulars Copyright subsists in the cinematograph ?lm titled "Tron Legacy' pursuant to: Section 90(1) of the Copyright Act; (ii) Section and of the Copyright Act; and Regulation 4(3) and (4) of the Copyright Regulations. Disney is the owner of the copyright in the cinematograph film titled Tron Legacy?. Particulars Disney is the owner of the copyright in the cinematograph filmed titled Tron Legacy' pursuant to: Section 98 of the Copyright Act; (ii) Section 184(1)(e) of the Copyright Act; and Regulation 4(5) of the Copyright Regulations. Spy The motion picture titled ?Spy? is a cinematograph film within the meaning of section 10(1) of the Copyright Act. Copyright subsists in the cinematograph film titled "Spy?. 82. 83. 84. 11 Particulars Copyright subsists in the cinematograph film titled "Spy' pursuant to: Section 90(1) of the Copyright Act; (ii) Section and of the Copyright Act; and Regulation and (4) of the Copyright Regulations. Twentieth Century Fox is the owner of the copyright in the cinematograph ?lm titled ?Spy?. Twentieth Century Fox is the owner of the copyright in the cinematograph ?lmed titled "Spy' pursuant to: Section 98 of the Copyright Act; (ii) Section 184(1)(e) of the Copyright Act; and Regulation 4(5) of the Copyright Regulations. Kingsman: The Secret Service The motion picture titled ?Kingsman: The Secret Service" is a cinematograph film within the meaning of section 10(1) of the Copyright Act. Copyright subsists in the cinematograph film titled ?Kingsman: The Secret Service?. Particulars Copyright subsists in the cinematograph ?lm titled "Kingsman: The Secret Service" pursuant to: Section 90(1) of the Copyright Act; (ii) Section and of the Copyright Act; and Regulation and (4) of the Copyright Regulations. 85. Twentieth Century Fox is the owner of the copyright in the cinematograph ?lm titled ?Kingsman: The Secret Service?. 11 86. 87. 88. 12 Particulars Twentieth Century Fox is the owner of the copyright in the cinematograph ?lmed titled "Kingsman: The Secret Service" pursuant to: Section 98 of the Copyright Act; (ii) Section 184(1)(e) of the Copyright Act; and Regulation 4(5) of the Copyright Regulations. Transformers: Age of Extinction The motion picture titled Transformers: Age of Extinction" is a cinematograph film within the meaning of section 10(1) of the Copyright Act. Copyright subsists in the cinematog raph film titled Transformers: Age of Extinction". Particulars Copyright subsists in the cinematograph film titled Transformers: Age of Extinction" pursuant to: Section 90(1) of the Copyright Act; (ii) Section and of the Copyright Act; and Regulation 4(3) and (4) of the Copyright Regulations. Paramount is an owner of the copyright in the cinematograph film titled Transformers: Age of Extinction". Particulars Paramount is an owner of the COpyright in the cinematograph filmed titled Transformers: Age of Extinction" pursuant to: Section 98 of the Copyright Act; (ii) Section 184(1)(e) of the Copyright Act; and 12 89. 90. 91. 92. 93. 13 Regulation 4(5) of the Copyright Regulations. The Gambler The motion picture titled ?The Gambler? is a cinematograph film within the meaning of section 10(1) of the Copyright Act. Copyright subsists in the cinematograph film titled The Gambler?. Particulars Copyright subsists in the cinematograph film titled The Gambler" pursuant to: Section 90(1) of the Copyright Act; (ii) Section and of the Copyright Act; and Regulation 4(3) and (4) of the Copyright Regulations. Paramount is an owner of the copyright in the cinematograph film titled ?The Gambler". Particulars Paramount is an owner of the copyright in the cinematograph filmed titled The Gambler" pursuant to: Section 98 of the Copyright Act; (ii) Section 184(1)(e) of the Copyright Act; and Regulation 4(5) of the Copyright Regulations. This Is The End The motion picture titled This ls The End" is a cinematograph film within the meaning of section 10(1) of the Copyright Act. Copyright subsists in the cinematograph film titled ?This ls The End?. Particulars Copyright subsists in the cinematograph film titled "This Is The End" pursuant to: 13 14 Section 90(1) of the Copyright Act; (ii) Section and of the Copyright Act; and Regulation 4(3) and (4) of the Copyright Regulations. 94. Columbia is the owner of the copyright in the cinematograph ?lm titled This Is The End'. 95. 96. 97. Particulars Columbia is the owner of the copyright in the cinematograph filmed titled "This is the End pursuant to: Section 98 of the Copyright Act; (ii) Section 184(1)(e) of the Copyright Act; and Regulation 4(5) of the Copyright Regulations. Spider-Man 2 The motion picture titled "Spider-Man 2? is a cinematograph ?lm within the meaning of section 10(1) of the Copyright Act. Copyright subsists in the cinematograph film titled ?spider-Man Particulars (3) Copyright subsists in the cinematograph film titled "Spider-Man 2" pursuant to: Section 90( 1) of the Copyright Act; (ii) Section and of the Copyright Act; and Regulation 4(3) and (4) of the Copyright Regulations. Columbia is the owner of the copyright in the cinematograph film titled ?Spider-Man Particulars Columbia is the owner of the copyright in the cinematograph filmed titled "Spider- Man 2" pursuant to: 14 98. 99. 100. 101. 102. 15 Section 98 of the Copyright Act; (ii) Section 184(1)(e) of the Copyright Act; and Regulation 4(5) of the Copyright Regulations. Jurassic World The motion picture titled ?Jurassic Worid" is a cinematograph ?lm within the meaning of section 10(1) of the Copyright Act. Copyright subsists in the cinematograph film titled ?Jurassic World". Particulars Copyright subsists in the cinematograph ?lm titled "Jurassic World" pursuant to: Section 90(1) of the Copyright Act; (ii) Section and of the Copyright Act; and Regulation 4(3) and (4) of the Copyright Regulations. Universal is an owner of the copyright in the cinematograph ?lm titled ?Jurassic Worid". Particulars Universal is the owner of the copyright in the cinematograph filmed titled "Jurassic (3) World" pursuant to: Section 98 of the Copyright Act; (ii) Section 184(1)(e) of the Copyright Act; and Regulation 4(5) of the Copyright Regulations. Straight Outta Compton The motion picture titled ?Straight Outta Compton? is a cinematograph ?lm within the meaning of section 10(1) of the Copyright Act. Copyright subsists in the cinematograph ?lm titled ?Straight Outta Compton?. 15 16 Particulars (3) Copyright subsists in the cinematograph film titled "Straight Outta Compton" pursuant to: Section 90(1) of the Copyright Act; (ii) Section and of the Copyright Act; and Regulation 4(3) and (4) of the Copyright Regulations. 103. Universal is an owner of the copyright in the cinematograph film titled "Straight Outta 104. 105. Compton". Particulars Universal is an owner of the copyright in the cinematograph filmed titled "Straight Outta Compton? pursuant to: Section 98 of the Copyright Act; (ii) Section 184(1)(e) of the Copyright Act; and Regulation 4(5) of the Copyright Regulations. The Big Bang Theory: Season 7 Episode 24 The television program titled The Big Bang Theory: Season 7 Episode 24? is a cinematograph film within the meaning of section 10(1) of the Copyright Act. Copyright subsists in the cinematograph film titled ?The Big Bang Theory: Season 7 Episode 24?. (8) Copyright subsists in the cinematograph ?lm titled The Big Bang Theory: Season 7 Episode 2 pursuant to: Section 90(1) of the Copyright Act; (ii) Section and of the Copyright Act; and 16 17 Regulation 4(3) and (4) of the Copyright Regulations. 106. Warner Bros is the owner of the copyright in the cinematograph film titled The Big Bang 107. 108. 109. Theory: Season 7 Episode 24". Particulars (3) Warner Bros is the owner of the copyright in the cinematograph filmed titled The Big Bang Theory: Season 7 Episode 2 pursuant to: Section 98 of the Copyright Act; (ii) Section 184(1)(e) of the Copyright Act; and Regulation 4(5) of the Copyright Regulations. Shameless: Season 4 Episode 12 The television program titled "Shameless: Season 4 Episode 12" is a cinematograph film within the meaning of section 10(1) of the Copyright Act. Copyright subsists in the cinematograph film titled ?Shameless: Season 4 Episode 12?. Particulars Copyright subsists in the cinematograph film titled "Shameiess: Season 4 Episode 12" pursuant to: Section 90(1) of the Copyright Act; (ii) Section and of the Copyright Act; and Regulation 4(3) and (4) of the Copyright Regulations. Warner Bros is the owner of the copyright in the cinematograph ?lm titled ?Shameless: Season 4 Episode 12". Particulars (8) Warner Bros is the owner of the copyright in the cinematograph filmed titled "Shameless: Season 4 Episode 12" pursuant to: 17 18 Section 98 of the Copyright Act; (ii) Section 184(1)(e) of the Copyright Act; and Regulation 4(5) of the Copyright Regulations. Target Online Locations 110. Since a date unknown to the Applicants but continuing at and after the date of this statement of claim, Internet users using the Telstra carriage services, the Optus carriage services, the M2 carriage services and the TPG carriage services (CSP Internet Users) are able to access certain online locations at the following Universal Resource Locators (URLs), each of which is accessible at the Internet Protocol (IP) addresses (IP Addresses) indicated for each URL: Target Online Location URL IP Addresses Target Online 185.47.10.11 Location" 205.204.80.87 188.92.78.142 68.71.61.168 Target Online 185.47.10.1 1 Location" 68.71.61.168 188.92.78.142 205.204.80.70 Taret Online 68.71.61.168 Location" 188.92.78.142 185.47.10.11 205.204.80.87 Target Online 188.92.78.142 Location" 68.71.61.168 205.204.80.87 185.47.10.11 (collectively, the Target Online Locations). 111. The servers for the Target Online Location accessible at the URL 112. 113. 114. 19 (.IS Target Online Location) are located in Canada and Latvia. . Particulars IP Address Allocation search performed on 10 February 2016. Domain Name Server Query performed on 10 February 2016. WHOIS Look-up search performed on 10 February 2016. The servers for the Target Online Location accessible at the URL (.COM Target Online Location) are located in Canada and Latvia. Particulars (3) IP Address Allocation search performed on 10 February 2016. Domain Name Server Query performed on 10 February 2016. WHOIS Look-up search performed on 10 February 2016. The servers for the Target Online Location accessible at the URL (.EU Target Online Location) are located in Canada and Latvia. Particulars IP Address Allocation search performed on 10 February 2016. Domain Name Server Query performed on 10 February 2016. WHOIS Look-up search performed on 10 February 2016. The servers for the Target Online Location accessible at the URL (.PH Target Online Location) are located in Canada and Latvia. Particulars IP Address Allocation search performed on 10 February 2016. 19 115. 116. 117. 118. 119. 20 Domain Name Server Query performed on 10 February 2016. WHOIS Look-up search performed on 10 February 2016. Each of the Target Online Locations is an online location outside Australia within the meaning of of the Copyright Act. Particulars As pleaded in paragraphs 111 to 114. The URLs for the Target Online Locations are allocated for regions outside of Australia. Since a date unknown to the Applicants but continuing at and after the date of this statement of claim, when CSP Internet Users access any of the following URLs: that CSP Internet User is automatically redirected to the .PH Target Online Location. Since a date unknown to the Applicants but continuing at and after the date of this statement of claim, the .PH Target Online Location provides an index or other listings of streams of motion pictures by country, including an index or listing for Australia. Since a date unknown to the Applicants but continuing at and after the date of this statement of claim, the .PH Target Online Location provides access to streams of cinematograph films that have been categorised indexed and meta-tagged by the operators of the .PH Target Online Location. Since a date unknown to the Applicants but continuing at and after the date of this statement of claim, CSP Internet Users can search on the .PH Target Online Location for a particular cinematograph film by: typing in the free text search that is visible on the .PH Target Online Location; or browsing through indexes provided on the .PH Target Online Location including and 20 21 for motion pictures and and for television programs. 120. Since a date unknown to the Applicants but continuing at and after the date of this 121. 122. statement of claim, when any CSP Internet User selects a particular cinematograph film title on the .PH Target Online Location: the CSP Internet User is presented with a list of links to stream the particular motion picture or television program; to view the motion picture or television program, the CSP Internet User may be prompted to login or may have the motion picture or television program immediately streamed to them; if the CSP Internet User has an account, he or she is able to log in by entering his or (0) her login ID and password; if the CSP Internet User does not already have an account, he or she can register for a user account by: providing a valid email address; (ii) (iv) creating a login ID and password; passing a CAPTCHA test; and verifying the email address provided by clicking on an activation link sent to the registered email address. Since a date unknown to the Applicants but continuing at and after the date of this statement of claim, after any CSP Internet User has logged in (if required) and selected a link for a particular motion picture or television program on the .PH Target Online Location (as referred to in paragraph 120 above), in order to cause a cinematograph film of that motion picture or television program to be streamed to them, the CSP Internet User must: press the ?Play Now? button, which causes the cinematograph film to be presented in a new webpage with an embedded player (having a URL within the .PH URL domain) (.PH Target Online Webpage); and click on the play button on the embedded player. By following the procedure set out in paragraphs 119 to 121 above and selecting a link for any of the following cinematograph films: "The Lego Movie"; 21 123. 22 "Cinderella"; "Spider-Man "Tron Legac "Spy"; "Kingsman: The Secret Service"; "Transformers: Age of Extinction"; "The Gambler"; "This Is The End"; "Jurassic World"; (I) "The Big Bang Theory: Season 7, Episode 24"; and (collectively, the Applicants? Cinematoraph Films) "Straight Outta Compton"; "Shameless: Season 4, Episode 12", the CSP Internet User is able to create a .PH Target Online Webpage for each of the Applicants? Cinematograph Films, from which the CSP Internet User, by clicking on the play button on the embedded player on the .PH Target Online Webpage, is able to view each of the Applicants? Cinematograph Films in its entirety, including the parts of the motion picture or television program which display a copyright notice and indicate the name of the owner of the copyright in the cinematograph film of the particular motion picture or television program. Since a date unknown to the Applicants but continuing at and after the date of this statement of claim, users of the Target Online Locations, including CSP Internet Users. have been able to upload cinematograph films to the .PH Target Online Location by the following process: registered users of the .PH Target Online Location who satisfy certain criteria are able to submit hypertext links to the operators of the .PH Target Online Location (known as "Linkers"); the operators of the .PH Target Online Location then insert those hypertext links onto the .PH Target Online Location; and once those hypertext links are inserted into the online location, the particular (0) 22 23 cinematograph ?lms are made available to CSP Internet Users in the manner described in paragraphs 119 to 122 above. 124. By the conduct set out in paragraphs 119 to 123 above, in respect of each of the Applicants? Cinematograph Films: CSP Internet Users who are also Linkers: copy the Applicants' Cinematograph Films within the meaning of section 21(6) of the Copyright Act by: A. converting the motion picture or television program into a digital or other electronic machine readable form; and/or B. converting the motion picture or television program from a digital or other electronic machine readable form; (ii) communicates the Applicants' Cinematograph Films within the meaning of sections 10(1) and 22(6) of the Copyright Act by: A. making the Applicants' Cinematograph Films available online; and/or B. electronically transmitting the Applicants' Cinematograph Films. the operator/s of .PH Target Online Location: communicate/s the Applicants' Cinematograph Films within the meaning of sections 10(1) and 22(6) of the Copyright Act by: A. making the Applicants' Cinematograph Films available online including to CSP Internet Users; and/or B. electronically transmitting the Applicants' Cinematograph Films including CSP Internet Users. 125. By reason of the matters set out in paragraphs 116 to 124 above: the CSP Internet User and/or operator/s of the .PH Target Online Location has or threatens to: made or make a copy of each of the Applicants? Cinematograph Films within the meaning of section 86(a) of the Copyright Act; and/or (ii) communicated or communicate each of the Applicants' Cinematograph Films to the public within the meaning of section 86(0) of the Copyright Act; and the operator/s of the .PH Target Online Location has authorised or threatens to 23 126. 127. 128. 129. 24 authorise the Linkers who are CSP Internet Users to engage in the conduct referred to in subparagraph above. None of the Applicants has licensed or authorised the activities referred to in paragraph 117 to 125 above. By reason of the matters set out in paragraphs 110 to 116 above, each of the Respondents provide access to each of the Target Oniine Locations outside Australia within the meaning of section 115A(1)(a) of the Copyright Act. By reason of the matters set out in paragraphs 110 to 126 above, CSP lnternet Users and/or the Target Oniine Locations and/or the Operators of the .PH Target Oniine Location have infringed, or threaten to infringe, the copyright in each of the Applicants? Cinematograph Films within the meaning of section 101(1) of the Copyright Act. By reason of the matters set out in paragraphs above, the .PH Target Oniine Location and each of the other Target Oniine Locations infringes, or facilitates an infringement of, the copyright subsisting in cinematograph films including each of the Applicants? Cinematograph Films within the meaning of section 115A(1)(b) of the COpyright Act. The primary purpose of the .PH Target Oniine Location and each of the other Target Oniine Locations is to infringe, or to facilitate the infringement of, copyright within the meaning of section 115A(1)(c) of the Copyright Act. Particulars The Applicants repeat paragraphs 116 to 128 above. A substantial number of cinematograph films including the Applicants? Cinematograph Films are available for streaming at the .PH Target Oniine Location. A substantial number of cinematograph films including the Applicants? Cinematograph Films available for streaming at the .PH Target Oniine Location feature a c0pyright notice and indicate the name of the owner of copyright in the cinematograph film. The .PH Target Oniine Location contains a specific forum category dedicated to requests from users for particular motion pictures or television programs to be uploaded to the .PH Target Online Location. On the forum referred to in users are able to provide existing links to, or upload (8) new links for, particular motion pictures or television programs. The owners/s or operator/s of the .PH Target Oniine Location have encouraged 24 130. 131. 25 users of the .PH Target Online Location to make requests for particular motion pictures or television programs to be uploaded to the .PH Target Online Location. (9) The moderators of the .PH Target Online Location have encouraged the replacement of inferior quality camcorder copies of motion pictures or television programs once high definition or DVD quality copies of the motion picture or television program become available. None of the owner/s or operator/s of the Target Online Locations, or any person on their behalf, have sought or received permission, licence or other authority from any of the Applicants for their use of, and conduct in respect of, any of the Applicants? Cinematograph Films. The Target Online Locations provide free access to and COpies of Cinematograph films that are known to be works in which copyright subsists and are known to be works that are not lawfully otherwise available without payment of a purchase price, licence fee or subscription fee. 0) None of the Target Online Locations have a legitimate commercial function or purpose and the Target Online Locations do not have any substantial function or purpose other than as a source for the CSP Internet Users to locate, view and copy works in which GOpyright subsists. Further particulars may be provided. The conduct referred to in paragraphs 116 and 129 above involves flagrant copyright infringement and/or flagrant facilitation of copyright infringement. Particulars The Applicants repeat the particulars set out under paragraph 129 above. The conduct of the Target Online Locations and the owner/s or operator/s of the Target Further particulars may be provided. Online Location has caused and continues to cause damage to the Applicants. Particulars The Applicants derive income from licensing, sale, and other exploitation of copyright works. 25 132. 133. 134. 26 The availability of the Applicants' Cinematograph Films on the Target Oniine Locations without charge involves the loss of sales, income and loss of opportunity for the Applicants. Further particulars may be provided. The .PH Target Online Location makes available and contains directories, indexes or categories of the means to infringe, or facilitate an infringement of. copyright. Particulars The Applicants repeat paragraphs 117 to 119 above. The owner/s and/or operator/s of the Target Oniine Locations demonstrate a disregard for Further particulars may be provided. copyright generally. Particulars The Applicants repeat the particulars set out under paragraph 129 above. Access to one or more of the Target Online Locations has been disabled by orders from courts of other countries or territories on the ground of or related to copyright infringement. Particulars On 13 November 2013, the High Court of Justice of England and Wales made orders that a number of UK based carriage service providers block access to a previous online location for the .PH Target Oniine Location; On 23 September 2014, the Court of Bucharest, Romania made orders that the Voxility SRL, an entity which hosted the URL cease doing so; On 10 December 2014, the Authority for Communications Guarantees, ltaly ordered (0) that the carriage service providers operating in Italy disable access to the .IS Target Oniine Location. On 18 December 2015, the Authority for Communications Guarantees, ltaly ordered that the carriage service providers operating in ltaly disable access to: the .PH Target Online Location; (ii) the .COM Target Online Location; and the .EU Target Oniine Location. 26 27 On 11 February 2016, the High Court of the Republic of Singapore ordered a number of network service providers to take reasonable steps to disable access to: the .PH Target Online Location; (ii) the .COM Target Online Location; the .lS Target Online Location; and (iv) the .EU Target Online Location. 135. The impact on any person, or class of persons, likely to be affected by the grant of the injunction is minimal and proportionate. Particulars The only websites operated from the IP Addresses for each of the Target Online Locations relates to the Target Online Locations. Disabling access to the Target Online Locations would not prevent access by CSP Internet Users to any other online locations. The Respondents already have a well-developed and often-used system for site blocking for the purposes of responding to requests from law enforcement authorities in Australia. The application of equivalent site blocking mechanisms to the four Target Online Locations would involve minimal time and effort. which would in any event be proportionate to the need to remedy the circumstances to which section 115A of the Copyright Act is directed. Further particulars may be provided. 136. it is in the public interest to disable access to the online location. Particulars The Applicants repeat paragraphs 128 to 135 above. Further particulars may be provided. 137. The Applicants have or will have by the time of the hearing of this application, notified each of the Respondents and the operator(s) of the Target Online Locations of the making of the application under section of the Copyright Act. Particulars Further particulars may be provided. 27 28 Relief 138. By reason of the matters pleaded herein. the Applicants are entitl ed to the relief set out in the Originating Application. Date: 15 February 2016 rew Gavin Stewart Lawyer for the Applicants This pleading was prepared by Andrew Gavin Stewart, sol I'citor, and settled by Richard Lancaster SC and J.S. Cooke of counsel. Certificate of lawyer I, Andrew Gavin Stewart, certify to the Court that. in relation to the statement of claim filed on behalf of the Applicant, the factual and legal material available to me at present provides a proper basis for each allegation in the pleading. Date: 18 February 2016 ig ed by Andrew GamStewart 7-W-- 7 Lawyer for the Applicants 23 Federal Court of Australia District Registry: New South Wales Division: General Applicants Second Applicant: Third Applicant: Fourth Applicant: Fifth Applicant: Sixth Applicant: Seventh Applicant: Eighth Applicant Respondents Second Respondent: Third Respondent: Fourth Respondent: Fifth Respondent: Sixth Respondent: Seventh Respondent: Eighth Respondent: Ninth Respondent: Tenth Respondent: Eleventh Respondent: Twelfth Respondent: Thirteenth Respondent Fourteenth Respondent Fifteenth Respondent Sixteenth Respondent Seventeenth Respondent 29 Schedule No. Village Roadshow Films (BVI) Disney Enterprises, Inc Twentieth Century Fox Film Corporation Paramount Pictures Corporation Columbia Pictures Industries, Inc. Universal City Studios LLC. Warner Bros. Entertainment Inc. Pacnet Internet (A) .Pty (ACN 085 213 690) Pacnet Services (A) Pty. Ltd. (ACN 056 783 852) Optus Mobile Pty Limited (ACN 054 365 696) Optus Networks Pty Limited (ACN 008 570 330) Uecomm Pty Limited (ACN 079 083 195) Optus Fixed Infrastructure Pty Limited (formerly Pty Limited) (ACN 092 450 783) Uecomm Operations Pty Limited (ACN 093 504 100) Vividwireless Pty Limited (ACN 137 696 461) Vividwireless Group Limited (ACN 008 082 737) Virgin Mobile (Australia) Pty Limited (ACN 092 726 442) Alphawest Pty Limited (ACN 009 222 931) Optus Wholesale Pty Limited (ACN 092 227 551) Optus Consumer/Optus Internet Pty Limited (ACN 083 164 532) Optus Backbone Investments Pty Limited (ACN 138 676 356) M2 Wholesale Pty (ABN 99 119 220 843) M2 Wholesale Services Pty (ACN 119 220 843) 29 Eighteenth ReSpondent Nineteenth Respondent Twentieth Respondent Twenty-First Respondent Twenty-Second Respondent Twenty-Third Respondent Twenty-Fourth Respondent Twenty-Fifth Respondent Twenty-Sixth Respondent Twenty-Seventh Respondent Twenty-Eighth Respondent Twenty-Ninth Respondent Thirtieth Respondent Thirty-First Respondent Thirty-Second Respondent Thirty-Third Respondent Thirty-Fourth Respondent Thirty-Fifth Respondent Thirty-Sixth Respondent Thirty-Seventh Respondent Thirty?Eighth ReSpondent Thirty-Ninth Respondent Fortieth Respondent Forty-First Respondent Forty-Second Respondent Forty-Third Respondent Forty-Fourth Respondent Forty-Fifth Respondent 30 M2 Commander Pty (ACN 136 950 082) Primus Network (Australia) Pty (ACN 109 142 216) Primus Telecommunications Pty (ACN 071 191 396) Primus Telecommunications (Australia) Pty (ACN 061 754 943) Dodo Services Pty (ACN 158 289 331) Engin Pty (ACN 080 250 371) Eftel Corporate Pty (ACN 154 634 054) E?el Retail Pty (ACN 092 667 126) Eftel Wholesale Pty (ACN 123 409 058) ClubTelco Pty (ACN 144 488 620) Wholesale Communications Group Pty (ACN 109 626 011) 2Talk Pty (ACN 161 656 499) TPG Telecom Limited (ABN 093 058 069) TPG Holdings Pty Limited (ACN 003 328 103) TPG Internet Pty (ACN 068 383 737) Value Added Network Pty. Limited (ACN 056 411 888) TPG Network Pty (ACN 003 064 328) FTTB Wholesale Pty (ACN 087 533 328) Chariot Pty (ACN 088 377 860) Soul Pattinson Telecommunications Pty Limited (ACN 001 726 192) SPT Telecommunications Pty Limited (ACN 099 173 770) Pty Limited (ACN 111 578 897) Soul Communications Pty (ACN 085 089 970) PIPE Networks Pty Limited (ACN 099 104 122) lntraPower Terrestrial Pty (ACN 081 193 259) iiNet Limited (ACN 068 628 937) lnternode Pty (ABN 82 052 008 581) TransACT Capital Communications Pty (ACN 093 966 888) 30 Forty-Sixth ReSpondent Forty-Seventh Respondent Forty-Eighth Respondent Forty-Ninth Respondent Fiftieth Respondent Date: 18 February 2016 31 TransACT Victoria Communications Pty (ACN 063 024 475) Westnet Pty (ACN 086 416 908) Adam Internet Pty (ACN 055 495 853) AAPT Limited (ACN 052 082 416) Request Broadband Pty (ACN 091 530 586) 31