Sunday 29 July 2018

Australia And Piracy Updates...A television fan responds.

Last week Australian fans of the US television comedy show The Big Bang Theory finally saw the last episode of the current season 11. The current season finished screening in the US in May. Watching this season (as with most seasons of current US television shows in Australia) was a long and painful experience.

The online copyright and piracy website 'Torrent Freak' recently reported that a group of television and movie companies are increasing legal action to block pirate sites through the courts.

One of the US television shows mentioned in the article subject was The Big Bang Theory. While The Big Bang Theory is produced by US television giant CBS it is distributed by Time Warner, one of the companies involved in legal action.

While I don't watch any regular television except for rugby union, the way The Big Bang Theory was shown was absolutely dreadful and it is easy to see why Australians turn to piracy. After six episodes fans were left hanging. 

Then the rest of the season came way after the show finished in the US and CBS had created a new spin off series Young Sheldon. Then two episodes before the end of the season fans were left hanging again while local reality television filled the programming gap. 

I watched the final episode on Catch Up TV 9 after the original screening on regular free-to-air television which was full of advertisements. The link broke down and there were more advertisements before I could reconnect. 

It is difficult to know whose fault it is in the way new US television and movie content is shown in Australia. Australian residents are unable to buy new US television content until the content is shown locally on free-to-air or pay television.

After extensive research of television and movie consumers in Australia researchers found that consumers want content available at the same time as it is shown in America and they are prepared to pay for it. However, providers are hanging onto it until it suits them.

As long as television and movie providers in Australia continue to lock horns with consumers over the availability of US content they will have problems with pirates. They should screen it locally and make it available for purchase online as soon as it screens in the US.

I have copied the article 'Movie & TV Giants Apply For Broadest Ever Piracy Blocking Injunction' by Andy published on 17 July, 2018 on Torrent Freak below. No copyright infringement intended.

A large coalition of movie and TV show companies has filed for a record-setting site-blocking injunction Down Under. Village Roadshow and several Hollywood companies have teamed up with Hong Kong-based Television Broadcasts and local distributor Madman Entertainment Pty. If successful, the application will force Australian ISPs to block 151 domains linked to 77 'pirate' sites.

As the battle against online piracy continues, entertainment industry companies are persisting with their site-blocking strategy.

There’s some doubt as to whether blockades work but the companies behind them appear happy to commit significant legal resources to have them implemented wherever legislation allows.

Australia is one of the few regions where site blocking is specifically baked into local law so it’s no surprise that once entertainment groups got going with successful applications, they would be difficult to rein back.

In a new show of force, Village Roadshow Films and Hollywood partners Disney, Twentieth Century Fox, Paramount Pictures, Columbia Pictures, Universal, Warner Bros have been joined by Hong Kong-based Television Broadcasts Limited and Aussie distributor Madman Entertainment Pty Limited.

Together the companies have filed the broadest-ever blocking injunction at the Federal Court. If it succeeds – and there’s nothing thus far to suggest that the application won’t be successful – it will compel Australia’s ISPs to block a record-setting 151 domains related to 77 ‘pirate’ sites.

ComputerWorld, which first reported the news, notes that Telstra, Optus, Vocus, TPG and their subsidiaries are named as respondents in the case. In addition, Vodafone becomes a respondent in a blocking case for the first time, after confirming its entry to the fixed-line broadband market.

The injunction application seeks to protect many high-profile movies and TV shows owned by the entertainment companies including The Lego Movie, Dunkirk, Tron: Legacy, and Kingsman: The Secret Service, to The Big Bang Theory and Shameless.

Aside from Madman Entertainment Pty, all of the other companies involved in the current coalition have previously filed for blocking injunctions of their own.

In addition to several successful previous actions, Village Roadshow and several Hollywood studios won a blocking injunction in April against a pirate IPTV service.

Hong Kong-based Television Broadcasts Limited is currently tied up in a case of its own after applying for a blocking injunction last year 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. However, the application is complex and a final decision is still pending.

Hong Kong-based Television Broadcasts Limited is currently tied up in a case of its own after applying for a blocking injunction last year against several unauthorized IPTV services.

As a side note, 2018 marks the 10-year anniversary of Aussie ISPs being dragged into the copyright wars. In 2008, iiNet was sued by Village Roadshow and the Hollywood companies behind the current blocking application.

They argued that the ISP was responsible for the infringements of its customers but after an epic battle, that eventually ended up at the High Court, the studios lost their case.

With ISPs presumably safe and suggestions that users could be sued still sitting in the background, site-blocking is currently the preferred anti-piracy measure Down Under.

In February, the Australian government launched a review of its pirate site-blocking laws, with the Department of Communications seeking feedback on the effectiveness of the mechanism, from initial injunction application through to website blocking itself.

While no major changes are expected as a result of the review, a tune-up here and there, to further assist rights holders, is the most likely outcome longer term.


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