News May 20, 2016

Music industry secures hearing date against KickassTorrents, case progressing

Former Editor

Despite media reports that Australia’s music industry hasdelayed itscase against pirate site KickassTorrents, including one misinformed article published byTMN, the case against eight offshore proxy sites is proceeding as planned.

The case, lead by Music Rights Australia, was initially filed in mid-April on behalf of the three major labels, along with music rights management company Alberts and collecting societyAPRA AMCOS.

The press release announcing the case last month cited a government comment which called KickassTorrents and similar websites the “worst of the worst”for exploiting the creativity of others.

“These sites make millions fromadvertising but give nothing back to the song writers, record labels, music publishersand artists whose work they flagrantly exploit,”Vanessa Hutley,” General Manager ofMusic Rights Australia toldTMNlast month.

The case is set down for hearing on October 25 and 26, the earliest dates which were available.

Hutley said in a statement:“Universal Music Australia Pty v TPG Internet Pty Limited has been set down for hearing at the earliest date which the court could give us. The Applicants did not seek to delay this case. The case is on track and we are currently finalising the Applicants’ evidence in accordance with the timetable we proposed.

“Music never sought to delay this important case as we believe the expeditious grant of these orders will benefit all copyright owners and their exclusive licensees whose creative content appears on the KickassTorrents site without their permission. We look forward to the matter being heard in October. ”

The Village Roadshow and Foxtel cases, which are separate matters, werelaunched in the Federal Court back in February to have piracy websites including The Pirate Bay, SolarMovie.ph, Torrentz and isoHuntblocked.

The film industry’s case will be the first case of its nature to be heard in Federal Court since the passing of section 115A of theCopyright Act 1968(Cth)last June. 115A gives rights holders the power to apply to the Federal Court to have foreign-based websites blocked, if the “primary purpose” of that website is to infringe copyright.

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