Australian ISP to face legal action over infringement of construction company’s rights
A small Australian Internet service provider could face legal action in the federal court if it does not block access to an overseas website, orders law firm Moray and Agnew, acting for construction firm Simonds Homes.
It is believed that if the case is forwarded to the federal court, then chances are likely that Australia's site-blocking laws will be put to use for the first time in court.
Last week, Moray and Agnew sent legal notice to the ISP to block the website of CHM Constructions within seven days’ time, citing reasons that the website was "infringing on Simonds' rights.” "We consider it to be incumbent upon you, as an internet service provider, to cease providing access to an online location outside Australia, the primary purpose of which is to facilitate the infringement of copyright," the letter stated, as quoted by ABC.
"In the event that you fail to do so [block access to chmconstructions.com] and Simonds is left with no option but to apply to the Federal Court pursuant to section 115A of the Copyright Act 1968,” the legal action read.
This case is expected to be the first case of the new website blocking law, which gives people or firms the right to block foreign based websites if their primary purpose is to infringe copyright.
However, Fiona Phillips, the executive director of the Australian Copyright Council, said the case was not related to copyright issues, although some factors may be concerning. She said that the case was more in relation to trademarks or misleading and deceptive conduct. Meanwhile, no one from either of the companies was available to comment on the current situation.
A few months back, Foxtel, which announced that a site-blocking case was coming on its way, didn't make up to the Federal court. Foxtel was preparing to put up owners of piracy related websites in the Federal court to block its access to Australians.
Back in June, the Australian Senate passed the controversial "anti-piracy website-blocking legislation.” The bill blocked access to sites offering copyright contents for free on the basis of "online infringement." It was introduced by Prime Minister Malcolm Turnbull, who was the then Communications minister, with the intention of curbing the spreading of online piracy that gained support from the Coalition and Labor.
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