Further to our recent blog posts Village chases Pirates, Foxtel to take action under website blocking legislation, Controversial website blocking laws passes Senate and Website blocking of copyright infringing sites draws ever closer, rights holders Foxtel and Village Roadshow are now placing their focus on issues pertaining to piracy sites having the ability to mirror their site under a different name after their URL domain name is blocked.

To better manage online piracy, rights holders Foxtel and Roadshow have begun to lobby the Federal Court for an order that would introduce a rolling injunction for piracy sites. This would enable rights holders to issue an out-of-court notice to ISPs to take down mirror sites, replacing the current requirement that rights holders seek a court order each time they discover a new version of a blocked site.

ISPs Telstra, Optus, TPG and M2 are defending the status quo, saying that the process of issuing an out-of-court notice would not significantly reduce the amount of work required of rights holders in blocking a site. However, rights holders have fought back on this point, citing a similar scheme in the UK, and arguing that the additional cost, delay and inefficiency seen under the current system is justification enough for the implementation of a more flexible system.

In addition, both sides argue that the other should pay the costs associated with blocking a site. While ISPs argue that rights holders should pay, as they are bringing the case for an order to be made, rights holders argue that they should not be burdened for enforcing their rights at law.

We will keep you updated on these proceedings as they develop.