Relative quiet over the past few months may have given the impression that Australia has lost interest in site-blocking injunctions. But just like waiting for a bus, suddenly two come along at once. The first aims to block Australians' view of more than 30 pirate sites, a disproportionate number serving the pirate anime market. A brand-new application sees Apple in a surprise partnership with Hollywood and Netflix, because everyone has exclusives to protect these days.
Unless they already have links to existing platforms or can somehow benefit from traffic previously destined for a popular preexisting domain, most new pirate sites aren’t overnight success stories.
In a saturated market where most innovation takes place behind the scenes, if it happens at all, the next big thing may struggle to make any kind of serious impression. When dozens, even hundreds of similar platforms are already offering the same content, presented in a broadly similar way, potentially via the same interface, evidence of success may take months or even years to appear.
Popular in Months, Blocked Many, Many Months Later
In 2024, the most obvious outward indication of success for many sites is being placed on various rightsholder-maintained blocklists; they reward a site’s success or recognize its potential by stymieing further progress through the use of mostly regional ISP blockades. Australia has been methodically dealing with locally-significant sites in this manner since 2015, and via a more robust system since 2018.
Legislation has been developed to permit DNS and/or IP address blocking within a flexible ‘dynamic injunction’ framework, but when reading through an injunction signed off by Justice Nicholas at the Federal Court this week, it’s evident just how quickly things can change.
The original application was filed on November 9, 2023, headed up by local companies Roadshow Films and Village Roadshow Films, plus Disney, Paramount Pictures, Columbia Pictures, Universal City Studios, Warner Bros., plus affiliates Netflix Studios and Netflix Worldwide Entertainment. The respondents in the matter, dozens of local ISPs operating under Telstra, Optus, TPG Telecom, Aussie Broadband, iiNet, Vodafone, and other branding, were asked to block over 30 pirate sites operating under dozens of different domains.
The sites include: bayofpirates, proxygalaxy, tvbayoplus, haitu, watch-free, bbmovies, wcoanimedubbedonline, 6movies, animeflv, hdwatch, 9movies, seriesonlinehd, soap2dayhd, 123moviesfree, watchmovies, movieshd, gogoanime, animepahe, losmovies, 4anime, extratorrents, limetorrents, nivod4, aniwatch, kissanime, and watchcartoononline
After years of tuning the process is now well understood, and there’s little to no opposition from anyone since the criteria for blocking speaks for itself. However, after four months of ensuring the paperwork is correct, the list itself is predictably in need of an update.
Since dynamic injunctions are flexible, there’s nothing that can’t be fixed, but even after being identified in some cases by their main domains and several alternatives, targets continue to move. Aniwatch stands out as a site known by millions, yet just a few weeks before the application was made it was called Zoro.to. Today, after yet another change, it operates from HiAnime.to.
Gogoanime, on the other hand, laughs in the face of such consistency. Currently operating from anitaku.to and gogoanime3.co, the last round of switches featured gogoanimehd.io and gogoanime3.net. And since it doesn’t matter how many times a site changes its domain, or if other similar domains are even operated by the same people, gogoanimex.to, gogoanime.video, gogoanime.sk, .tel, news, .bid, .ar, and all the others, can now be blocked in Australia regardless.
The studios have to compensate the ISPs for initial blocking at the rate of AUS$50 per domain (US$33), and then another AUS$50 per domain after that. Pirate sites could try to bleed the studios dry by maintaining a more vigorous domain-switching pace but as strategies go, there have been better ones; blocking carried out as part of this order will continue for three years, minimum.
The Second Blocking Bus Has Apple on Board
The second application worthy of mention today was filed on March 13, 2024, and is unfortunately so new that precise details of the application are yet to be made available.
Until the real documents appear, we’ve put together the details of the request in a document available below. It features all the usual ISPs, the usual local rightsholders, plus members of the MPA including Netflix.
But perhaps the most interesting rightsholder is new arrival Apple Video Programming LLC, which owns the rights to Apple+ shows including Silo and Criminal Record, among many others, mostly exclusives.
The blocking order related to the November 2023 application is available here (pdf)
The application filed on March 13, 2024, featuring Apple hasn’t been made available yet so, in the meantime, the basic details can be found here (pdf)
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