Media intelligence group Isentia has announced it is seeking urgent injunctions against SaaS provider Meltwater for repeated breaches of print monitoring contracts.
Isentia revealed in a statement that it has commenced legal proceedings in the Federal Court in Sydney against Meltwater, its managing director and his wife, alleging breach of contracts for media intelligence services.
“Isentia alleges that Meltwater, through its managing director and his wife and other associated entities, have subscribed for Isentia’s print monitoring services such as ‘Slice’ and ‘Mediaportal’, and then provided that content to Meltwater clients, in direct breach of its contract with Isentia,” the statement said.
“In doing so, Isentia alleges that Meltwater has also defrauded leading publishers such as News Corp Ltd and Fairfax Media of copyright revenue on the content involved.”
Isentia also claims Meltwater has been “free-riding” on Isentia’s technology, copyright licences and rights to distribute press clippings.
Claims have been filed against Meltwater for making a series of false, misleading and deceptive statements to customers, in breach of the Australian consumer law.
“Isentia is concerned that Meltwater’s unlawful conduct in relation to its contract with Isentia may be even more extensive than Isentia has been able to identify to date,” the statement said.
“Evidence was filed indicating that Meltwater has connections to an organisation located in India which appears to be systematically scraping content from Isentia’s services.
“Isentia has previously been forced to challenge Meltwater’s conduct. The allegations filed in court also indicate a flagrant breach of undertakings previously given by Meltwater in 2016 after Isentia challenged Meltwater regarding suspected breach of the terms and conditions for use of Isentia’s services.”
Isentia said it has sought urgent interlocutory injunctions from the court restraining Meltwater’s conduct, as well as damages and costs as a result of this matter.
The matter returns to Court on Tuesday 20 June 2017, when it is expected a date will be set for the hearing of the urgent interlocutory injunctions.
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