[AusNOG] Dallas Buyers Club vs iiNet

Paul Wilkins paulwilkins369 at gmail.com
Tue Apr 7 16:43:33 EST 2015


We need Ben Grubb to give us the scoop on how Australian traffic numbers
have collapsed :)

Paul Wilkins

On 7 April 2015 at 15:08, Narelle <narellec at gmail.com> wrote:

> Dallas Buyers Club slays iiNet in landmark piracy case
> April 7, 2015 - 2:49PM
> Ben Grubb
>
> A Federal Court judge has ordered several Australian internet service
> providers, including iiNet, to hand over to a film studio the
> identities of thousands of account holders whose internet connections
> were allegedly used to share without authorisation the Dallas Buyers
> Club movie.
>
> In a landmark judgment delivered on Tuesday afternoon, Justice Nye
> Perram ruled in favour of Dallas Buyers Club LLC's "preliminary
> discovery" application requesting that the ISPs disclose the
> identities of people it alleges shared the movie online.
>
> In addition to iiNet, ISPs Dodo, Internode, Amnet Broadband, Adam
> Internet and Wideband Networks will also be required to hand over
> customer details.
>
> It was unclear on Tuesday whether iiNet would appeal the decision
> before the Full Court of the Federal Court. They will have 28 days to
> do so.
>
> The ruling means about 4700 Australian internet account holders whose
> service was used to share Dallas Buyers Club on the internet from as
> early as May 2013 are soon likely to receive legal letters from Dallas
> Buyers Club LLC's Australian lawyers threatening legal action unless
> large sums of money are paid for breach of copyright.
>
> This occurred in the US, where legal action was threatened against
> account holders claiming they were liable for damages of up to
> $US150,000 ($196,656) in court unless settlement fees of up to $US7000
> ($9171) were paid. This practice is commonly referred to as
> "speculative invoicing".
>
> But in a win for iiNet and the other ISPs, the judge ordered that any
> letters sent to ISP customers must first be seen by him.
>
> The judge also ordered that the privacy of individuals should be
> protected, meaning Dallas Buyers Club cannot disclose the identities
> of letter recipients.
>
> etc at:
>
>
> http://www.smh.com.au/digital-life/digital-life-news/dallas-buyers-club-slays-iinet-in-landmark-piracy-case-20150407-1mey38.html
>
>
> --
>
>
> Narelle
> narellec at gmail.com
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>
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