[AusNOG] Dallas Buyers Club vs iiNet

Shane Short shane at short.id.au
Tue Apr 7 17:06:28 EST 2015


Or we could get Paul Wilkins in to tell us what life is like up on his 
high horse! :)

Paul Wilkins wrote:
> 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 
> <mailto: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 <mailto:narellec at gmail.com>
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>
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