Update on the Dallas Buyers Club Saga


As you are well aware, earlier this year, the Federal Court of Australia found that iiNet (along with 5 other ISPs) were obliged to provide the makers of Dallas Buyers Club (‘DBC’) with details of their users who torrented the movie.

If you have downloaded Dallas Buyers Club, there are a few steps you should consider taking.

Recently, DBC pushed forward to obtain these details, offering the Court several versions of the proposed letters. On the 14th of August 2015, Justice Perram handed down his judgement in the Federal Court, refusing DBC’s application and rejecting the versions of the letters submitted.

Here is what you need to know:

1. We won’t be seeing speculative invoicing in Australia.

Justice Perram provided a colourful illustration of speculative invoicing. While downloading Dallas Buyers Club through BitTorrent without permission is unquestionably a breach of DBC’s copyright, sending aggressive letters to infringers amounted to throwing stones at, and breaking, the infringers’ windows – totally unrelated to enforcing a right to get paid.

2. If you torrented Dallas Buyers Club, you won’t be paying much.

You will most likely be liable to pay the purchase price of one copy of Dallas Buyers Club and an amount for what DBC spent on identifying the IP addresses and for the legal proceedings. As it is spread out amongst the large number of infringers, the cost for each individual will be quite small.

3. Some claims for payment have been ruled out.

You will not be paying an equivalent of a licence fee to distribute the film. Justice Perram expressed that the idea of an individual negotiating a distribution arrangement with DBC “is so surreal as not to be taken seriously”. The number of copies of other copyrighted works you torrented will also be irrelevant.

4. DBC will have to put a $600,000 bond to get the infringers’ details.

If the court eventually accepts a version of DBC’s letter to infringers, DBC must put a $600,000 bond to get the details of the individuals to ensure that they don’t send an unapproved version.

 

Want to know more and stay updated with the Dallas Buyers Club saga as it unfolds? Link up with LawPath today!

You may also like
Recent Articles

Get the latest news

By clicking on 'Sign up to our newsletter' you are agreeing to the Lawpath Terms & Conditions

Share:

Register for our free live webinar today!

Navigating the End-of-Year Shutdown: Essential Tips for Your Business

12:00pm AEDT
Tuesday 10th December 2024

By clicking on 'Register for webinar' you are agreeing to the Lawpath Terms & Conditions

You may also like

An award wage is a legally mandated minimum pay rate that applies to employees covered by a specific modern award, which is a type of industrial instrument. This article will cover everything you need to know about award wages.
A deed of release is important as it ensures both parties are fully aware of the agreements and terms of a settlement. This article will cover everything you need to know about release deeds.
The Sale of Goods Act (NSW) and the Australian Consumer Law (ACL) are key pieces of legislation that govern the buying and selling of goods in Australia. This article will cover everything you need to know about both.

Thank you!

Your registration is confirmed. Keep an eye on your inbox for an email with details on how to watch the webinar.