Read The Times Australia

Daily Bulletin

Judge blocks Voltage Pictures from sending dead cats to Dallas Buyers Club downloaders

  • Written by: The Conversation
imageNo you will not send the lettersCC BY-NC-SA

In a spectacular setback for Voltage Pictures and Dallas Buyers Club LLC, Justice Nye Perram today denied them permission to send letters to people they were accusing of having downloaded the movie Dallas Buyers Club illegaly.

At a previous court hearing, Justice Perram had required that the Dallas Buyers Club present the letters that were going to be sent to the 4,726 alleged downloaders, along with any scripts that they were going to use in telephone conversations following up from those letters.

Justice Perram was not able to reveal the contents of the letters that were presented to him but said that they were based on making four possible claims when assessing the total amount:

  1. The cost of the actual purchase of the film rather than a rental price
  2. A license fee for the “distribution” of the film from people who had uploaded it to others
  3. Additional damages for how many other movies and TV programmes the downloaders had downloaded in addition to Dallas Buyers Club
  4. The costs of gaining access to the downloader’s details from the ISPs

Whilst Justice Perram agreed that the Dallas Buyers Club potentially could claim for points [1] and [4], he did not agree that they would be able to ask for the cost of a distribution license or for damages for other copyrighted content that had nothing to do with the movie in question.

Perram was basically acting to ensure that Dallas Buyers Club were actually going to specify what they wanted the accused downloaders to pay and not engage in “speculative invoicing”, the practice of presenting the possibility of a larger fine in the hope that they can coerce a much higher agreed settlement. As Perram said in the ruling:

“the Court was not going to open the sluice gates until it saw the proposed correspondence and until DBC satisfied the Court that it was that approved correspondence, and not something else, such as a dead cat, that DBC was going to send to account holders.”

Perram left the door open for the Dallas Buyers Club to modify the letter they were going to send to the downloaders based on only asking for compensation for the purchase of the film and the costs of gaining access to the downloader’s details. He added however that because the claimants had no presence in Australia, they would have to lodge a bond of $600,000 with the court to ensure that they didn’t subsequently add anything else in the letter.

He went further to also rule that if Dallas Buyers Club chose to take an individual to court, they would need to do it in his court and not in the Federal Circuit Court.

The potential accused people in this case should be sending letters of thanks to Justice Perram and to the lawyers of the ISPs for stopping a practice which would have opened the floodgates for predatory companies seeking to make money from consumers under the guise of the law. If Dallas Buyers Club had simply issued fined that compensated them for the cost of the movie and for administration, not only would they have succeeded but actually a large number of people would have likely paid.

But that wasn’t what Voltage Pictures wanted to achieve because this was a money making exercise for them and the lawyers involved.

The case hasn’t resolved a set of questions that surround the nature of copyright infringement through the use of BitTorrent. It is still not clear that courts would be able to make a realistic determination of the full impact of uploading parts of a movie rather than the whole. Any judgement in this case would have to be based on the actual quantity of the file that was uploaded and then a cost associated with that rather than the basing it on the number of people who received a portion of the file.

It is unlikely that this will be the last we have heard from Voltage pictures but the bar has now been set very much higher for people who want to use the courts to make significant amounts of money using speculative invoicing in Australia.

Authors: The Conversation

Read more http://theconversation.com/judge-blocks-voltage-pictures-from-sending-dead-cats-to-dallas-buyers-club-downloaders-46138

Business News

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How AEC Firms Can Scale Faster Without Sacrificing Project Quality

Growth presents a fundamental dilemma for architecture, engineering, and construction firms: expan...

What Makes an Aesthetic Clinic Worth Going Back To?

Trying an aesthetic clinic for the first time can feel like a bit of a gamble. You can read review...

Elevate Your Morning Routine with Cafe-Style Coffee at Home with the Right Coffee Machine

There's something magical about that first sip of coffee in the morning. It’s more than just a bev...

Top Garment Steamers for Busy Professionals in Australia

The gap between garment steamers built for a quick touch-up and ones built to keep pace with a wor...

Correct Sleeping Posture to Minimize Back Strain

Most people don’t pay much attention to how they sleep until they start waking up with a stiff bac...

Why Product Longevity Matters for Sustainable Australian Buildings

Sustainability in building design is often associated with recycled materials, renewable resources a...

NDIS Support Coordination Explained: What Does a Support Coordinator Actually Do?

NDIS support coordination explained means understanding how a professional can help participants n...

When Should You Speak with Divorce Lawyers in Sydney?

Divorce involves more than completing an online application. It can affect parenting arrangements, p...

How to Choose a Reliable Hot Water System Installer on the Gold Coast

Choosing a reliable installer is just as important as choosing the right hot water system. A qualifi...