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 Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

Portable Toilet Hygiene Standards Explained: Clean vs Sanitised vs Disinfected

In portable toilet servicing, the words clean, sanitised, and disinfected often get used as if they mean the same thing. They don’t. And that difference matters because a unit can look tidy and still ...

Daily Bulletin - avatar Daily Bulletin

Options Available When a Company Faces Financial Distress

Financial distress can develop gradually or arrive suddenly, and when it does, the decisions made in the early stages often determine what options remain available later. Directors who act promptly ...

Daily Bulletin - avatar Daily Bulletin

What Healthcare Teams Look for When Choosing Specialist Surgical Supplies

In clinical environments, small details rarely stay small. A delayed instrument, a poorly matched device or inconsistent supply quality can affect theatre flow, staff confidence and patient outcomes. ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...

Why Pre-Purchase Building Inspections Are Essential Before Buying a Home in Australia

source Have you ever walked through an open home and started picturing your furniture, family d...

5 Signs Your Car Needs Immediate Attention Before It Breaks Down

Car problems rarely appear without warning. In most cases, your vehicle gives clear signals before...

Ensuring Safety and Efficiency with Professional Electrical Solutions

For businesses in Newcastle, a safe and fully functioning workplace remains a key part of day-to-d...

Choosing The Right Bin Hire Solution For Hassle-Free Waste Management

When it comes to managing waste efficiently, finding the right solution can save both time and eff...

Why Cleanliness Is Critical In Childcare Environments

Children explore the world with curiosity, often touching surfaces, sharing toys, and interacting ...