Dallas Buyers Club Decision: Update

This week, we bring our readers the latest update on the Dallas Buyers Club decision.

In case you missed our last blog on this topic, the Australian Federal Court has ordered the release of IP addresses of the individuals who downloaded the Dallas Buyers Club film from a torrent site. The matter involves 4,726 internet subscribers who are customers of iiNet and its subsidiaries. Read more in our original blog here.

iiNet has been required to provide the Court with a draft letter of demand that will be sent to those subscribers who are alleged to have infringed copyright.  The Court will deliberate on the draft letter on May 21, 2015. The draft letter is confidential and will not be released for public view.  Anyone who illegally downloaded the film can expect to receive the letter after the Court has considered it.

There has been much discussion about the consequences that the individuals involved can expect for infringing copyright. Currently, Australia does not have a minimum compensation amount stipulated by statute, as is the case in the US. Because of this, some commentators have suggested that an Australian Court might merely impose damages in the form of the cost of legally purchasing the film upon consumers—around the $20.00 mark.

The decision sends a message to Australians illegally downloading that the laws are set to get tougher on internet pirates.  After the decision to release the details of involved individuals, the primary Australian telecommunications industry body, Communications Alliance promptly submitted the final version of its copyright notification scheme for approval.  The proposal involves telcos and copyright owners working together to track down internet pirates.  The scheme uses a ‘three strike’ warning system - after an individual receives three strikes within 12 months, telecommunication provides would help copyright owners identify the individual for legal action.

This is a new area of the law which we expect to see developing further this year. We will keep our readers posted on the outcomes.

What Should I Do Next?

Contact us if you would like further legal advice on copyright laws or any other issues.  Our lawyers at You Legal will be happy to assist you in whatever way we can.

* This blog is for general guidance only. Legal advice should be sought before taking action in relation to any specific issues.