There was no happy ending this time for the big movie studios, which lost their epic copyright battle with iiNet. We are very disappointed in the outcome in the court today. And we report this These days, a lot of that illegal downloading is done, using the peer-to-peer file-sharing system known as BitTorrent.
Film industry to appeal iiNet case. The film industry has today filed an appeal to contest the NSW Federal Court's ruling earlier this month in favour of Australian internet service provider iiNet. Internet 'Dallas Buyers Club' wins access to pirates' information in iiNet case. The Federal Court of Australia has handed down its judgement in a landmark piracy case between the makers of Oscar. The delivery of a verdict in the ongoing saga of iiNet vs AFACT has sparked an influx of comments on articles and forums across the web. Here we take a look at some of the top posts.
Internet 'Dallas Buyers Club' wins access to pirates' information in iiNet case The Federal Court of Australia has handed down its judgement in a landmark piracy case between the makers of Oscar-winning film "Dallas Buyers Club" and one of Australia's largest service providers, iiNet.
Pinnacle Films The Federal Court of Australia has ordered Australian internet service provider iiNet to hand over details of customers alleged to have pirated the film "Dallas Buyers Club" through torrenting software, in a landmark case for the regulation of piracy in Australia.
After a long-running legal battle over "preliminary discovery" of internet users' personal information, Justice Perram found in favour of Dallas Buyers Club LLC, agreeing that the rights holders should be able to obtain customer information matching the IP addresses of users torrenting the Oscar-winning film.
However, in handing down his judgement that preliminary discovery should be granted, Justice Perram said "there should be orders maintaining the privacy of the [customer] information provided.
The news comes at a busy time in Australian copyright reform, just two months after Australian ISPs and content rights holders released a draft industry code for tackling piracy across the country.
The code, which was developed at the request of the Federal Governmentoutlined a three-strikes policy requiring ISPs to send escalating copyright Iinet case decision notices to their customers at the request of rights holders.
Australia's Attorney-General George Brandis also introduced new site-blocking legislation to Federal Parliament in March as part of a piracy crackdown.
If passed, the laws would allow rights holders to seek a court injunction requiring ISPs to block overseas websites that are deemed to "facilitate" piracy. Today's news is a big win for Dallas Buyers Club LLC, the company behind the film, as well as rights holders seeking to crack down on individual internet users caught pirating content online.
While iiNet had long fought to keep its customer details under lock and key, the ISP will now be forced to hand over its customer information, potentially opening the door for individuals to face further legal action.
The legal battle so far As part of its "preliminary discovery" case, Dallas Buyers Club LLC applied to the Federal Court to obtain the personal details of customers linked to 4, IP addresses that allegedly participated in torrent swarms -- a group of users all participating in the sharing of a file.
In response to the initial legal actioniiNet said it "would never disclose customer details to a third party, such as movie studio, unless ordered to do so by a court" and would fight the preliminary discovery attempts. A large part of the case hinged on evidence provided by DBC's expert witnesses, which the rights holder said proved that iiNet users were sharing the film online.
According to an affidavit signed by expert witness and MaverickEye employee Daniel Macek, the software "mimics a user willing to act as a source of data," though "no actual transfer takes place. However, during cross-examination, counsel for iiNet pointed out that MaverickEye did not target those who only downloaded the film known as torrent "leechers" and only detected a "sliver" of the downloaded file rather than a full copy of the film.
Further, iiNet said there was no proof that MaverickEye's processes were "being done in a scientific and accurate way. A witness from Voltage Pictures, the company that claims copyright over "Dallas Buyers Club," said the company employed "no scare tactics" in sending infringement notices to internet users and that news stories about the company going after vulnerable people in court would "ruin" Voltage.
In and out of court However, Dallas Buyers Club is no stranger to the courts. Similarly, it's not the first time iiNet has been targeted by rights holders, with a landmark case against Village Roadshow ultimately coming down in favour of the ISP.
In34 film studios including Village Roadshow, Warner Bros and Universal, began legal proceedings against iiNet saying it failed to take reasonable steps to prevent its customers from pirating the studios' films.
The case was dismissed inwith the presiding judge ruling that "the mere provision of access to the internet is not an authorisation of infringement.
The response to the judgement Counsel for Dallas Buyers Club has welcomed today's decision. Michael Bradley, managing partner at Marque Lawyers and instructing solicitor on the case, also welcomed the judge's decision to review the content and form of any letters or notices that Dallas Buyers Club sends to alleged copyright infringers, saying this oversight "should overcome anyone's concerns".
He also noted that it was "really not very exceptional" that a private company should be able to gain access to personal information of more than 4, individual internet users. Without setting a figure for damages, Bradley said a court could take several factors into account when setting the figure, including economic losses, "flagrancy, volume and frequency of infringement [and] prior conduct" of the infringer.
However, he said claims Dallas Buyers Club would make similar claims to those pursued overseas were merely "speculation". For its part, iiNet also welcomed the "positive result", saying the legal process had shed light on the practices of some rights holders in targeting individuals with threatening letters to demand damages for piracy -- a process known as "speculative invoicing".
As a result, the ruling will put a major dent in the process and business case behind speculative invoicing, since the financial returns could be outweighed by the costs of legal action.
Included comments from Dallas Buyers Club's lawyers. Update, April 8 at Included comments from iiNet.The giants of the film industry have lost their case against ISP iiNet in a landmark judgment handed down in the Federal Court today.
The decision had the potential to impact internet users and. iiNet wins landmark High Court case 23 Apr Intellectual property; On Friday, the High Court handed down its keenly anticipated decision in the long running case between iiNet Limited (an internet service provider) and a consortium of Australian and international film and television studios (known as AFACT).
iiNet did not have any. iiNet & AFACT - copyright case. Those keeping track of the landmark copyright case between iiNet and film & television industry organisations will know the case has ended up in the High Court of Australia. The studios appealed that decision to the Full Bench of the Federal Court.
The appeals court also found in favour of iiNet; deeming we. In early February, AFACT, representing several Hollywood movie studios, lost its case against Aussie ISP iiNet after a judge ruled the ISP was not responsible for the infringements of its subscribers. The giants of the film industry have lost their case against ISP iiNet in a landmark judgment handed down in the Federal Court today.
The decision had the potential to impact internet users and. The case navigated several layers of the Australian court system, with iiNet winning the initial ruling and all subsequent appeals, before finally ending up in front the High Court in December.