Read The Times Australia

Daily Bulletin

Court dismisses the Dallas Buyers Club latest copyright claim as 'not Ben-Hur'

  • Written by: The Conversation Contributor
image

The Dallas Buyers Club LLC v iiNet case appears to have come to an interesting junction yesterday when Justice Nye Perram moved to dismiss the case “in its entirety”.

Justice Perram had already said in August that DBC’s contention was “surreal”. This week he added:

[…] it needs to be kept in mind that what is before the Court is a preliminary discovery application, not Ben-Hur.

Dallas Buyers Club, staring Matthew McConaughey, Jared Leto and Jennifer Garner, made A$2,761,258 at the Australian box office and was ranked 75th overall for 2014. But the maker, Voltage Pictures, is arguing that many Australians watched the movie after illegally downloading it via the internet.

Before the court

This is a case many Australians became aware of in April of this year when the same judge ruled in favour for DBC to gain “access to the private details of the 4,726 iiNet account holders”. Each had allegedly had their IP address registered for the downloading and/or sharing of the Dallas Buyer Club film.

Justice Perram said he didn’t want DBC LLC to use the “speculative invoice” approach used in other countries, where the studio sends a letter demanding a large sum to the downloader in the hope they will pay up rather than contest the figure. To prevent this a bond of A$600,000 was set. But it was still unclear how much DBC LLC intended to make the alleged pirates pay.

In September DBC LLC asked to only gain access to 472 names, 10% of the original request, in exchange of paying only 10% of the original bond.

DBC LLC intended to gain damages for the following:

  • The cost of a single copy of the film had it been authentically downloaded
  • a claim for an amount based on each person who had accessed the uploaded film
  • a claim for punitive damages depending on how many copies of non-DBC copyrighted works had been downloaded by each infringer
  • a claim for damages relating to the costs of obtaining to user’s details.

The latest claim by DBC LLC said it would only ask for the cost of an individual license fee in addition to its court costs. Each person would also receive a claim for the same amount, rather than the previous approach that the amount would be reflective of the individuals income.

But yesterday Perram made it very clear he was not content with the progress by DBC LLC and said “some finality must now be brought to these proceedings”. He added:

What I will do is make a self-executing order which will terminate the proceedings on Thursday 11 February 2016 at noon, unless DBC takes some step before then.

This could result in the entire case ending with no resolution other than an expensive exercise for DBC LLC.

Final act

But does this case really matter and has it had any real impact?

Since the proceedings commenced in April, the media landscape, government policy and piracy levels in Australia have changed.

While Australians have been seen as the leaders in piracy, a more recent report by the Intellectual Property Awareness Foundation (IPAF) has shown a decline in piracy by Australians. Although the DBC case was noted as a contributor in the decline in piracy.

This year there have also been changes made to copyright policy by the Australian government. The Copyright Amendment (Online Infringement) Bill 2015, while arguably the wrong approach, gives the film studios an alternative to a lengthy drawn out case like that of DBC LLC. The approach is intended to block access to the websites sharing the illegal content, rather than the individuals downloading the content.

But it could be that both the DBC case and the copyright policy have come too late for most Australians. As many have already changed their approach to illegal downloading.

This year the biggest change has come with the introduction of video on demand services (VoD). The uptake of such services, in particular Netflix, has been much greater than had been expected. A recent report by Australian Communications and Media Authority (ACMA) revealed that “53 percent of Australians used online video services in the six months to June 2015”.

The uptake of VoD services has contributed to a decrease in piracy due to Australians now having access to media content at a lower price point, previously not available. Access was one of the major arguments put forward previously by Australians for their pirating habits.

If the DBC case is to conclude with no real outcome, what message does this send to those Australians still illegally downloading? What will the approach of the copyright holders be in the future to tackle the illegal downloading of their content?

We could see another test case by another studio, maybe this time with a higher ranking box office film. It would be interesting to see Disney’s reaction if the new Star Wars movie, The Force Awakens, was the focus of any illegal downloading. What would be their approach and how would it differ to DBC LLC?

The DBC case has clearly shown the complexities of such a case and the difficulties that any studio will face in Australia when making attempts to tackle piracy when chasing individuals.

Piracy in Australia and the DBC case, as the judge rightly says, are not as big as as Ben-Hur, and there are clearly already positive moves toward piracy’s decrease in Australia that have occurred this year.

But what will be the next move by DBC LLC now that they have already started the lengthy legal battle? We’ll have to wait until noon on February 11 to find out.

Authors: The Conversation Contributor

Read more http://theconversation.com/court-dismisses-the-dallas-buyers-club-latest-copyright-claim-as-not-ben-hur-52442

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

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

The Daily Magazine

What to Consider When Choosing Duct Cleaning Melbourne Services

When property owners search for Duct Cleaning Melbourne services, the first consideration should b...

Why Does a Toothache Suddenly Turn Constant?

For weeks the tooth only complained now and then. A twinge with ice cream, a brief ache after a swee...

Best Jewellers in Brisbane to Discover for Custom Engagement Rings

Choosing a jeweller for a custom engagement ring is an important decision. The process involves mo...

How fast can you charge an EV at home? Charger speeds explained

Ask new EV owners what worried them before buying and charging time comes up early. A petrol tank fi...

Crossing Several European Borders? How to Keep Your Phone Working the Whole Trip

A multi-country trip through Europe can cross three borders in a day. Take the coach from Split to...

Behind the Scenes: How Medicines Stay Safe Before They Reach Your Pharmacy

You pick up a prescription, glance at the label and pop the box in your bag without a second thought...

How Local Organisations Can Get Their Story Told in the Media

The local junior footy club raises enough money to send a team interstate. A community garden double...

Understanding the Compassionate Flexibility Built Into Religious Fasting Traditions

You've probably been aware of religious fasting as part of the cultural landscape, whether through...

The Rise of Australian-Made Spirits and What It Means for Local Drinkers

Not so long ago, ordering a local gin at the pub would earn you a blank look. Bottle shop shelves we...