LANDMARK DECISION REGARDING ILLEGAL MOVIE DOWNLOADS IN AUSTRALIA

LANDMARK DECISION REGARDING ILLEGAL MOVIE DOWNLOADS IN AUSTRALIA

Justice Nye Perram of the Federal Court has today handed down a decision in the case of Dallas Buyers Club LLC And Voltage Pictures LLC v iinet Limited, Internode Pty Ltd, Amnet Broadband Pty Ltd, Dodo Services Pty Ltd, Adam Internet Pty Ltd And Wideband Networks Pty Ltd which could have a significant impact on approximately 4700 Australian citizens, and could halt future copyright breaches in the form of illegal movie downloads.

Justice Perram has ruled that Australian internet service provider iinet, together with Dodo, Internode, Amnet Broadband and Adam Internet (the ‘ISP’s’) will each have to disclose the names, contact details (including email and residential addresses) and IP addresses of some 4700 customers who are alleged to have breached copyright laws by illegally downloading and sharing the Hollywood blockbuster movie the Dallas Buyers Club.

The ISP’s have 28 days within which to appeal Justice Perram’s decision, failing which the Dallas Buyers Club will then have the ability to write directly to those customers they believe are involved to seek compensation/ damages. 

However, Justice Perram has included a caveat on his ruling to ensure that any correspondence proposed to be sent to consumers must be approved by him prior to being sent.  This caveat will likely reduce excessive demands being made by the Dallas Buyers Club and more than likely result in less than hefty fines being imposed.  Rather, it is believed that this case will set a precedent and be used as a strong warning to consumers that the days of anonymously downloading movies illegally are over.

If you receive a letter in respect of this matter, or a similar matter, it is important that you seek legal advice before taking any further steps.  Our friendly and experienced Gold Coast Lawyers are here to assist you, so please feel free to telephone us on 07 5563 8970 to arrange a consultation today.