Australian ISP Offers Pro-bono Legal Advice To Accused Pirates
New submitter thegarbz writes: As covered previously, after losing a legal battle against Dallas Buyers Club and Voltage Pictures the Federal Court of Australia asked ISP iiNet to hand over details of customers allegedly downloading the movie The Dallas Buyers Club. iiNet has now taken the unprecedented move to offer pro-bono legal advice to all of its customers targeted over piracy claims. "It is important to remember that the Court's findings in this case do not mean that DBC and Voltage's allegations of copyright infringement have been proven," Ben Jenkins, financial controller for iiNet wrote. Also, as part of the ruling the court will review all correspondence sent to alleged copyright infringers in hopes to prevent the practice of speculative invoicing. Unless it can be proven exactly how much and and with how many people a film was shared the maximum damages could also be limited to the lost revenue by the studio, which currently stands at $10AU ($7.90US) based on iTunes pricing.
I don't think it is pro-bono if you're providing it to paying customers. If anything this should become the norm, similar to the way an insurance company has lawyers to aid in handling automobile accidents.
Although the copyright holders can send out threatening letters here in Canada, they're not allowed to collect the thousands of dollars that they do for "infringement" in the US. They're only allowed to collect *actual* damages.
So if you're a "leech" and just download without sharing later, they can only claim the loss of one copy. If you shut off your torrent after uploading to a 1:1 ratio, they can only claim loss of one copy.
It really takes the wind out of their sails and their idle threats if you know that fact and can respond to them appropriately. Their claims that you could be subject to "thousands" of dollars of damages is absolute BULLSHIT under Canadian law.
I do not fail; I succeed at finding out what does not work.