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Australian Courts Make Life Hard For Dallas Buyers Club Copyright Owner

Posted by Soulskill on from the operate-in-good-faith-or-get-smacked dept.

New submitter Harlequin80 writes: There has been a significant update in the landmark case between the Dallas Buyers Club (DBC) and iiNet, an ISP in Australia, where DBC has been trying to blaze new trails in obtaining downloaders' personal details. DBC had previously won the right to access subscribers' contact details, for the purposes of sending a letter, subject to the judge reviewing the form letter. El Reg is now reporting that the case Judge has reviewed the form letters proposed by DBC, and felt that they were too close to speculative invoicing. As a result, he has struck down two of their four claims and, because he feels they are not likely to operate in good faith, mandated a $600,000 bond from DBC if they want to send any letters at all. The price has been set so high so that DBC can't expect to make any money on the claims if they break the court's rules. While not an end to the matter it will make life very hard for DBC going forward.

4 of 25 comments (clear)

  1. *shrugs* by KGIII · · Score: 4, Insightful

    You say that it like it is a bad thing... I disagree. I think it is a good thing. I think it is high time that they change copyright simply because they can not actually protect it like they used to. For much the same reason we should change drug laws. We can not stop it and, in some cases, the laws that are trying to stop it is doing more harm than good.

    Meh... At least the judge looks smart in this case.

    --
    "So long and thanks for all the fish."
  2. That's the point of a bond by GrumpySteen · · Score: 5, Insightful

    The price has been set so high so that DBC can't expect to make any money on the claims if they break the court's rules.

    The whole point of a setting a bond is to remove any financial incentive a company would have for breaking the rules. If it was set it so low that the company would still make money by breaking the rules and paying the fine, then setting the bond would be pointless.

    1. Re:That's the point of a bond by Fire_Wraith · · Score: 5, Insightful

      It's sort of sad to have this actually be shocking since it's out of the norm.

      Far too often the financial penalties placed or threatened against companies are nowhere near what it would take to actually deter a corporation from taking action anyway, and so they're inclined to just write it off as a business cost - or at least it seems that way (anecdotally) to me.

  3. Ironic, considering the movie plot by swb · · Score: 5, Insightful

    ...about a guy frustrated with bureaucracy, restrictions, etc on obtaining AIDS drugs who basically becomes his own AIDS drug dispensary.