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iiNet Loses Dallas Buyers Club Case, Forced to Hand-over User Data

Posted: April 8th, 2015 | Author: | Filed under: UPDATED! | Tags: , , , , , , | Comments Off on iiNet Loses Dallas Buyers Club Case, Forced to Hand-over User Data

iiNet to Fight Dallas Buyers Club Piracy ClaimInternet providers must hand over contact details of Australian customers accused of illegally downloading The Dallas Buyers Club, the Federal Court has ruled.

The landmark piracy and privacy case was lodged by Dallas Buyers Club LLC, the company that owns the rights to the 2013 Hollywood blockbuster.

It wanted a group of internet service providers (ISPs), including iiNet, to hand over contact details of Australian customers accused of illegally downloading the movie.

The ISPs argued it was a breach of privacy and that the company intends to use a practice known as “speculative invoicing”.

Justice Nye Perram ordered the ISPs had to hand the contact details over, but said the details could not be made public and any letter sent to the customers had to be vetted by him.

Dallas Buyers Club LLC claimed it had identified 4,726 Australian IP addresses where the movie was illegally downloaded UPDATED!  ::::

“They are to submit to me a draft of any letter they propose to send to account holders associated with the IP addresses which have been identified,” Justice Perram said.

Justice Perram highlighted the “need to provide deterrence” against file sharing.

“It is not beyond the realm of possibilities that damages of a sufficient size may be awarded,” he said.

The ISPs had argued that the value of each copy of the film was less than $10 and it was “simply not plausible to think that the applicants would seek to recover such sums”.

Outside court Dallas Buyers Club LLC’s lawyer Michael Bradley said it was a step towards stamping out illegal downloads.

“Australia is one of the jurisdictions with the highest rate of unauthorised downloading and this is a first step from a copyright owner to try to change that balance,” he said.

The case has been listed in the Federal Court for further orders to be made on April 21.

iiNet lauds judgement in Dallas Buyers Club court stoush

UPDATE! 14 August 2015 :: Internet service provider iiNet has lauded a Federal Court decision which has put on hold an attempt by the rights holders of Dallas Buyers Club to contact alleged illicit downloaders of the 2013 movie in order to attempt to reach a financial settlement with them.

iiNet was one of the ISPs from which the rights holders sought to obtain customer details.

Earlier this year Justice Perram granted an application for preliminary discovery by Dallas Buyers Club LLC.

However the judge this morning declined to lift a stay on the order, indicating he was not convinced that DBC would refrain from so-called ‘speculative invoicing’ of alleged illicit downloaders :: Read the Full Update @Computerworld »»»»

RELATED! iiNet to Fight Dallas Buyers Club Piracy Claim

iiNet to Fight Dallas Buyers Club Piracy ClaimAustralian internet users who download films illegally via torrent sites could face claims of thousands of dollars if a Hollywood film company gets its way in the Federal Court.

The makers of the 2013 Oscar-winning hit Dallas Buyers Club have launched a legal bid to force a handful of Australian internet companies to hand over details of customers who have illegally downloaded the film.

The company that owns the rights to the film initiated legal action in the Federal Court and named the internet service provider iiNet and several smaller ISPs as respondents.

The move is the latest in a longstanding campaign by entertainment companies to reduce piracy and stem the damage it causes to the multi-billion dollar industry. iiNet, one of Australia’s largest providers of ADSL connections, said it would fight the legal action :: Read the full article »»»»

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RELATED! Game of Thrones Sets Piracy Record

Game of Thrones Sets Piracy RecordA record number of Game of Thrones downloads this week shows industry moves alone will not curb piracy, according to the Australian Home Entertainment Distributors Association – AHEDA – head.

In a new agreement between the home entertainment industry and film exhibitors, movies will now be released for legal download or on DVD 90 days after screening in cinemas rather than 120 days.

AHEDA CEO Simon Bush said the industry was trying to make content available sooner to prevent Australians illegally downloading.

“I think it’s a positive step, I think it’s welcomed by content owners, we want to get our content out to consumers on any platform they choose to view it and we want to get it to them as early as we can,” Mr Bush said.

But Mr Bush said while the industry was doing the best it could to make it easy for consumers to access content, it would not be enough for everyone.

“At the end of the day, you can’t compete with free… and where there are legitimate and cost-effective and instant access to content, some people will still aim for the free option.”

File-sharing website TorrentFreak reported Game of Thrones set a new record for illegal downloads this week, with about 1.5 million file sharers downloading a pirated copy of the season four finale of the show in the 12 hours after it was released in the US.

Australia was one of the main download locations for the program, along with the US, the UK and Canada. Game of Thrones was available at a premium for Foxtel subscribers hours after the program aired in the US. Fans could legally download the full season on Google Play a day later for $2.99 an episode :: Read the full article »»»»

RELATED! Malware Bundled in Popular µTorrent WILL Destroy Your Computer

Malware bundled into µTorrent could destroy your laptopAccording to those in the know – Motherboard – you shouldn’t hesitate, UNINSTALL µTorrent NOW!

More than 100 million users of the trusted torrent platform are at serious risk of having their laptops and PCs literally destroyed. T

Bundled with the latest install of the free software is a program called Epic Scale leeching your laptop’s resources in secret.

Epic Scale is a currency miner that generates revenue for its creators, though it publicly sells itself on being a completely philanthropic venture :: Read the full article »»»»

RELATED! Tech-giants Scramble to Fix ‘Freak’

Get Your Freak OnAs Google, Apple and Microsoft scramble to patch a long missed security flaw it might be timely to remember how we got here. Way back at the latter end of the last century – the 1990s, when Netscape browser was all the rage and – SSL (Secure Socket Layer) encryption was brand-spanking-new, the U.S. government wanted control over export of “weapons grade” encryption.

Its theory was that domestic communications could benefit from stronger, 128-bit encryption, but ‘backdoors’ should be available to U.S. intelligence and law enforcement when it came to foreign communications, the concept of weaker, “export grade” encryption was born.

Turns out that this theory and it’s legacy backdoor, a vulnerability that we’ve come to know in recent days as ‘FREAK’ still exists in up to 30 percent of U.S. web servers. It’s a sad example of how zombie-security from the era that gave us grunge can come back and bite us on the posterior.

Meanwhile, Apple and Google are saying they’ve developed fixes/patches – though we note Apple has yet to deploy –  to mitigate the ‘Freak’ security flaw. Initially thought to be immune, Microsoft released an advisory which warned hundreds of millions of Windows PC users are also vulnerable to the security vulnerability :: Read the full article »»»»

RELATED! Aussie Telco Fined For Privacy Breach

Telstra, Australia's Largest Telco Fined For Privacy BreachAustralia’s largest telecomunications company ‘Telstra’ has been fined $10,200 and warned about privacy after a data breach saw the information of more than 15,000 customers made available online.

Last year a Fairfax journalist discovered that the telco had published the names, phone numbers and addresses of customers. The journalist alerted the telco to the breach, and also informed the – OAIC – Office of the Australian Information Commissioner.

The OAIC launched a year-long investigation with the Australian Communications and Media Authority – ACMA – and the agencies have now handed down their reports.

They have found Telstra made the information of 15,775 customers available for 15 months during 2012 and 2013. The information included more than 1,257 customers with silent line numbers, and related to customer data from 2009 and earlier. There were at least 166 unique downloads of the records ::Read the full article »»»»

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source: iinet/blog/computerworld
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