Chill, That ‘Dallas Buyers Club’ Pirating Letter You Expected Ain’t Coming

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Published

December 16, 2015

After a drawn-out, convoluted and, let’s admit it, somewhat terrifying court case, Australian Federal Court Justice Nye Perram has officially dismissed Voltage Pictures’ latest attempt to access the details of internet users it claims were involved in pirating the 2013’s Dallas Buyers Club.

It’s over. Well, barring an very unlikely, hail-Mary appeal by the film’s holding company.

So, how did we get here?

You’ll probably recall those draft letters the film’s owners were planning to send out to suspected downloaders. Well, Justice Perram & Co. put a hold on them being sent out earlier this year, right after the court found the letters left the company basically open to request whatever they wanted in damages; doing so falls under claiming “speculative damages” and making “untenable claims”, which are big legal no-nos. Strike One against DBC/Voltage.

The company appealed after amending the letters, and they were still asking for access to the contact details of over 4,700 people who had supposedly used iiNet, Internode, Adam and other ISPs to download the film. Justice Perram said they could get those deets – if they paid a $600k bond, effectively making the letters financially unviable for the company. Strike Two.

And now?

Well, in September, Voltage doubled down, asking the court one more time for access to around 400 names in exchange for just $60k. Today, Justice Perram knocked that request down too. Unless the company launches another costly appeal process – or, if they decide to bite the bullet and drop that $600k bond to get what they can from the alleged pirates – the entire case will be automatically canned on February 11.

Strike Three. Probably.

If things remain as they are, it’ll be a big win for the rights of ISPs to protect the privacy of their clients from copyright claims – and you might finally be able to stop compulsively checking your mailbox.