Hollywood given two months to get real about the price of piracy

Australia's Federal Court has told Big Content to stop pfaffing around and make reasonable demands of those accused of illegally downloading The Dallas Buyers Club (DBC).

The case has seen Voltage Pictures, the film's owners, take on a clutch of Australian internet service providers (ISPs) whose subscribers it alleges torrented the triple Oscar-winner.

Australia's Federal Court has not been kind to the plaintiffs, allowing them access to the contact details of alleged infringers but only after payment of an AU$600,000 deposit. The court wants that deposit because it fears Voltage will send alleged pirates a colossal bill. Justice Nye Perram has previously ruled that Voltage's preference for Bit-torrent-using pirates to pay punitive damages and the kind of licence fee a distributor would hand over is just silly. The judge prefers infringers to pay more or less the cost of purchasing the film, perhaps with some extra kicked in to cover Voltage's expenses chasing them down.

Hence the big deposit: if Voltage breaches the court order, Perram reckons losing $600k would wipe out any profits it might recoup.

Voltage has since returned to the Federal Court with a new proposal to contact only the alleged infringers who are also customers of Australian ISP iiNet. Because those folks are only about ten per cent of the total of possible pirates, it tried to apply for a corresponding reduction in the deposit. The company also re-states its argument that it wants infringers to pay for a worldwide distribution licence.

Perram's new judgement is having none of that, not least because Voltage and DBC have tried to revisit decisions of law he made in previous judgements. The Justice knocked down arguments based on recent precedents as inapplicable in this case.

The judgement is also harsh on the plaintiffs for still not coming up with a figure it wants infringers to pay, if torrenting the pic means they can be held liable for a global distribution licence. DBC and Voltage asked for the case to be adjourned while they figured that out. Perram declined to do so, saying the case had run long enough and that the plaintiffs really should have some idea of the sums they want by now.

The orders made in Perram's last judgement therefore stand: DBC and Voltage have to cough $600k before mailing any alleged pirates.

Perram's now given DBC and Voltage a deadline: file something new by February 11, or the case is closed.

The hints about coming up with a figure for a global licence mean the film's owners know what they have to do. Given the case's long history, your correspondent is willing to suggest , some lawyers's summer holiday plans just took a hit and this one will be back before the bench before Perram's deadline. ®