Australian Internet providers must hand over customer details, court rules. - Polidicks

[quote] [b]Internet providers must hand over contact details of Australian customers accused of illegally downloading The Dallas Buyers Club, the Federal Court has ruled.[/b] 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. "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," he 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. [/quote] [url]http://www.abc.net.au/news/2015-04-07/dallas-buyers-club-isps-must-hand-over-customer-details/6375358[/url]

[quote]"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," he said.[/quote] So now ISPs - private entities - can't even communicate with their customers without having federal interference? Basically, they are stripping away speech rights and private ownership in favour of government regulation of non-federal industry. Nice.

[QUOTE=code_gs;47472774]So now ISPs - private entities - can't even communicate with their customers without having federal interference? Basically, they are stripping away speech rights and private ownership in favour of government regulation of non-federal industry. Nice.[/QUOTE] The company is trying to bully people into giving them money to avoid a piracy "lawsuit" that will never materialize. It's nothing but a shakedown. The judge in the case SHOULD be looking over the shakedown notices they're gonna be sending out. Also, it's the judge in the case [I]they filed[/I], not some government goon trying to impose new regulation. Even though they definitely should ban this bullshit. Anyway, welcome to the piracy extortion letter club, Australia. Start googling for VPNs. Just kidding. You all have American VPNs to access Netflix already.

this is some dystopian shit, or at least leading into it

[QUOTE=Used Car Salesman;47472803] Just kidding. You all have American VPNs to access Netflix already.[/QUOTE] [vid]http://www.7proxies.pw/a/qct6[/vid] [img]http://sae.tweek.us/media/emoticons/emot-downswords.gif[/img]

telstra won't. they're gonna say 'make us' and since they basically own all the internet cables in australia nobody can force them to do much of anything they don't want to.

To court summons over 4000 people is fucking retarded, I doubt iiNet will move and release their customers IP's because they've always stood up for consumers rights

Do we have the name of ISPs doing this? [editline]7th April 2015[/editline] Is Telstra and Internode?

[QUOTE=Xonax;47473469]Do we have the name of ISPs doing this? [editline]7th April 2015[/editline] Is Telstra and Internode?[/QUOTE] [QUOTE]In addition to iiNet, ISPs Dodo, Internode, Amnet Broadband, Adam Internet and Wideband Networks will also be required to hand over customer details.[/QUOTE] [url]http://www.smh.com.au/digital-life/digital-life-news/dallas-buyers-club-slays-iinet-in-landmark-piracy-case-20150407-1mey38.html[/url]

[QUOTE=Xonax;47473469]Do we have the name of ISPs doing this? [editline]7th April 2015[/editline] Is Telstra and Internode?[/QUOTE] Internode, Adam internet, Amnet Broadband, Wideband and ISPs Dodo [url]http://www.news.com.au/technology/online/court-ruling-on-whether-australian-isps-must-hand-over-customer-data-over-movie-downloads/story-fnjwneld-1227294106822[/url]

Another source [url]http://pirateparty.org.au/2015/04/07/innocent-internet-users-could-now-be-the-targets-of-pay-up-or-else-schemes/[/url]

[QUOTE=Rusty100;47472895]telstra won't. they're gonna say 'make us' and since they basically own all the internet cables in australia nobody can force them to do much of anything they don't want to.[/QUOTE] As far as I'm aware, they already have handed over the details. Telstra, along with Optus and TPG chose not to contest the matter, while the other listed ISPs did. [editline]7th April 2015[/editline] [QUOTE=fruxodaily;47473437]To court summons over 4000 people is fucking retarded, I doubt iiNet will move and release their customers IP's because they've always stood up for consumers rights[/QUOTE] ... Where does it say that 4,000 people are going to receive court summons?

Heard it on 9 and 10, could be wrong

[QUOTE=DogGunn;47473988]As far as I'm aware, they already have handed over the details. Telstra, along with Optus and TPG chose not to contest the matter, while the other listed ISPs did. [/QUOTE] got a source for that? because i seriously doubt it

[QUOTE=Rusty100;47474071]got a source for that? because i seriously doubt it[/QUOTE] I doubt Telstra would protect the integrity of their users who conducted "illegal activity" They were one of two ISP's (Optus being the next) who conducted the Australian Internet filter in 2009 tho I don't know if they publicly denounced it

This trend of increased government presence in all areas of life is going to continue, all over the world, until people begin to protest in earnest. Sadly, people get more upset if you try to limit the amount of salt that goes into their ketchup than they do if you start making their private correspondences a three-way affair.

You know, there's a very simple solution to this. Just don't pirate shit. Then you won't have to worry about things like warnings, a court summons, speculative invoicing or ISPs giving your personal details to rights holders. None of that's happened to me or most other people, because not pirating is the sensible thing to do. What excuses are there? If it's not available in Australia, it's not the end of the world because your life won't depend on it, if it's 'too expensive' keep in mind that you can be a lowly shelf packer at a supermarket and still get paid $20 per hour. You have no excuse to pirate stuff.

[QUOTE=fruxodaily;47474083]I doubt Telstra would protect the integrity of their users who conducted "illegal activity" They were one of two ISP's (Optus being the next) who conducted the Australian Internet filter in 2009 tho I don't know if they publicly denounced it[/QUOTE] the filter that you could call up and have disabled?

[QUOTE=Antdawg;47474110]You know, there's a very simple solution to this. Just don't pirate shit. Then you won't have to worry about things like warnings, a court summons, speculative invoicing or ISPs giving your personal details to rights holders. None of that's happened to me or most other people, because not pirating is the sensible thing to do. What excuses are there? If it's not available in Australia, it's not the end of the world because your life won't depend on it, if it's 'too expensive' keep in mind that you can be a lowly shelf packer at a supermarket and still get paid $20 per hour. You have no excuse to pirate stuff.[/QUOTE] What about having to wait months or sometimes years to actually get the content, via the insanely expensive foxtel which not everyone can either get, or can afford? Netflix is a step in the right direction for Australians and being rampant pirates, but that's still held down by our mostly limited and slow internet connections. You may be working nightfill, but you might not have the amount of expenses that someone with kids, living in an expensive city (e.g. Perth) or maybe they can't even find themselves a job.

[QUOTE=Antdawg;47474110]You know, there's a very simple solution to this. Just don't pirate shit. Then you won't have to worry about things like warnings, a court summons, speculative invoicing or ISPs giving your personal details to rights holders. None of that's happened to me or most other people, because not pirating is the sensible thing to do. What excuses are there? If it's not available in Australia, it's not the end of the world because your life won't depend on it, if it's 'too expensive' keep in mind that you can be a lowly shelf packer at a supermarket and still get paid $20 per hour. You have no excuse to pirate stuff.[/QUOTE] The problem is innocent customers could be affected by this. The company does not know exactly who pirated the movies, they just know what IP address they came from. What if the person's computer is backdoored and being used as a proxy? What if the person's neighboor is using their wifi? I'm unsure about how this sort of thing works, but what if the person's IP was changed by the ISP and the new user with the pirate's IP is blamed? Innocent people could be attacked by a company using bullying tactics to make revenue. If a company tells you "pay us $1000 or we'll take you to court" and make you pay far more in legal fees, what are you going to choose? Innocent or not, I'd have to pay up.

Wait so Telstra is a part of this?

[QUOTE=Rusty100;47474116]the filter that you could call up and have disabled?[/QUOTE] Under Kevin Rudd's proposal, the filter was mandatory opt in and you could not leave

[QUOTE=sasherz;47474295]The problem is innocent customers could be affected by this. The company does not know exactly who pirated the movies, they just know what IP address they came from. What if the person's computer is backdoored and being used as a proxy? What if the person's neighboor is using their wifi? I'm unsure about how this sort of thing works, but what if the person's IP was changed by the ISP and the new user with the pirate's IP is blamed? Innocent people could be attacked by a company using bullying tactics to make revenue. If a company tells you "pay us $1000 or we'll take you to court" and make you pay far more in legal fees, what are you going to choose? Innocent or not, I'd have to pay up.[/QUOTE] I'd let them take me to court, IP address isn't sufficient evidence to obtain a conviction. Also I dunno what the law is in your country but if you're acquitted in the UK you don't have to pay fees, you can even claim money for travel costs and such.

[QUOTE=Antdawg;47474110]You know, there's a very simple solution to this. Just don't pirate shit. Then you won't have to worry about things like warnings, a court summons, speculative invoicing or ISPs giving your personal details to rights holders. None of that's happened to me or most other people, because not pirating is the sensible thing to do. What excuses are there? If it's not available in Australia, it's not the end of the world because your life won't depend on it, if it's 'too expensive' keep in mind that you can be a lowly shelf packer at a supermarket and still get paid $20 per hour. You have no excuse to pirate stuff.[/QUOTE] You're an idiot and let me explain why what you said is fucking bullshit 1. The availability of movies - retail, is depleting massively because of how convenient it is to download something from online, on top of that, when purchasing a DVD, you have to skip 5 minutes of promotional bullshit. With pirated films, you press play and you watch it 2. Retail movies are fucking expensive, I'm not paying $15 to see something once, even rent can be annoying 3. The legal avenues never existed till now, keep that in mind. If you want to argue that I'm wrong and there were legal avenues like Quikflix, iTunes and/or google play then AGAIN let me remind you how low choice was, how shit the prices were and how annoying it was. Now with netflix, presto and stan, you could say piracy is obsolete, but the choice is still low 4. "if it's not available in Australia, it's not the end of the world", are you serious? Yeah it's not the end of the world but if it's been talked up like it's the fucking bomb, you want to go see this I remember the hype wolf of wall street generated, everyone was like "fuck it's so good" but it wasn't even out in Australia. You know how 80% of Australians went to see it? On a piracy site If you want to use this dumb argument with tv shows, let me again remind you of the above It's much more convenient and easier and better to go to streaming sites or use services like brettygood to watch it live [B]In this day and age, there is no excuse with holding back content. Blame the people who refuse to see the clear problem and that's convenience [/B] [editline]8th April 2015[/editline] Blame Foxtel, blame news corp, blame 20th century fox, blame universal, blame paramount, blame Colombia Do not blame the consumer, it's the production companies fault for being fucking nasty and shit to their "fan base"

[QUOTE=Scratch.;47472843][vid]http://www.7proxies.pw/a/qct6[/vid] [img]http://sae.tweek.us/media/emoticons/emot-downswords.gif[/img][/QUOTE] Using a VPN gets you more movies/series.

[QUOTE=ashxu;47472821]this is some dystopian shit, or at least leading into it[/QUOTE] In the grim darkness of the dystopian future, when you pirate movies you get a legal notice on your doorstep. [QUOTE=fruxodaily;47474405]You're an idiot and let me explain why what you said is fucking bullshit 1. The availability of movies - retail, is depleting massively because of how convenient it is to download something from online, on top of that, when purchasing a DVD, you have to skip 5 minutes of promotional bullshit. With pirated films, you press play and you watch it 2. Retail movies are fucking expensive, I'm not paying $15 to see something once, even rent can be annoying 3. The legal avenues never existed till now, keep that in mind. If you want to argue that I'm wrong and there were legal avenues like Quikflix, iTunes and/or google play then AGAIN let me remind you how low choice was, how shit the prices were and how annoying it was. Now with netflix, presto and stan, you could say piracy is obsolete, but the choice is still low 4. "if it's not available in Australia, it's not the end of the world", are you serious? Yeah it's not the end of the world but if it's been talked up like it's the fucking bomb, you want to go see this I remember the hype wolf of wall street generated, everyone was like "fuck it's so good" but it wasn't even out in Australia. You know how 80% of Australians went to see it? On a piracy site If you want to use this dumb argument with tv shows, let me again remind you of the above It's much more convenient and easier and better to go to streaming sites or use services like brettygood to watch it live [B]In this day and age, there is no excuse with holding back content. Blame the people who refuse to see the clear problem and that's convenience [/B] [editline]8th April 2015[/editline] Blame Foxtel, blame news corp, blame 20th century fox, blame universal, blame paramount, blame Colombia Do not blame the consumer, it's the production companies fault for being fucking nasty and shit to their "fan base"[/QUOTE] I sympathize with the shit Australians have to deal with, but if you feel compelled to illegally download your entertainment that doesn't suddenly make it a breach of your civil liberties when the company comes after you. Edit: You also seem to have missed that the person you were replying to is Australian, so presumably he actually knows all that shit and still finds it possible to continue his human existence without piracy.

I live in Australia as well FYI, flag dog just thinks I'm in America

An govermental body collecting mass data through internet providers? :O :O :O

[QUOTE=Walt1978;47474562]An govermental body collecting mass data through internet providers? :O :O :O[/QUOTE] but isn't that common knowledge? For ISP's to essentially operate, they have to agree to government legislation that specifically outlines that in special cases (or events), they are allowed to gather information on that specific target, most of the time for law enforcement reasons, but not limited to that specific reason. (e.g. there are speculations going around that some political parties that do this use it while in office to essentially gather malicious information against their opponents, or even to attack them)

ISPs already do this in fair game in the UK. three time warning then a fine [editline]7th April 2015[/editline] i hate to say it but really. if you want to pirate things and not get caught ever: don't pirate things, or take more care in where you source things. i hate it when overseas content isn't sold where i live too, and i can understand why you might pirate something. does not mean you are granted immunity from legal action considering your still pirated the content, so don't expect it.