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Pay or Else: How Protected are Australian Internet Account Holders from Speculative Invoicing after Dallas Buyers Club?

Authors: Yuvaraj, Joshua;

Pay or Else: How Protected are Australian Internet Account Holders from Speculative Invoicing after Dallas Buyers Club?

Abstract

To combat online copyright infringement, rights holders or their representatives may engage in "speculative invoicing": threatening alleged infringers with litigation unless they pay an excessive settlement fee. This article explores the extent to which Australians are protected from speculative invoicing in light of recent litigation. The copyright owner of the movie Dallas Buyers Club applied for preliminary discovery of account holder details under the Federal Court Rules. The Court denied access to these details because the owner sought to use them to claim damages that, in the opinion of the Court, it could not plausibly sue for. This approach significantly protects alleged individuals against speculative invoicing. However, the Court should more broadly supervise the draft correspondence that rights holders propose to use. As this article contends, the Court should ensure that these letters are drafted in good faith to protect individuals against speculative invoicing. Decisions in Canada and the United Kingdom provide guidance as to the factors the Court could consider in assessing draft correspondence.

Country
New Zealand
Related Organizations
Keywords

1801 Law, 4804 Law in context, 4801 Commercial law, 4806 Private law and civil obligations

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Powered by OpenAIRE graph
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Fields of Science
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