Australian court says no to copyright trolls
An Australian court has ruled that people accused of illegally downloading the film Dallas Buyers Club cannot be requested to pay more than the cost of a legitimate copy of the film. As a precaution, Justice Nye Perram will also require the company to pay a AU$600,000 bond before requiring the targeted ISP to release identifying details of the alleged infringing parties, as the company has no presence in Australia.
This is in stark contrast to the abusive copyright trolling/extortion that has become common in the United States, where hundreds of accused individuals are sent letters demanding a fee of up to $5,000 to settle, using the expense of litigation, and the threat of statutory damages, to extract settlements hundreds of times higher than the cost of its movie. Why do we see this difference? The answer is straightforward: Australia does not have statutory damages for copyright infringement. This allowed the court to tie damages to the actual harm suffered. In contrast, U.S. copyright law provides statutory damages of up to $150,000 per work and does not require any showing of harm. Excessive penalties are baked into the U.S. system which encourages trolling and abuse.
This is in stark contrast to the abusive copyright trolling/extortion that has become common in the United States, where hundreds of accused individuals are sent letters demanding a fee of up to $5,000 to settle, using the expense of litigation, and the threat of statutory damages, to extract settlements hundreds of times higher than the cost of its movie. Why do we see this difference? The answer is straightforward: Australia does not have statutory damages for copyright infringement. This allowed the court to tie damages to the actual harm suffered. In contrast, U.S. copyright law provides statutory damages of up to $150,000 per work and does not require any showing of harm. Excessive penalties are baked into the U.S. system which encourages trolling and abuse.