iiNet has almost won its case against Dallas Buyers Club LLC in the Federal Court, marking the start of the final stage in what will be a landmark judgement for copyright infringement law in Australia.
Business Insider reports that the ruling by Justice Nye Perram has moved to dismiss the case entirely, unless DBC files for an appeal in the next 60 days before mid-February. Almost 5000 iiNet account holders were potentially on the hook for what may have been thousands of dollars in damages per download of the Dallas Buyers Club movie. Now, unless DBC and its lawyers act, the case will fail.
In April, DBC was provisionally granted access to the details of the 4726 iiNet customers, but a stay on the order was implemented by Justice Perram, who wanted assurance that the film studio wouldn't harass account holders for excessive punitive damages fees. A $600,000 bond was also implemented after Perram was given a draft copy of DBC's letter, which asked for alleged infringers' personal details and annual salaries.
After resubmitting a draft letter significantly lessening their demands upon customers, DBC proposed a $60,000 bond and a trial section of 472 iiNet customers, in a last-ditch submission to the court last week. Today, Perram has moved to dismiss the proceedings entirely. “What I will do is make a self-executing order which will terminate the proceedings on Thursday 11 February 2016 at noon, unless DBC takes some step before then,” reads Perram's ruling.
“Some finality must now be brought to these proceedings.”