Most importantly, he ordered that the ISPs, which include iiNet
and Dodo Services (Respondents) provide Dallas
Buyers Club and Voltage Pictures (described as the
Prospective Applicants), with a verified list of
each of the IP addresses nominated for each of them, together with
the name and residential address of the account holder associated
with that IP address. The Prospective Applicants cannot disclose
that information to third parties and can only use it in order to
recover compensation for infringement, including:
suing end users for infringement; and
negotiating with end-users regarding liability for
Other orders made included:
The Prospective Applicants are to provide the Respondents with
a copy of the undertaking they propose to give to the court about
the letter intended to be sent to account holders, together with
evidence as to how compliance with the undertaking is to be
An order requiring the ISPs to pay 75% of the Prospective
Applicant's costs of the proceedings. This order is contrary to
indications given by Justice Perram in his previous judgment,
when he signalled that he would order that the Prospective
Applicants should pay all of the ISPs' costs. In explaining
the change from his initial position, Justice Perram said that the
adversarial attitude of the Respondents meant that they put nearly
everything in issue, leading to the case extending over three days.
Justice Perram also found that although the ISPs were entitled to
call Mr Macek to be a witness, the endeavour was expensive, and
ultimately fruitless. The ISPs were therefore ordered to pay Dallas
Buyers Club's costs of flying Mr Macek to Australia, together
with his accommodation and living expenses.
There are still issues which remain outstanding such as the
question of security for costs and the court's approval of the
form of the letter to be sent to account holders.
Clayton Utz communications are intended to provide
commentary and general information. They should not be relied upon
as legal advice. Formal legal advice should be sought in particular
transactions or on matters of interest arising from this bulletin.
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