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Australia’s three-strike policy, TPP yet to factor in on federal court’s resolution on infringement case

The Australian Federal Court’s resolution of Dallas Buyers Club LLC’s case against copyright infringers in the country has recently been finalized. Even though Justice Nye Perram initially sided with DBC and ordered the recovery of damages from the 4,726 individuals who allegedly infringed on the studio’s copyright by illegally downloading the film, Perram put limitations in place to make sure that DBC cannot claim “untenable” damages in such cases.

Perram’s ruling takes into account the following four matters: the actual cost of legally buying the movie, the infringer’s uploading activity of the movie, additional damages for an infringer’s downloading history, and damages covering the costs that DBC had to spend for it to obtain the infringer’s details.

However, this conclusion might change, because the Australian government’s three-strike policy for those who are caught downloading copyrighted material, which was passed in 2015, and the Trans Pacific Partnership (TPP), which was signed during the first week of February, have yet to factor in the federal court’s resolution.

Our Dallas intellectual property attorneys at Gagnon, Peacock & Vereeke, P.C., litigate on behalf of both plaintiffs and defendants involved in even the most complex copyright infringement cases. To speak with a qualified member of our legal team, call our offices at (214) 824-1414.

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