Torrenting Possible Fines

just on this subject, note that whilst lawyers may say it makes no difference to be plaintiff or defendant (indeed some times strategically better as defendant) it is always better to go as plaintiff first and in the court of your choosing so that it is the other guy that has the action on their credit file for however number of years it takes to sort out... assuming you care about your credit file that is
 
http://www.watoday.com.au/comment/d...d-the-dallas-buyers-club-20150409-1mhdpg.html

"As in, give us, $100, $1000, $10,000 - or we'll take you to court and attempt to ruin you financially as a deterrent to anyone else who might want to download and share one of our films.

Sure, they might lose the case. But you'll lose everything trying to defend the reason why, on that windy Saturday night, you thought, oh, wouldn't it be nice to see a Matthew McConaughey film."


these guys just need to go to bali more often ! I'm one of the luddites that he talks of, but I think some people must have a lot of movies and at $20 each it could add up
 
no you can't invent a judgment, but that comes way down the track. I'm talking right back at the beginning of the process.

logic has nothing to do with credit reporting unfortunately. Sadly, I can file a claim against you for any spurious reason and it will stuff you right up. In a recent action I filed a claim in the magistrates court against a bloke on a matter that had been in the supreme court. It was a long shot from the gecko but worth a go. It hit their credit file just as they were refinancing a major development, funder pulled out. doh! sadly for me I was unsuccessful in that particular action but ultimately successful in the supreme court action. Oh then they also had a counter crack, filed a ridiculous claim for about half a million but never bothered serving it. Ican't defend it because it isn't served, I understand it takes 15 months to lapse by default? (1 year, then 3 months)
That doesn't make sense to me. you filed a claim (on a matter before a higher court??). What did it hit their credit file as?
 
That doesn't make sense to me. you filed a claim (on a matter before a higher court??). What did it hit their credit file as?
yeh it was quite complicated. there was a broken mediation agreement for a smaller sum so my lawyer attempted to enforce it in a lower court, the higher court was for the core matter. To be honest not sure what it hit as. Highly effective in that long battle of attrition tho :) The matter was mediated, that was broken, I lost at trial after waiting 18 months for judgment (that was at about year 5 of the matter), attempted the action in the lower court and lost, went to appeal and won in the higher court, then enforced, stat demand, that was defended and failed, then a third party issued proceedings against both of us, actually just me initially but we succeeded in joining the other, that was referred for mediation. In the meantime the defendant filed a counter claim - a completely new writ - which was just tripe and they knew it so they haven't served. oh and amongst that the useless sherrif wanted to send us off on an interpleader case as the defendant invented some stuff about the subject property.

Judgments are pretty useless, the real excitement begins with enforcement.

You know you're in trouble when 'ambulance chaser' insolvency experts write to you before you even know about a new action... am sure you know the dear John letter... "you have been, or about to be, served a writ from Scumbag Pty Ltd in the amount $1m, call us now with your credit card and we can help you". I assume they mine the same data lists that the credit agencies do, must be public information?
 
16% of people are now using VPN's and Tor browser.

vpn-usage-widespread-among-australians-essential-research-poll-reveals

With the threat of civil actions against pirates, scare tactics from content rights holders, and new regimes of data retention and anti-piracy incoming, more and more Australians are taking steps to fade into the virtual shadows online.

A poll of more than 1000 people by Essential Research shows that 16 per cent had used a virtual private network (VPN) or the anonymising Tor network to protect their privacy online, meaning hundreds of thousands of Australians are already using these services.
 
Last edited:
Luckily I'm not with iinet...
What's missing from many of the reports about this is that iinet aren't the only ISP handing over information. They are the only ones who tried to resist the DBC request and ended up in court. A bunch of other ISPs just handed the personal details of their customers over (and have been doing so for a while, based on other requests). Dallas Buyers Club has a lot more than 4000 people's information.
 
Recently telstra gave the account holder an extra 100gb/mth of data for free, what could it be used for if not torrenting?
I wonder who they would fine if the account holder never existed? ;)
Ps. Dallas buyers club was a crap movie anyway
 
In a perverse fashion I had hoped one of my kids had downloaded it and a demand was made of myself as the customer of the Internet Provider so I could have some legal fun with them.
Depending on the manner approached S 415 of the Criminal Code could be raised but otherwise I would be seeking a security for costs order (along with costs on the application) at the least.

It is necessary however to be able to honestly deny knowledge of the illegal downloads.

I agree with the linked article: make no admissions whatsoever. They need to prove their case.
 
Recently telstra gave the account holder an extra 100gb/mth of data for free, what could it be used for if not torrenting?
I wonder who they would fine if the account holder never existed? ;)
Ps. Dallas buyers club was a crap movie anyway
Netflix or other legal streaming services.
 
Netflix warns HD content can stream at 3 gig an hour.

So high data limits are still useful.

I'm actually thinking of charging $5 more for each tenant per week ($25 total per week) to cover the costs of better internet for them and a Net Flix subscription for the house.

Only issue is that netflix only provides for 4 streams at once, so if all 5 tenants try to stream at the same time there might be an issue. Or maybe I'll just make netflix available on the TV in the lounge room.

Hopefully that will encourage tenants not to download illegally.
 
Hopefully that will encourage tenants not to download illegally.
You can quite easily block certain protocols with your router. It's basically an on/off switch for torrents. Would be a good way to ensure your tenants don't get you in any trouble.

(Obviously, using a VPN will let them do it anyway, but that will also stop you getting in trouble)
 
You can quite easily block certain protocols with your router. It's basically an on/off switch for torrents. Would be a good way to ensure your tenants don't get you in any trouble.

(Obviously, using a VPN will let them do it anyway, but that will also stop you getting in trouble)
Hmmm will have to look into that. Would be awesome if I could remove the ability for torrents to be downloaded with the router.
 
Top