Dallas Buyers Club abandons fight against Aussie pirates
Date: February 11, 2016
Hannah Francis
Technology Reporter
It's a happy day for Aussie pirates: The Hollywood studio behind the film Dallas Buyers Club has abandoned its fight to extract huge sums of cash from alleged copyright infringers.
Dallas Buyers Club LLC had until midday Thursday to lodge a second appeal against an August Federal Court decision which effectively prevented it from engaging in so-called "speculative invoicing" in Australia.
Michael Bradley of Marque Lawyers, who represented the studio in the case, confirmed to Fairfax Media the studio had not appealed the decision by the deadline.
He said while his client was disappointed by the final outcome of the case, it was not the end of the war against piracy in Australia.
"The problem isn't going away; Australia is still one of the most prominent jurisdictions for infringement, and rights holders will continue to feel that they're losing a lot of money, so I expect they'll continue to look for ways of deterring that behaviour," Mr Bradley said.
"The infringement is so large scale and the financial losses involved are so big, I don't think that's the end of the story."
He said the case was "very technical" and centred around access to information, with no bearing on the actual underlying legal issues of infringement and damages.
"Presumably infringers will be happy about the result; whether it will influence their behaviour [in regard to continuing to pirate], I have no idea," Mr Bradley said.
However Graham Phillips of Thomson Geer lawyers, who led the defence by iiNet and other internet service providers whose customers' details were at the centre of the case, said the outcome effectively defeated the speculative invoicing business model in Australia.
Dallas Buyers Club LLC's application ultimately failed because the studio overreached, he said.
"The demands they wanted to make were excessive, unsupported by the evidence they collected," Mr Phillips said.
Mr Phillips praised the ISPs for defending their customers' privacy, singling out iiNet's outspoken former chief regulatory officer Steve Dalby for leading the charge.
"The case is a great legacy for Steve Dalby ... who was keen to protect his customers from DBC's unfair speculative invoicing practice," Mr Phillips said.
Rights holders could succeed where Dallas Buyers Club had failed in obtaining details of alleged pirates, if they were able to prove in court their claims for damages would be reasonable and within the law, he said.
Federal Court Justice Nye Perram granted Dallas Buyers Club access to the names and addresses of the alleged pirates back in April, but put a temporary stay on access until the studio could prove to the court it would not threaten and pursue individuals for excessive amounts of money.
Justice Perram rejected "several versions" of the studio's proposed correspondence with individuals before deciding in August to lift the stay but impose strict conditions on access. These included that the studio only seek damages from individuals for the cost of obtaining the film plus some out-of-pocket expenses, and that it forfeit a $600,000 bond if the terms were breached. The restrictions effectively made any further action from the studio against individual pirates prohibitively expensive.
In September, Dallas Buyers Club LLC appealed the decision and sought access to the contact details of only 472 alleged pirates with a $60,000 bond – 10 per cent of the original amount – plus the right to seek further compensation. Justice Perram rejected the request in December, ordering the case to be thrown out on February 11 unless further action was taken.
- wong chee tat :)
Showing posts with label australia. Show all posts
Showing posts with label australia. Show all posts
Friday, February 12, 2016
Saturday, August 10, 2013
Australia's central bank lowers growth forecasts
Australia's central bank lowers growth forecasts
POSTED: 09 Aug 2013 12:44 PM
Australia's central bank on Friday scaled back its near-term forecasts for economic growth, saying mining investment was unwinding faster than expected and a pick-up in China was unlikely this year.
SYDNEY: Australia's central bank on Friday scaled back its near-term forecasts for economic growth, saying mining investment was unwinding faster than expected and a pick-up in China was unlikely this year.
The Reserve Bank of Australia said it now expected the resources-driven economy to expand 2.25 per cent in the year to December 31 and 2.5 per cent in the 12 months to June 30, 2014.
It had expected 2.5 per cent and 2.0-3.0 per cent respectively in its May forecasts.
"The slightly weaker outlook than a few months ago reflects, among other things, the assessment that growth in China is now unlikely to pick up much, if at all, in coming quarters," the bank said it its quarterly statement on monetary policy.
The bank said its outlook for mining investment had been revised lower after capital expenditure surveys showed "a significant decline" in resources industry spending and equipment imports amid softening commodity prices, particularly in the coal sector.
"Given this, the expectation is that mining investment will decline somewhat over the next year or so before falling away more noticeably thereafter," the bank said.
The bank slashed its official interest rate to an unprecedented 2.5 per cent this week in a bid to stoke the non-mining areas of Australia's economy as its decade-long Asia led commodities boom unwinds.
It cited growing unemployment as a factor in the cut, after the ruling Labor party's jobless forecast ballooned to 6.25 per cent for this financial year.
July's unemployment level came in at a stable 5.7 per cent on Thursday, but the economy shed 10,200 jobs as Australia confronts a painful transition away from its dependence on mining to other drivers of growth.
The RBA said it had also lowered its employment projections and the jobless rate was "expected to continue its recent upward trend over the next few quarters".
"Consistent with the slowing growth in resource-related activity" the bank said that employment growth had been flat in resource-rich Western Australia since the end of last year and there had been an uptick in joblessness.
The bank also noted that the headline unemployment rate "may not fully capture the extent to which conditions in the labour market have softened".
"Firms may have responded to weaker demand by reducing the hours worked by their staff rather than by reducing the number of employees," it said.
The RBA's inflation forecasts were unchanged from May, at 2.25 per cent for the year ending December 31, and it offered no new clues on further rate cuts.
Both Labor and the conservative opposition are campaigning on economic issues ahead of September 7 national elections.
- AFP/jc
- wong chee tat :)
POSTED: 09 Aug 2013 12:44 PM
Australia's central bank on Friday scaled back its near-term forecasts for economic growth, saying mining investment was unwinding faster than expected and a pick-up in China was unlikely this year.
SYDNEY: Australia's central bank on Friday scaled back its near-term forecasts for economic growth, saying mining investment was unwinding faster than expected and a pick-up in China was unlikely this year.
The Reserve Bank of Australia said it now expected the resources-driven economy to expand 2.25 per cent in the year to December 31 and 2.5 per cent in the 12 months to June 30, 2014.
It had expected 2.5 per cent and 2.0-3.0 per cent respectively in its May forecasts.
"The slightly weaker outlook than a few months ago reflects, among other things, the assessment that growth in China is now unlikely to pick up much, if at all, in coming quarters," the bank said it its quarterly statement on monetary policy.
The bank said its outlook for mining investment had been revised lower after capital expenditure surveys showed "a significant decline" in resources industry spending and equipment imports amid softening commodity prices, particularly in the coal sector.
"Given this, the expectation is that mining investment will decline somewhat over the next year or so before falling away more noticeably thereafter," the bank said.
The bank slashed its official interest rate to an unprecedented 2.5 per cent this week in a bid to stoke the non-mining areas of Australia's economy as its decade-long Asia led commodities boom unwinds.
It cited growing unemployment as a factor in the cut, after the ruling Labor party's jobless forecast ballooned to 6.25 per cent for this financial year.
July's unemployment level came in at a stable 5.7 per cent on Thursday, but the economy shed 10,200 jobs as Australia confronts a painful transition away from its dependence on mining to other drivers of growth.
The RBA said it had also lowered its employment projections and the jobless rate was "expected to continue its recent upward trend over the next few quarters".
"Consistent with the slowing growth in resource-related activity" the bank said that employment growth had been flat in resource-rich Western Australia since the end of last year and there had been an uptick in joblessness.
The bank also noted that the headline unemployment rate "may not fully capture the extent to which conditions in the labour market have softened".
"Firms may have responded to weaker demand by reducing the hours worked by their staff rather than by reducing the number of employees," it said.
The RBA's inflation forecasts were unchanged from May, at 2.25 per cent for the year ending December 31, and it offered no new clues on further rate cuts.
Both Labor and the conservative opposition are campaigning on economic issues ahead of September 7 national elections.
- AFP/jc
- wong chee tat :)
Tuesday, August 6, 2013
Australian central bank cuts rates to new low of 2.5%
Australian central bank cuts rates to new low of 2.5%
POSTED: 06 Aug 2013 1:50 PM
Australia's central bank cut interest rates to a new record low of 2.5 per cent on Tuesday, just weeks ahead of the September 7 national polls.
SYDNEY, New South Wales: Australia's central bank cut interest rates to a new record low of 2.5 per cent Tuesday, underscoring fears of a major economic slowdown shaping up as a key election battleground.
The Reserve Bank of Australia shaved 25 basis points off the official cash rate to lows not seen since the central bank's 1959 establishment, just weeks out from the September 7 national polls.
RBA Governor Glenn Stevens cited recent muted inflation and retail sales data in unveiling the cut, which follows a grim pre-election budget update from the ruling Labor party last week.
"In Australia, the economy has been growing a bit below trend over the past year. This is expected to continue in the near term as the economy adjusts to lower levels of mining investment," Stevens said.
The peak in Australia's decade-long Asia-led mining investment boom and slowdown in key market China saw Labor scale back its growth forecasts for 2013/14 to 2.5 per cent and bump up unemployment to 6.25 per cent, compared with 2.75 per cent and 5.75 per cent seen in the May budget.
Stevens singled out unemployment as a concern, noting that it had "edged higher" to 5.7 per cent in June, its highest level in almost four years and just shy of its peak during the global financial crisis.
The cash rate is also lower than it ever was during the global downturn -- it last bottomed out at 3.00 per cent in September 2009.
The latest cut was widely expected by analysts after inflation came in below forecasts for a third successive quarter last month at a muted 0.4 per cent and retail spending was flat in the three months to June.
"The RBA would have hoped lower interest rates would encourage credit growth, but it has remained sluggish," said Capital Economics analyst Daniel Martin.
"Overall, we doubt that policy loosening, even after today's rate cut, will fully offset the slowdown in mining investment," he added.
Australia was among a select few advanced economies to dodge recession during the financial crisis, due to its links with powerhouse Asian economies.
But Prime Minister Kevin Rudd, who is seeking a third term in office for Labor, warned last week A$33.3 billion had been wiped off his spending plans for the next four years due to the mining headwinds.
Both Rudd and conservative opponent Tony Abbott have put economic management at the heart of their election campaigns as Australia faces a major transition to non-mining drivers of growth.
Tuesday's decision is a mixed bag for Labor. While it underscores fears of an economic slowdown seized on by the conservatives as evidence of mismanagement, it also means an easing in cost-of-living pressures for key mortgage-belt voters.
Opposition finance spokesman Joe Hockey said "business and consumer confidence in the United States is in better shape than business and consumer confidence in Australia", with voters worried about rising unemployment.
"This interest rate cut is about a struggling economy under Kevin Rudd," Hockey said. "We are heading in the wrong direction while the rest of the world is heading in the right direction."
Treasurer Chris Bowen said Labor "unapologetically welcomes the interest rate cut", saying it had been made possible by "responsible economic management".
"Under Labor, Australians can rely on the proven economic record that got Australia through the global financial crisis, saw the economy and jobs grow, while making record investments in health, education and infrastructure," said Bowen.
The Australian dollar edged up slightly on the decision, with some investors expecting a more drastic 50-basis-point cut, to 89.55 US cents from 89.23 cents immediately prior.
- CNA/ac
- wong chee tat :)
POSTED: 06 Aug 2013 1:50 PM
Australia's central bank cut interest rates to a new record low of 2.5 per cent on Tuesday, just weeks ahead of the September 7 national polls.
SYDNEY, New South Wales: Australia's central bank cut interest rates to a new record low of 2.5 per cent Tuesday, underscoring fears of a major economic slowdown shaping up as a key election battleground.
The Reserve Bank of Australia shaved 25 basis points off the official cash rate to lows not seen since the central bank's 1959 establishment, just weeks out from the September 7 national polls.
RBA Governor Glenn Stevens cited recent muted inflation and retail sales data in unveiling the cut, which follows a grim pre-election budget update from the ruling Labor party last week.
"In Australia, the economy has been growing a bit below trend over the past year. This is expected to continue in the near term as the economy adjusts to lower levels of mining investment," Stevens said.
The peak in Australia's decade-long Asia-led mining investment boom and slowdown in key market China saw Labor scale back its growth forecasts for 2013/14 to 2.5 per cent and bump up unemployment to 6.25 per cent, compared with 2.75 per cent and 5.75 per cent seen in the May budget.
Stevens singled out unemployment as a concern, noting that it had "edged higher" to 5.7 per cent in June, its highest level in almost four years and just shy of its peak during the global financial crisis.
The cash rate is also lower than it ever was during the global downturn -- it last bottomed out at 3.00 per cent in September 2009.
The latest cut was widely expected by analysts after inflation came in below forecasts for a third successive quarter last month at a muted 0.4 per cent and retail spending was flat in the three months to June.
"The RBA would have hoped lower interest rates would encourage credit growth, but it has remained sluggish," said Capital Economics analyst Daniel Martin.
"Overall, we doubt that policy loosening, even after today's rate cut, will fully offset the slowdown in mining investment," he added.
Australia was among a select few advanced economies to dodge recession during the financial crisis, due to its links with powerhouse Asian economies.
But Prime Minister Kevin Rudd, who is seeking a third term in office for Labor, warned last week A$33.3 billion had been wiped off his spending plans for the next four years due to the mining headwinds.
Both Rudd and conservative opponent Tony Abbott have put economic management at the heart of their election campaigns as Australia faces a major transition to non-mining drivers of growth.
Tuesday's decision is a mixed bag for Labor. While it underscores fears of an economic slowdown seized on by the conservatives as evidence of mismanagement, it also means an easing in cost-of-living pressures for key mortgage-belt voters.
Opposition finance spokesman Joe Hockey said "business and consumer confidence in the United States is in better shape than business and consumer confidence in Australia", with voters worried about rising unemployment.
"This interest rate cut is about a struggling economy under Kevin Rudd," Hockey said. "We are heading in the wrong direction while the rest of the world is heading in the right direction."
Treasurer Chris Bowen said Labor "unapologetically welcomes the interest rate cut", saying it had been made possible by "responsible economic management".
"Under Labor, Australians can rely on the proven economic record that got Australia through the global financial crisis, saw the economy and jobs grow, while making record investments in health, education and infrastructure," said Bowen.
The Australian dollar edged up slightly on the decision, with some investors expecting a more drastic 50-basis-point cut, to 89.55 US cents from 89.23 cents immediately prior.
- CNA/ac
- wong chee tat :)
Monday, March 11, 2013
Australian central bank computers hacked
Australian central bank computers hacked
Posted: 11 March 2013 1129 hrs
SYDNEY: Computer networks at the Reserve Bank of Australia have been hacked, officials said Monday, with some reportedly infected by Chinese-developed malware searching for sensitive information.
The central bank revealed the attacks after investigations by The Australian Financial Review found multiple computers had been compromised by malicious software seeking intelligence.
The newspaper said in one attack a Chinese-developed malware spy programme was searching in 2011 for information on sensitive G20 negotiations, where Beijing's exchange rate and currency reserves were on the agenda.
A Reserve Bank official confirmed the G20 virus to AFP and said it was confined to only "a few" computers. The official did not say what information was stolen or who was targeted, and would not confirm the Chinese connection.
A defence department official told AFP the "targeting of high-profile events, such as the G20, by state-sponsored adversaries, cyber-criminals and issue-motivated groups is a real and persistent threat".
"At least 65 percent of cyber intrusions on Australian computers have an economic focus," the official added.
"Cyber intruders are looking for information on Australia's business dealings, intellectual property, scientific data and the government's intentions."
In another sophisticated incident in 2011, revealed on the central bank's disclosure log under its freedom of information obligations, "targeted" emails were received regarding its strategic planning for 2012.
"Malicious email was highly targeted, utilising a possibly legitimate external account purporting to be a senior bank staff member," an official report by the bank's risk management unit said.
"As the email had no attachment, it bypassed existing security controls, allowing users to potentially access the malicious payload via the Internet browsing infrastructure."
Six users clicked on the mail, which had a legitimate email signature and a plausible subject title and content.
"Bank assets could have been potentially compromised, leading to service information loss and reputation (damage)," the official report said.
In a statement released Monday, the bank said it took cyber security and its potential consequences "extremely seriously".
"The bank has comprehensive security arrangements in place which have isolated these attacks and ensured that viruses have not been spread across the bank's network or systems," it said.
"At no point have these attacks caused the bank's data or information to be lost or its systems to be corrupted. The Bank's IT systems operate safely, securely and with a high degree of resilience."
In 2011, the computers of Australia's prime minister plus foreign and defence ministers were all suspected to have been hacked.
Reports and security experts said the attacks originated in China but Beijing dismissed the allegations as "groundless and made out of ulterior purposes".
At the time, Canberra said cyber attacks had become so frequent that government and private networks were under "continuous threat".
It said foreign intelligence agencies, criminal organisations and commercial competitors were all to blame.
Last year, Chinese telecoms giant Huawei was barred from bidding for contracts on Australia's ambitious Aus$36 billion (US$37 billion) broadband rollout due to fears of cyber attacks.
- AFP/xq/fl
- wong chee tat :)
Posted: 11 March 2013 1129 hrs
SYDNEY: Computer networks at the Reserve Bank of Australia have been hacked, officials said Monday, with some reportedly infected by Chinese-developed malware searching for sensitive information.
The central bank revealed the attacks after investigations by The Australian Financial Review found multiple computers had been compromised by malicious software seeking intelligence.
The newspaper said in one attack a Chinese-developed malware spy programme was searching in 2011 for information on sensitive G20 negotiations, where Beijing's exchange rate and currency reserves were on the agenda.
A Reserve Bank official confirmed the G20 virus to AFP and said it was confined to only "a few" computers. The official did not say what information was stolen or who was targeted, and would not confirm the Chinese connection.
A defence department official told AFP the "targeting of high-profile events, such as the G20, by state-sponsored adversaries, cyber-criminals and issue-motivated groups is a real and persistent threat".
"At least 65 percent of cyber intrusions on Australian computers have an economic focus," the official added.
"Cyber intruders are looking for information on Australia's business dealings, intellectual property, scientific data and the government's intentions."
In another sophisticated incident in 2011, revealed on the central bank's disclosure log under its freedom of information obligations, "targeted" emails were received regarding its strategic planning for 2012.
"Malicious email was highly targeted, utilising a possibly legitimate external account purporting to be a senior bank staff member," an official report by the bank's risk management unit said.
"As the email had no attachment, it bypassed existing security controls, allowing users to potentially access the malicious payload via the Internet browsing infrastructure."
Six users clicked on the mail, which had a legitimate email signature and a plausible subject title and content.
"Bank assets could have been potentially compromised, leading to service information loss and reputation (damage)," the official report said.
In a statement released Monday, the bank said it took cyber security and its potential consequences "extremely seriously".
"The bank has comprehensive security arrangements in place which have isolated these attacks and ensured that viruses have not been spread across the bank's network or systems," it said.
"At no point have these attacks caused the bank's data or information to be lost or its systems to be corrupted. The Bank's IT systems operate safely, securely and with a high degree of resilience."
In 2011, the computers of Australia's prime minister plus foreign and defence ministers were all suspected to have been hacked.
Reports and security experts said the attacks originated in China but Beijing dismissed the allegations as "groundless and made out of ulterior purposes".
At the time, Canberra said cyber attacks had become so frequent that government and private networks were under "continuous threat".
It said foreign intelligence agencies, criminal organisations and commercial competitors were all to blame.
Last year, Chinese telecoms giant Huawei was barred from bidding for contracts on Australia's ambitious Aus$36 billion (US$37 billion) broadband rollout due to fears of cyber attacks.
- AFP/xq/fl
- wong chee tat :)
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