Australian's are now at risk of being Identified and Facing Legal Action for Downloading Torrents

tomwood on 26/05/2015 - 01:11
Last edited 26/05/2015 - 17:11

The Dallas Buyers Club LLC (Limited liability company) is writing to multiple Australian ISP's this week seeking consent for them to provide the details of customers whose IP addresses have been used to share the movie on file sharing programs, as has been court ordered on iiNet, according to a partner at their representative law firm - http://mashable.com/2015/05/20/isp-dallas-buyers-club/

The ISP's will likely provide negotiated consent to avoid another court process as iiNet has endured.

This will likely create a new paradigm where Australian's using torrent programs to share unauthorised files will no longer have the security that they will not be able to be identified, and they will face the possibility of being subject to legal action.

Put simply, if certain content is downloaded through BitTorrent on an internet connection in your name and privacy measures are not taken, you will be at risk of being identified and facing legal action.

If you wish to keep downloading certain things without facing these risks, you will need a privacy protection service, like a proxy or VPN.

I don't mean to be too facetious, but there's still a lot of stuff which is hard to get even if you pay.

So please discuss the best and cheapest proxy's and VPN's! (Or reasonable paid-methods of access :P)

Internet

Comments

  • chill on 26/05/2015 - 01:33
    +15

    HAHA if my upload wasn't so crap I would actually download and permanently seed this film just to show how scared I am.

    • chipstss on 26/05/2015 - 04:27

      Well, don't upload the torrent at all because It only takes a couple of seconds to get your IP address.

      • Davros on 26/05/2015 - 07:09
        +1

        Is there enough paper in the world for envelopes, letters and stamps to send out to everyone that "torrents"?
        Are there enough cops in the world to enforce those that dont pay?
        Are there enough prisons on the planet to put the non-payers in?

        • derek324 on 26/05/2015 - 08:42

          Various scenarious are possible. Some of them may include partial blocking of a user traffic, creating users "black lists" etc, etc. None of those things happened yet, and I do not know which one will and when. But letters, stamps and envelopes are likely to be replaced by very patient electrons carrying messages on internet - sending thousands of messages costs practically nothing and can be automated. It is not a work experienced teenager typing a letter and licking stamps! Is there real danger for users today? Doubt it, but potential of harrasment and spoiling my day, even if only a little bit, is immense…
          …on the other hand $5 per month VPN solves it.

        • scotty on 26/05/2015 - 08:56
          +2

          That's not the point. The point is they have enough resource for some, and that some might be you — so don't torrent.

        • Davros on 26/05/2015 - 09:17
          +7

          @scotty: or use a VPN

        • secondstory on 28/05/2015 - 23:28

          They probably could find a way to do just enough to profit from it somehow.

      • psyren89 on 27/05/2015 - 21:30

        It's amazing how many people actually believe that seeding is the only thing that will get you in trouble.

        You open your web browser and go to www.torrentsplz.com - they have your IP address.
        You announce to a torrent tracker - they have your IP address.
        You send/receive ANY packets to/from any other peers on the torrent - they have your IP address.
        If your torrent traffic is not encrypted, it's trivial to see what torrent you're exchanging traffic for.

        All the opportunities they have to "get your IP address" happen milliseconds after the packet leaves your computer.

        If you're going to cover your tracks, at least do it properly.
        Force encryption on in your torrent client at the very least, and get on a good VPN*, but remember at the end of the day, there is always a way to find you.

        *Even VPNs are not 100% secure. They are still vulnerable to man in the middle attacks, having your traffic analysed based on probable timings, etc., and depending on where the servers are located, the authorities can simply walk up and ask them to turn over any information they have on their users.

        • onlyletters on 28/05/2015 - 10:46
          +1

          they need to build a case against you, an ip address and a few packets isn't enough proof, they need information from your isp to prove that you have sucessfully downloaded the entire moving, when you are downloading from 923 users, its a bit hard getting 1MB from each but an easy way they are doing it is by sharing the video themselves, and whoever downloads it from them automatically goes onto their hit list who they will persue to warn you, 3 warnings, your isp will either cancel your service or they will counter sue you if the producer has sued your isp.

        • psyren89 on 28/05/2015 - 13:57

          @eXtremist:
          I thought honeypotting was illegal…

          A lawyer should clarify about how much of the "product" we receive is required for grounds for legal action, as things are quite unclear in the digital world ("Your honour, the bytes read from the disk might have been child pornography").

          As for building a case - I would've thought visiting a torrent site and announcing to their tracker was clear enough.

        • chipstss on 28/05/2015 - 15:09

          @psyren89:

          As for building a case - I would've thought visiting a torrent site and announcing to their tracker was clear enough.

          Maybe but IMO observing your IP address uploading the copyrighted files is as clear cut as it gets.

  • Davros on 26/05/2015 - 07:07
    +11

    It was such a shit movie anyway
    Waste of $10.

    • mmd on 27/05/2015 - 21:02
      +11

      Yes I agree
      Waste of 700mb :(

  • Maki on 26/05/2015 - 08:37

    So, does that mean there would be no problem if you don't download with BitTorrent?

    • chompy78 on 26/05/2015 - 09:09

      Any software will be an issue. As the OP said, you will need a VPN installed and running.

      • tomwood on 26/05/2015 - 16:47

        any file-sharing software where your IP address is made public, at least

      • anonymous01 on 27/05/2015 - 22:43
        +1

        I use services similar to rapidgator, uploaded etc. When one shuts down sign up for another one. Costs about $10 per month, much faster speed than torrents and no IP trace.

        Btw it is a bit hypocrite of them to sue others, when they themselves got sued for this:

        http://www.news.com.au/technology/dallas-buyers-club-studio-…

        Also their budget was:

        Budget: $5,000,000 (estimated)
        Gross: $27,296,514 (USA) (25 April 2014)

        Source: http://www.imdb.com/title/tt0790636/business?ref_=tt_dt_bus

        and that is only USA!!! imagine how much money they made worldwide!

        oh and also, some of the heighest paid CEO's of 2014? Most of them are movie studios or pharmaceuticals.. and they complaining about us downloading a movie based on someone else's real life (whom I doubt they paid even 2% of profit they made), so F*** them.

        http://www.news.com.au/finance/work/media-heads-rule-ranks-o…

        I still buy movies and games which are worth it. Watching a movie which has a good trailer, but crap movie, I feel cheated. Similar to buying a medicine advertising to cure such diseases but not being able to do so when applied, we have the right to sue the company or atleast get our money back. unfortunately with movies we can't do that. They show something else in trailers and make a movie look more than it is. Wish there was a law to get money back if you didn't like the movie.

  • the-mal on 26/05/2015 - 09:11
    +35

    Did the movie industry learn nothing from the music industry? Or the gaming industry? Remember how they turned out?

    We tried threatening. It failed.
    We tried suing. It failed.
    We tried physical DRM. It failed.
    We tried guilting. It failed.

    Then we tried not being lazy and coming up with business models that actually tried serving the market demand (ease of access) at a reasonable price point. We disrupted the market and evolved.

    We got iTunes. We got Steam. Now we have a heap of alternatives.

    I don't pirate games anymore. I don't pirate music anymore. Why? Because it's more convenient for me not to and I find the price point completely reasonable.

    Since I got Netflix I hardly download any movies. I don't need to. It's more convenient to use Netflix and it's provided at a reasonable price point.

    Stop blaming the customers for your crappy out of date business model! Progress happens, adapt or perish.

    • derek324 on 26/05/2015 - 09:35

      I agree. However as of May 2015 there is potential for the end users to be harassed — and there is also a simple and inexpensive solution available to everyone: a VPN.

    • tomwood on 26/05/2015 - 16:48

      Things like Netflix have made the biggest difference, but I suspect now that's available this will help them push the rest across…

    • bjdchwr on 27/05/2015 - 20:50

      Good point the-mal

      I am a Netflix user and I rarely download movies. I love watching documentaries.

  • Axelstrife on 26/05/2015 - 09:23

    anyone know if getflix VPN have logs or not?

  • spackbace on 26/05/2015 - 10:20
    +1

    It still amazes me how they release movies months apart between countries. There's countless examples, currently one could be Ex Machina. This first came out in the UK on January 21st, Blu-ray is out to buy from June 1st, Blu-ray rip is already out to download, yet it was released here on May 7th. 4 months after the UK.

    As I said, 1 of many examples (latest Tinkerbell movie was another).

    When will they learn that they need to do worldwide releases within 2 weeks of each other to gain customers. Look at the heavy security that was shown on Dark Knight preview screenings. Look at the box office takings of Furious 7 and Avengers 2.

    Yeah, I downloaded it, wasted 2.5hrs of my life and now possibly $10 on it. Was a complete waste of time and one I never would've seen at the movies, so they certainly wouldn't have lost out!

  • Axelstrife on 26/05/2015 - 10:29
    +1

    http://www.purevpn.com/order/

    2 years for $49.95 usd im guessing.
    any cheaper?

    • bonezAU on 26/05/2015 - 10:32
      +1

      PIA one year for $39.95 USD, I'm sometimes a bit hesitant to sign up front for 2 years in case the company goes under or something stupid happens like our government decides to try and block these commercial VPN operators somehow.

      www.privateinternetaccess.com

      Have been using it for a while now and pretty happy with it.

    • Thaal Sinestro on 28/05/2015 - 01:07

      Thanks for letting us know.
      "any cheaper?"
      According to Topcashback, you get 50% back if you order through them. If they honour this reward, that's $25 for 2 years. Deal. I bit the bullet. Now try and get me, maleficent Australian totalitarian-wannabe government.

  • shadowarrior on 26/05/2015 - 10:38
    +4

    In other news, the guys behind Dallas Buyer's Club is getting sued for copyright infringement. http://www.pedestrian.tv/news/arts-and-culture/in-ironic-twi…

  • sachz on 26/05/2015 - 10:38

    remember the 3 strikes policy.

    guess we've all got 2 strikes left (and 11 months before we get it back).

    • Axelstrife on 26/05/2015 - 10:42
      +1

      I didnt download that shit movie lol

  • scrimshaw on 26/05/2015 - 10:48
    +2

    Well good thing I get all my movies from an IRC channel…

  • rvsure on 26/05/2015 - 11:20
    +1

    What about streaming? I never download movies because I don't watch most of them twice. Also my home internet connection is fast for streaming. Btw I haven't watched this movie and won't watch it ever after all your reviews :)

  • shaybisc on 26/05/2015 - 12:32

    They are going to have to ban VPN's if they're serious, unless this is some brilliant plan hatched by the Coalition to skyrocket VPN usage.

  • Hikey on 26/05/2015 - 13:04

    I use Cyberghost from all the free membership deals on Ozbargain.

    • ilikeradiohead on 28/05/2015 - 11:17

      I used cyber ghost for a bit but it was very slow so I ditched it. I might try Private Internet Access and see what their speeds are like.

      • Hikey on 28/05/2015 - 12:35

        Any deals or free trials for Private Internet Access?

        • ilikeradiohead on 28/05/2015 - 12:38
          +1

          Don't think so, one month is $7US I think and that's prob the least cost option for trying it out.

  • tomwood on 26/05/2015 - 16:51

    My friend uses TorGuard which he seems to be happy with, thought I don't know how good value they are.

  • Doge on 27/05/2015 - 07:56
    +3

    An importable thing to mention here is that in Malaysia they sent out letters to downloaders asking what amount of money do you think is fair to pay for the movie. If they do this here, it is important NOT TO RESPOND. Doing so would be an admission of guilt and shortly after they will sue you for all you're worth and you will have no leg to stand on. Seek legal advice making any contact at all.

    • immortalbjr on 27/05/2015 - 20:13

      This.

      I was about to say if you know anything about the law at all just because they have an ip address that may link to your computer that doesnt mean 100% that you, physically downloaded the movie yourself.

      I didnt download the rubbish anyway but if they tried all you have to say is looks like someone broke into my house, used my computer and downloaded it. Prove 100% without a doubt I physically downloaded it myself. Maybe my 9 year old step daughter downloaded it, see if a magistrate would be interested in trying to prosecute her.

      Most police work is them banking on you being stupid enough to admit guilt, if you dont do that more often than not they cant prove anything further.

  • Axelstrife on 27/05/2015 - 15:15

    Probably stupid question but when using a vpn is it ok to connect to a server from your own country?

    • shaybisc on 27/05/2015 - 17:43
      +1

      Depends what you are going to do. Just as an illustration, not you of course, using a server and doing something illegal would expose you to the laws of that country as well as the laws of Australia, should you be caught. In that case I wouldn't use a US based server.

      Interesting article I have just found here, saying Switzerland is the best for torrents. Coincidentally but spookily the FIFA Zurich arrests are swirling all around me in the news media.

      http://www.best-bittorrent-vpn.com/-safest-countries-to-down…

  • ahly92 on 27/05/2015 - 22:03

    I use SoftEther.
    It's free, fast NS Way to use
    https://www.softether.org/

  • Thaal Sinestro on 28/05/2015 - 00:27

    Dallas Buyers Club LLC/Voltage pictures must be the greediest company on the planet (and there are a lot of greedy firms), spending a fortune on lawyers in the hope of getting even more money from blackmail. The world would be much better off without their selfish scum executives and shareholders. Copyright lawyers are high on my hate list as well. And the LNP and ALP for allowing these vile capitalists to threaten Australians. They should be defending their constituencies instead of promoting the interests of Amerikkkan korporations.

    • exp1 on 28/05/2015 - 01:40

      Dallas Buyers Club LLC is just a public front for the huge content owners to establish a precedent to enforce their copyright rights in the future. It would no doubt be funded by the huge multinational content holders. They just want to portray themselves as a small independent company enforcing their copyrights so the general public will sympathise with them. It is a strategic move. DBC would be too small to fund the litigation.

      Also note how they litigate against iinet and not telstra/optus. They are targeting smaller ISP with less resources to defend against litigation.

  • goms on 28/05/2015 - 10:05
    +1

    Shouldn't be a problem if you use private tracker unless those people somehow has access to a private tracker. You are more vulnerable if using public torrents…

    • Doge on 28/05/2015 - 12:39

      Do you know the owner of the tracker? What's to say they won't just give up your information when the RIAA/MPAA attempts to send them to jail for life? You would potentially put you life in the hands of some people on the internet? Who's to say the MPAA is operating the tracker intentionally to catch people (regardless of the legality of that action)?

      Put on your cynic hat mate. You put way to much trust in the fact that you're using a private tracker. Private trackers are full of holes and fundamental flaws.

      • goms on 28/05/2015 - 15:00

        You made a good point there mate. No, I don't trust them but at least you are less vulnerable because in most cases these torrent police don't have access to private torrents and therefore won't be able to find you without getting some sort of warrant to get those private trackers handing out their data.

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