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Download Dallas Buyers Club illegally? Filmmaker launches unprecedented crackdown on pirates
PUBLISHED : Monday, 13 April, 2015, 6:17pm
UPDATED : Monday, 13 April, 2015, 9:55pm
Reuters in Singapore
Matthew McConaughey in Dallas Buyers Club. People who download the film illegally are now being targeted. Photo: SCMP Pictures
Academy Award-winning movie Dallas Buyers Club is earning fame in Asia, not for its cinematic merits, but as a cautionary tale for thousands of people who could face legal action for illegally sharing the 2013 film.
The film’s co-producer Voltage Pictures has obtained court orders in Singapore and Australia, forcing Internet Service Providers (ISPs) to reveal the names of hundreds of suspected offenders who downloaded and shared the film illegally.
The scale of the crackdown has been unprecedented, identifying more than 500,000 unlawful distributors worldwide, according to Voltage Pictures.
The film’s co-producer Voltage Pictures has obtained court orders in Singapore and Australia, forcing Internet Service Providers (ISPs) to reveal the names of suspected offenders. Photo: SCMP Pictures
“We can only pursue a small proportion, but the hope is that that will be sufficient to raise awareness of this massive problem,” said Michael Wickstrom, vice-president of Royalties and Music Administration at Voltage Pictures, said. in an email.
The film, for which Matthew McConaughey won an Oscar for best actor, is about a homophobic, rodeo-loving Texan who contracts AIDS and becomes an unlikely saviour for gay patients and drug addicts desperate for treatment.
The legal case has sent shivers down the spine of illegal downloaders globally.
“Everyone is now warning each other not to download illegally online,” said a 24-year-old Singaporean studying in the United States, who wished to be known only as Clement.
Voltage Pictures has not demanded specific damages, but alleged infringers are being invited to make a settlement offer. Failure to comply will result in legal action, said Samuel Seow Law Corporation, legal representative for Voltage Pictures in Singapore.
But Wendy Low, a lawyer from Rajah & Tann who has been contacted by some alleged infringers for legal advice, said court proceedings were usually not pursued in cases of small-scale downloads because of the legal costs.
“The damages recoverable may be pegged to the price of a licensed movie download or a DVD, and this may outweigh the legal fees and investigation costs involved,” she said.
Dallas Buyers Club case: Complaint filed against US studio's lawyers here
Internet Society accuses it of bullying alleged downloaders to settle claims
Published on Jun 23, 2015 8:16 AM
Cinema still from the movie Dallas Buyers Club starring Jared Leto (left) and Matthew McConaughey. -- PHOTO: SHAW
By Irene Tham Technology Correspondent
SINGAPORE - The Internet Society (Singapore) has filed a complaint against the local law firm representing Hollywood studio Voltage Pictures, saying it is "bullying" alleged illegal downloaders of its movie Dallas Buyers Club into paying settlement fees.
The complaint, filed with the Law Society late last week, centres on Samuel Seow Law Corp's two lawyers having breached ethical guidelines with the use of criminal threats in demand letters sent to Internet users.
Mr Harish Pillay, president of the Internet Society (Singapore), said the non-profit organisation - which promotes the use of the Internet - does not condone illegal downloading. But he added: "It is not fair to threaten people who are not trained in the law with criminal proceedings in a letter to further civil claims."
The first batch of letters, penned by lawyers Robert Raj and Lee Heng Eam, was sent out in early April to 77 M1 Internet subscribers.
Urging aggrieved subscribers to complain to the Law Society, Mr Pillay said that such threats amount to "bullying". He added: "We have to make a stand and urge the relevant authorities to enforce the ethical boundaries which have already been set."
The letters, seen by The Straits Times, spell out a maximum fine of $50,000 or imprisonment not exceeding three years, or both, under Section 136(3) of the Copyright Act. It also specified a maximum fine of $20,000 or a maximum jail term of six months, or both, under Section 136(3A) of the Act.
However, the Law Society's Practice Directions and Rulings 1989 - a set of ethical guidelines for lawyers - states: "It is improper for a solicitor to communicate in writing or otherwise a threat of criminal proceedings in order to achieve a stated objective in any circumstance." The Law Society declined to comment on whether it has received the complaint.
Mr Samuel Seow, managing director of Samuel Seow Law Corp, is distancing himself from the case. "I have been advised by the lawyers concerned that the letter is not in breach of the Law Society's practice directions," he said.
Last week, more demand letters - possibly hundreds - were sent to Singtel and StarHub users.
Seen by The Straits Times, they refer to the same criminal proceedings but the threats are "more implicitly worded", according to intellectual property lawyer Cyril Chua of ATMD Bird & Bird.
The three Internet service providers - Singtel, StarHub and M1 - were compelled by the Singapore High Court to release subscribers' details linked to some 500 Singapore Internet protocol addresses at which the movie was allegedly downloaded.
Mr Seow declined to reveal how many Internet users have offered to pay damages and whether their offers have been accepted.
A Straits Times check with the courts yesterday showed that no writ of summons has been filed against any illegal downloader here. Meanwhile, those who have received the letter of demand can seek free legal advice from the Intellectual Property Office of Singapore's IP Legal Clinic.
The three Internet service providers - Singtel, StarHub and M1 - were compelled by the Singapore High Court to release subscribers' details linked to some 500 Singapore Internet protocol addresses at which the movie was allegedly downloaded.
