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No Appeal – But Dallas Book Club Plans To Soldier On

No Appeal - But Dallas Book Club Plans To Soldier OnDBC LLC was refused access to the Australians’ details
after Justice Nye Perram last month took issue with two of its four proposed
methods of calculating the amount of damages to be pursued from an individual,
claiming the two were “untenable”.

The American company had proposed charging identified pirates for the basic
cost of a single copy of the movie file; another sum for each person claimed to
have accessed the file; punitive damages; and a claim for damages relating to
what DBC would claim were its costs in obtaining to user’s details.

It also planned to demand details of an infringer’s annual salary and online
file sharing activities to determine the size of the penalty it planned to
charge.

The judge said he had no issue with claiming for a single legitimate copy of or
for seeking damages relating to costs in obtaining the account holder’s
details, but ruled that the other claims were untenable.

DBV had 14 days from his mid-August ruling to appeal, but has decided against
it.

“Appeals are always hard, it’s an expensive course, and it’s unpredictable
– if one judge has taken a particular view, you’re taking a gamble on whether
three other judges are going to take a different view,” lawyer Michael
Bradley told Web site iTNews.

He said DBC plans to rework its damages proposal and resubmit it to the court
in its bid to access account holder details.