Form Ftule Affidavit ND. 1051 of 2014 Federiai Court of Australia Distric:t Registry: New South Wales Divisicgin: General i CHAMBERS Dallas Buyers Club, LLC and another Prosp active Applicants iiNet Limited and others $1 - "Ii-ei- Respondents Date Af?davit of: Michael Address: 115 North Robertson Boulevard, Suite 20G, Los Angeles California 90048 USA Occupation: Vice President of Royalties and Music Administration Date: i 13 May 2015 Containts [Jocil'iment Details Paragraph Page num er 1 i Affidavit of Michael - 1 2 Annexure being copy of the Undertaking 5 t, Mioijael of 1 15 North Robertson Boulevard, Los Angeles, California 90043 USA, say on oath: 1. am the Vice President of Royalties and Music Administration at Voltage Pictures LLC (Voltage) and I am authorised to make this affidavit on behaif of the Prospective Applicants. Dailas Buyers Club, LLC and Voltage Pictures. LLC. Prospective Filed on behalf of (name a role of party] Prepared by (name of personiiawyer) ?Nathan Law firm {if amicable) . . 5.. ., "Far Email? Address fer service Level 4, 343 . . . . (inciUdBSi?teand postcode[version 2 form approved 09f05f20131 i9 2. Unless indicated otherwise. the facts to which depose in this affidavit are within my own knowledge and belief. Where I depose to matters on information and belief. I believe those matters lto be true. Compiliance with orders 3. EThe Prospective Applicants. whether by themselves or together. have commenced proceedings for ?preliminary discovery and copyright infringement in respect of the ?lm Dallas Buyers Club in a lvarious jurisdictions Litigation). 4. ;The Prospective Applicants have appointed solicitors in the various jurisdictions to represent them in relation the BBC Litigation (Solicitors). 5. am responsible for providing instructions to the Solicitors in relation to any matters arising from the DEC Litigation. 5. When the Solicitors seek instructions from me. I consider any advice provided by the Solicitors to iensure that the Prospective Applicants comply with any orders made by the Court In the relevant i'jurisdiction. DEC Litigation in Australia I T. lThe Prospective Applicants are limited liability companies which have their registered of?ces in the USA. 8. lThe Prospective Applicants do not hold any assets in Australia. 9. iWith respect to the orders made in these proceedings on IS May 2015. I have given instructions to ithe Solicitors in Australia that the Prospective Applicants provide an undertaking to the Court in the ltorm annexed hereto and marked (Undertaking). 10. it have seen the form of the letters which are annexed to the Undertaking. 11. It is my intention to send letters to account holders: his] in the form set out in Annexure to the Undertaking; and in the form ofthat set out in Annexure to the Undertaking to educational institutions. hospitals or similar organisations. where appropriate. 12. 1 Notwithstanding paragraphs 7 and t3. the Prospective Applicants submit to thejurisdiction in circumstances in which it is alleged that the Prospective Applicants have breached the Undertaking. 13. I am aware that if the Prospective Applicants fail to comply with the Undertaking. then this may affect the ability of the Prospective Applicants to seek any damages andior recover costs in any DEC Litigatio taken against alleged copyright infringers. i on Futurje oac Litigat I 14. Given the outcome in these proceedings. the Prospective Applicants intend to make future applications to the Court for preliminary discovery against Other ISPS- I 15. [am aware that if the Prospective Applicants breach the Undertaking. then such a breach may be a discretionary factor which the Court may consider in granting preliminary discovery in any future application tori preliminary discovery made by the Prospective Applicants. by the deportth at Los Angeies in California. use. on May 2015 5 Signature bf d'epon'en't ?apex?0H? Betode me: I A Notary Public or other public officer completing this certi?cate veril'es only the identity of the i individual who signed the document to which . i . this certi?cate is attached. and not the truth- htute California . fulness. accuracy or validity cfthot decoment- til-aunt}r of Los Angeles On May 13. 2th 5 before me. Brianna Brown. Notary Public. personally appeared Michael who ploved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the wilhin instrument and acknowledged to me that he executed the same in his authorized capacity, and thin by his signature on the instrument the person. or the entityr upon behalf of which the person acted. executed the instrument. I certify under PENALTY OF PERIURY under the laws of the State of Calilbrnia that the foregoing paragtfaph is true and correct- and pf?-C?ltl?lj??l. WITNESS rn BRIANNA BRO I 1 t3 Moranreveticmmrosna?l I If 5 Los ANGELES COUNTY 0 Federal Court of Australia District Registry: NSW Division: General Prospective Applicants Second Prospective Applicant Freepective Respondents Second Respondent: Third Respondent: Fourth Respondent: Fifth Respondent: Sixth Respondent: Schedule No. NSD 1051 of 2014 Voltage Pictures LLC Enternode Pty Amnet Broadband Pty Dodo Services Pty Adam Internet Pt};r Widebano? Networks Pty Rule 2302(8) Certificate identifying annexure N0. of 2014 Fedeial Court of Australia Distrlet Registry: New South Wales Division: General Peeseecrwe APPLICANTS mules BUYERS CLUB. LLC and Aner RESEONDEMTS and others This is the annexure marked to the af?davit of Michael Wicketmm sworn on 13 May 2015 beforie me: Signglure W1th the l5 swam A Notary Public. or other public el??cer completing this certi?cate verii'es only the identity of the individual who signed the document to which . I . this cedilicete is attached, and net the truth- State of Cahforma iulness. accuracy or validity ofthet documcm. Courity of Les Angeles 1 Suinseribed and sworn to before me on this 13th day,r of May 2015, by Michael to me on the basis of satisfactory evidence to be the person who appeared before me. BRIANNA BROWN gl COMM. 5 2555514 DTARY Puaec - caureamnii) .. LOS ANGELES COUNTY Dallas Buyers Club. LLC and l?"eltage Pictures. LLC. Prospective behalf?ftname?015mm?! . .. . . Pr pared bvtname ofpersnnilawyerl La firm (?applicable . Te 3? A dress for service Levet 4. 343 Geei?ie?s?t?r'eet. Ebb?t]- state and postcode) I [hie-relish- 2 ferni IN THE FEDERAL COURT OF AUSTRALIA No: NSD 1051 of 2014 NEW SOUTH vaLss DISTRICT REGISTRY PROSPECTIVE APPLICANTS DALLAS BUYERS CLUB, LLC and another RESPONDENTS LIMITED and others UNDERTAKING TO COURT 1. The Prospective Applicants undertake to the Court until further order of the Court that: if a fetter is issued to an account holder whose details have been discovered by the Respondents. then the letter will either be in the form annexed to this undertaking and marked or in the form annexed to this undertaking and marked and they will submit to the jurisdiction of this Court if they breach this undertaking to the Court. Date: Solicitor for the Prospective Applicants Filed on behalf of (name role of Dallas Buyers Club, LLC and 1voltage Pictures, LLC, party) Prospective Applicants Prepared by {name of personilawyer) Nathan Mattock Law firm (if applicable) Marque Lawyers Emaii Address for service Level 4, 343 George Street, Sydney NSW 2000 (inciude state and postcode] . . .. Iii-version 2 form approved 09I05i2013] Federai Court of Australia District Registry: New Division: General Prospective Applicants Second Prospective Applicant Prospective Respondents Second Respondent: Third ReSpondent: Fourth Respondent: Fifth Respondent: Sixth Respondent: Schedule No. NSD 1051 of 2014 Voltage Pictures LLC internode F?tv Amnet Broadband Pty Dodo Services Pty Adam Internet Pty Wideband Networks {t H, [insert account holder's details] Dear [insert name of account holder] XX We act for Dallas Buyers Club, LLC (BBC) and Voitage PictUres LLC (Voltage). BBC is the copyright owner of the film Dallas Buyers Club (Film). Voitage is the exclusive licensee and sales agent of the Fitm. Piracy Piracy is a term used to refer to the iilegal and unauthorised copying. distribution and selling of another?s works in copyright. A common example of piracy is the use of the BitTorrent Network to upload and download copyrighted films without the copyright owners' consent. This is because the uploading and downloading of these films necessarily involves the illegal copying and distribution of such films. There are substantial costs of producing fith which are incurred from the outset of production and are not recuperated until such time as a film is exploited and made available to the public. The ?lm industry, including DB0 and Voltage, rely heavily on consumer sates derived from the box office, TV, Video on demand, legal dovvnloads and streaming to recoup costs which have been incurred in producing a ?lm, including the payment of its staff and other service providers. Independent film makers and producers, such as DB0 and Voltage, rely particularly heavily on consumer sales from TV, Video on demand and legal downloads, as they do not recoup the same amount of costs from the box office as iarger film producers. Piracy of the Film in Australia is significant and widespread. As a result of this piracy of the Film, DBC and Voltage have experienced a significant reduction in consumer sales and have suffered significant loss and damage. BBC and Voltage consider the love! of piracy of the Film to be egregious and. taking into account the profound impact of piracy on them, intend to take legal proceedings against any person who has engaged in piracy of the Film. We are writing to you because an IP address linked to your internet account with {insert} was used to illegally upload the Film. Investigations DB0 and Voltage instructed Maverik UG (Maverik Eye}, which operates a software program that conducts investigations into the unauthorised uploading of copyrighted works both in Australia and overseas, including monitoring of the BitTorrent file distribution network (BitTorrent Network). These investigations have occurred over the past year or so. 3501671'4 Maverik conducts these investigations by using software which downloads the Film from users who make the Film illegally available over the BitTorrent Network. As a result of these investigations, Maverik has identified a number of Internet Protocol addresses (IP Addresses) that have been used to illegally upload the Film for other users of the BitTorrent Network to illegally download. Maverik has identified the IP Addresses from where pirates are illegally uploading the Film. An IP Address is a unique number sequence that can identify the ?address' of an account holder who has access to the internet via. and an account with, an internet service provider (ISP). The BitTorrent Network The BitTorrent Network is a sophisticated peer?to-peer file sharing network which is often used by people to distribute movies and music across the internet without payment to the copyright owner for the retevant work. The BitTorrent Network cannot be ?accidentally' accessed and operated. A person using the BitTorrent Network must actively download software and take active steps to become a pirate on the BitTorrent Network. A pirate using the BitTorrent Network: downloads specialised software; (is) instalis the software on his or her computer; to) ru ns the software: searches for movies or music; downloads the movie or music; and in some cases makes available movies and music on his or her own computer for doWnloading by others on the BitTorrent Network (Le. uploading). A pirate is aware of the steps involved in obtaining movies and music over the BitTorrent Network and is aware that copyright owners have not authorised those steps. DEC and Voltage consider that the accessing and use of the BitTorrent Network is a planned and calculated means by which people knowingly obtain movies and music illegally. Legal means of obtaining movie and music content is available from many sources, including in cinemas, teievision, on-Iine (such as on iTunes) and in retail stores. 350mm 2 Maverik Eye?s evidence Maverik has identified people who have uploaded the Film on the BitTorrent Network. Maverik has identified that the UP Addressle? Addresses] which [wasfwere] allocated to you by [insert [wasiwere] used by a pirate to breach the copyright in the Film across the Network. Maverik has detected that on the following date(s) and times the foilowing IP [Addressies] wasi'were used to upload the Fiim. [insert date, time, film and IP addresses] (Infringing lP [Addressies1]. Why are we writing to you? BBC and Voltage wrote to [insert seeking information which would identify the personal details of the account holder in respect of the Infringing IP [Addressies]. [insert refused to provide this information unless it was required to do so by a Court order. On 6 May 2015. BBC and Voltage obtained an order from the Federal Court of Australia that [insert provide the name and address of the account holder in respect of the Addressies [insert IP Addressies]. The Orders made by the Court are enclosed with this ietter. [insert identified you as the account holder of the Infringing Addressfes. The Court?s order for [insert to disclose your contact information does not mean that the Court has considered any claims by BBC and Voltage in respect of Copyright infringement (as defined below} or that there has been any determination by the Court in respect of your potential liability for Copyright Infringement. Relevant law and damages Pursuant to sections 86 and 101 of the Copyright Act 1968 (Cth), copyright is infringed if a person who is not the owner of the copyright and without the licence of the owner of the copyright does an act including: making copies of the whole or a substantial part of copyrighted works; making copyrighted worits available onitne to other persons for viewing or copying; andior is} electronically transmitting copyrighted works to other persons (together Copyright Infringement). Copyright owners and exclusive licensees are entitled to commence court proceedings in respect of Copyright Infringement. if Copyright Infringement is established, the Court can order that the person or persons responsible for the Copyright infringement pay such damages to the cepyright owners andi'or their exclusive licensees as it considers appropriate in the circumstances, including additional damages. 85ti?i?i?i4 3 II. We set out below the classes of damages that DEC and Voltage intend to pursue. Damages for uploading and downloading the Film BBC and Voltage allege that the uploading of the Film amounts to Copyright Infringement for which BBC and Voltage are entitled to seek the payment of damages (Piracy). Piracy includes the unauthorised distribution of the Film. Voltage has entered into exclusive distribution agreements in respect of the Film both in Australia and overseas. Piracy negatively affects the value of those agreements and any future agreements which DBC andfor Voltage may enter into in respect of the Film andmr future productions. As such, BBC and Voltage are entitled to seek the payment of damages for Piracy. It can also be inferred from Piracy that the Film was dowoloaded without consent from BBC before being subsequently made available for uploading. The unauthorised downloading of the Film atso constitutes Copyright Infringement for which D80 and Voltage are entitled to damages. Additional damages BBC and Voltage are also entitled to seek additional damages against a pirate pursuant to section 115(4) of the Copyright Act. The circumstances that a Court may have regard to in assessing additional damages include: the flagrancy of the infringement; the need to deter similar infringements of copyright; the conduct of the person who infringed copyright after the act constituting the infringement or, if relevant. after that person was informed that the person had allegedly infringed copyright; and any bene?t shown to have accrued to the person by reason of the infringement. Out of pocket expenses BBC and Voltage are out of pocket for legal costs which they incurred in obtaining your name and address from [insert These costs form part of the damage suffered by BBC and Voltage to which they are also entitled to claim from any pirate. What does this mean? We have reason to believe that you are. as the account holder in respect of the Infringing IP [Addressles], or another person with access to the IP [Addressi'es] allocated to you is, responsible for engaging in Piracy. same-n4 4 i2. DEC and Voltage have the right to commence proceedings in the Federal Court of Australia against any party that it alieges has engaged in Piracy. Prior to commencing proceedings. BBC and Voltage are obliged to take genuine steps to attempt to resolve a dispute. This obligation is set out in the Civil Dispute Resolution Act 2011r (Cth). Such steps can involve notifying the other person of the issues that are or may be in dispute. offering to discuss them and providing relevant information and decuments to help them understand the issues invotved and how the dispute might be resolved. As such, it there is anything in this letter that you do not understand, or you require further information about Piracy referred to in this letter, please let us know. Alternativety, we suggest that you obtain independent legal advice in respect of this letter. What if you deny the infringing Conduct? if you deny engaging in Piracy, then please let us know the basis on which you deny it by providing a written response to this tetter. In this response, you should include the details of the person whom you believe engaged in Piracy, including their fuli name, address, phone number and email address. We request that you provide a copy of this ietter to that person. If the person whom you believe to have engaged in Piracy is under 18 years of age. then please: 1. provide us with the full name and address of that person; 2. confirm that that person is under 18 years of age; 3. confirm whether you are the parent or guardian of that person; and 4. whether you are authorised to engage with us on behalf of that person in respect of the matters set out in this letter. If you deny engaging in Piracy and do not provide details of another person who you suspect did, then BBC and Voltage may compel this information from you by commencing Court proceedings against you for preliminary discovery by seeking an order that you attend Court to answer questions about Piracy and deliver up your computer for analysis to verify any denials you make. What if you agree that you engaged in Piracy? If you admit that you engaged in Piracy, BBC and Voltage are prepared to settle the dispute on the following basis. 1. You provide an undertaking not to engage in Piracy in respect of the Film, or permit or authorise others to do so. in the form set out in Annexure to this letter. 2. You undertake to delete any copies of the Film from any hard drive or operating system and any copies saved to external storage devices, other than any copyrighted works owned by DEC 85131 6W4 5 lg. andior Voltage that you have obtained iegitimately. We aloe suggest you stop making any other copyrighted works available online across the EiitTorrent Network. 3. You contact [insert telephone number] to negotiate settlement with BBC and Voltage. Next Steps it you admit that you engaged in Piracy and no settlement can be reached, then D30 and Voltage may commence proceedings against you for Copyright Infringement. If Court action is taken against you in respect of Piracy, then BBC and Voltage may be entitled to seek the following relief from the Court: 1. an injunction to restrain you from further engaging in Piracy; 2. a declaration that you have breached the Copyright Act 1968 (0th); 3. damages for both the Uploading and downloading of the Film: 4. damages for the legal costs incurred by BBC and Voitage in obtaining your account holder information from [insert for which they are out of pocket; 5. additional damages; and 6. costs of taking action against you. Piease respond to this letter, in writing, within 23 days from the date on the front page of this letter. If you do not, then court action may be commenced against you without further notice. Yours sincerely asoiem Fl: Annexure UNDERTAKING OF [insert] to DALLAS BUYERS CLUB, LLC AND VOLTAGE PICTURES LLC In consideration of the Dallas Buyers Club. LLC and Voltage Pictures LLC refraining from taking action against or name of company]. or name of company]. [insert name]i[insert name of company] agree[s] and undertake[s] to Dallas Buyers Club, LLC and Voltage Pictures LLC as follows. 1. licompany will immediately delete all copies of the film Dallas Buyers Club from myr'company?s hard drive and operating system and any copies saved to external storage devices. other than any copies of Dallas Buyers Club that licompany havefhas obtained legitimately. 2. li'company wili refrain from doing any act Which amounts to copyright infringement in respect of the Dallas Buyers Club. Or 3. [insert name of company]. whether by itself. its directors. servants. agents. employees, will refrain from doing any act which amounts to copyright infringement in respect of the Dallas Buyers Club. Date: 3501 4 Signed by [insert name] in the presence ofName of witness (print) OR Executed by [insert name of company] in accordance with 12? of the Corporations Act 2001 {CthName of director (print) 35016TrSignature of [insert nameName of directoricompeny secretary (print) [insert account holder's details] Dear [insert name of account holder] XX We act for Dallas Buyers Club, LLC (DEC) and Voltage Pictures LLC (Voltage). DEC is the copyright owner of the film Dallas Buyers Club {Film}. Voltage is the exclusive licensee and sales agent of the Film. Piracy Piracy is a term used to refer to the illegal and unauthorised copying, distribution and selling of another's works in copyright. A common example of piracy is the use of the BitTorrent Network to upload and download copyrighted films without the copyright owners' consent. This is because the uploading and downloading of these films necessarily involves the illegal copying and distribution of such ?lms. There are substantial costs of producing films which are incurred from the outset of production and are not recuperated until such time as a film is exploited and made available to the public. The film industry, including DEC and Voltage. rely heavily on consumer sates derived from the box office, TV, video on demand, iegat downloads and streaming to recoup costs which have been incurred in producing a film, including the payment of its staff and other service providers. Independent film makers and producers. such as DEC and Voltage, rely particularly heavily on consumer sales from TV, video on demand and legal downloads. as they do not recoup the same amount of costs from the box office as larger film producers. Piracy of the Film in Australia is signi?cant and widespread. As a result of this piracy of the Film, D80 and Voltage have experienced a significant reduction in consumer sales and have suffered significant loss and damage. 030 and Voltage consider the level of piracy of the Film to be egregious and, taking into account the profound impact of piracy on them, intend to take legal proceedings against any person who has engaged in piracy of the Film. We are writing to you because an address linked to your internet account with [insert] was used to illegally upload the Film. Investigations D80 and Voltage instructed Maverik UG [Maverik Eye), which operates a software program that conducts investigations into the unauthorised uploading of copyrighted works both in Australia and overseas, inciuding monitoring of the BitTorrent fiie distribution network (BitTorrent Network). These investigations have occurred over the past year or so. 1256335! 1 Maverik conducts these investigations by using software which downloads the Film from users who make the Film illegally available over the BitTorrent Network. As a result of these investigations, Maverik has identified a number of internet Protocol addresses {iP Addresses) that have been used to illegally upload the Film for other users of the BitTorrent Network to illegally download. Maverik has identified the IP Addresses from where pirates are illegally uploading the Film. An IP Address is a unique number sequence that can identify the 'address? of an account holder who has access to the internet via. and an account with. an internet service provider The BitTorrent Network The BitTorrent Network is a sophisticated peer-to-peer file sharing network which is often used by people to distribute movies and music across the internet without payment to the copyright owner for the relevant work. The BitTorrent Network cannot he ?accidentally? accessed and operated. A person using the BitTorrent Network must activer download software and take active steps to become a pirate on the BitTorrent Network. A pirate using the BitTorrent Network: downloads specialised software: (to) installs the software on his or her computer; runs the software; searches for movies or music; downloads the movie or music; and in some cases makes available movies and music on his or her own computer for downloading by others on the BitTorrent Network (to. uploading}. A pirate is aware of the steps involved in obtaining movies and music over the Elit'i'orrent Network and is aware that copyright owners have not authorised those steps. BBC and Voltage consider that the accessing and use of the BitTorrent Network is a planned and calculated means by which people knowingly obtain movies and music illegally. Legal means of obtaining movie and music content is available from many sources, including in cinemas. television, on-Iine (such as on iTunes) and in retail stores. 1256335? 2 Maverik Eye's evidence Maverik has identified people who have uploaded the Film on the BitTorrent Network. Maverik has identi?ed that the AddressilF' Addresses] which [wasiwere] allocated to you by [insert [wasiwere] used by a pirate to breach the copyright in the Film across the BitTorrent Network. Maverik has detected that on the following date(s} and times the foltowing IP [Addressfes] wasl'were used to upload the Film. [insert date. time, fiim and IP addresses} (Infringing IP Addressfes). Why are we writing to you? DEC and Voltage wrote to [insert seeking information which would identify the personal details of the account holder in respect of the Infringing IP [Addressies]. [insert refused to provide this information unless it was required to do so by a Court order. On 6 May 2015. BBC and Voltage obtained an order from the Federal Court of Australia that [insert provide the name and address of the account holder in respect of the IP Addressies [insert IP Addressr?es]. The Orders made by the Court are enclosed with this letter. [insert identified you as the account holder of the Infringing IP Addressfes. The Court?s order for [insert to disclose your contact information does not mean that the Court has considered any claims by BBC and Voltage in respect of Copyright Infringement (as de?ned below} or that there has been any determination by the Court in respect of your potential liability for Copyright Infringement. Relevant law and damages Pursuant to sections 86 and 101 of the CopyrightAct 1968 [Cth]. copyright is infringed if a person who is not the owner of the copyright and without the licence of the owner of the copyright does an act including: making copies of the whole or a substantial part of copyrighted works; making copyrighted works available online to other persons for viewing or copying: andfor electronically transmitting copyrighted works to other persons (together, Copyright Infringement). Copyright owners and exclusive licensees are entitled to commence court proceedings in respect of Copyright Infringement. It Copyright Infringement is established, the Court can order that the person or persons responsible for the Copyright infringement pay such damages to the copyright owners andror their exclusive licensees as it considers appropriate in the circumstances, including additional damages. 12553351?! 3 We set out below the classes of damages that BBC and Voltage intend to pursue. Damages for and downioadino the Fiim BBC and Voltage allege that the uploading of the Film amounts to Copyright Infringement for which [330 and Voltage are entitled to seek the payment of damages (Piracy). Piracy includes the unauthorised distribution of the Film. Voltage has entered into exclusive distribution agreements in respect of the Film both in Austraiia and overseas. Piracy negatively affects the vatue of those agreements and any future agreements which DBC andior Voltage may enter into in respect of the Film andior future productions. As such, BBC and Voltage are entitled to seek the payment of damages for Piracy. It can also be inferred from Piracy that the Film was downloaded without consent from 030 before being subsequently made avaitabte for uploading. The unauthorised downloading of the Film also constitutes Copyright infringement for which BBC and Voltage are entitled to damages. - Additional damages The circumstances that a Court may have regard to in assessing additional damages include: the ?agrancy of the infringement; the need to deter similar infringements of copyright; the conduct of the person who infringed copyright after the act constituting the infringement or, if relevant, after that person was informed that the person had allegedly infringed copyright; and any bene?t shown to have accrued to the person by reason of the infringement. Out of gocitet expenses BBC and Voltage are out of pocket for legal costs which they incurred in obtaining your name and address from [insert These costs form part of the damage suffered by BBC and Voltage to which they are also entitled to claim from any pirate. What does this mean? Based on the information provided to us by [insert and subsequent investigations undertaken, it is apparent that your account is or has been used to provide internet to [insert institution] and that such internet is accessible to the public or to designated users that have been provided with login details to computers physicaily connected to your network. Accordingiy, we have reason to believe that someone with access to the EP Addressies allocated to you is responsibie for engaging in the Infringing Conduct. 4 lo. Required conduct If you know or believe that you know who engaged in the Infringing Conduct. please provide us with the details of the person whom you heiieve it is that engaged in the Infringing Conduct, including their full name, address. phone number and email address. We also request that you provide a copy of this letter to that person. if you do not know who engaged in the infringing Conduct, it may assist you to identify the individual by performing a scan of all computers connected to your network to determine whether any computers have installed BitTorrent Clients which connect to the BitTorrent Network. If you are unable to or do not provide us with the above information. then DEC andior Voltage may need to commence proceedings against you for preliminary discovery in order to make further inquiries to identify the person who engaged in the infringing Conduct. However, prior to commencing proceedings. DBC andior Voitage is obtiged to take genuine steps to attempt to resotve a dispute. This obligation is set out in the Civii Dispute Resoiution Act 2011 (Cth). Such steps can involve notifying the other person of the issues that are or may be in dispute. offering to discuss them and providing relevant information and documents to help them understand the issues involved and how the dispute might be resolved. If there is anything in this letter that you do not understand, or you require further information about the Infringing Conduct, ptease let us know. Alternatively. we suggest that you seek independent legal advice in respect of this letter. Proposed course of action On the basis that your account is used to provide internet to [insert institution] and the manner in which users access your network, 030 and Voltage may agree not to take any further action against you on the basis that you implement certain measures aimed at preventing future instances of copyright infringement on your network. BBC and Voltage propose that you implement various measures to ensure that your users do not engage in any further copyright infringement including but not limited to: 1. informing users that copyright infringement of the Film was detected on your network; 2. an agreed education program which provides information to users of your network of responsible use of the internet and informalion regarding the effect of illegal downloading and uploading of copyrighted works; 3. notifications to wifi users connecting to your network that they are not permitted to use BitTorrent Network on their devices; 4. performing a scan of all computers connected to your network to determine whether any computers have installed BitTorrent Clients which connect to the BitTorrent Network and enable the sharing of copyrighted works and delete any such programs; and oceans 2t. 5. a requirement that all computers connected to your network require an administrator's password to install software which connects to the BitTorrent Network. to restrict the installation of BitTorrent Clients and use of BitTorrent Network on such computers. Subject to receiving further information from you, BBC and Voltage are wilting to work with you to tailor the proposed measures so that they are suitable to the environment in which your network operates. Further. BBC and Voltage are willing to work with you to develop the content of the education program to be deployed to the relevant users of your network. Next steps Please respond to this letter. in writing, within 28 days from the date on the front page of this letter. If you do not. then court action may be taken against you without further notice. Yours sincereiy 6