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Company collects data on millions of illegal downloaders in first step to crack down on piracy in Canada

aGENT

By aGENT
in Off-Topic General

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surtur Canucks Regular

surtur

Posted
Posted

The law has been up for about a month or two,they're probably targetting people within that window. The problem they face is that it really wouldn't be worth it to take someone to court for 5000, considering that it's also likely they wouldn't even win that much. If you ever get a letter and a demand for money, I think it's been suggested that you actually just take it to court. Though, if they come at you with a bunch, then yeah, it's probably going to suck.

It's still really a pain in the ass though as far as downloading stuff goes, because it's entirely possible that ISP companies could turn around eventually and threaten to cut you off the internet so they don't have to deal with being hassled.

Though, it should be said, that while the 'wifi' defense can bring up, if you get technical, they'd be able to tell with the MAC address who downloads what. And VPN or not, firewalls or proxy things or not, it's still not impossible for them to make a line to you. It's not to scare people off from downloading, just saying use common sense.

If a company says they have my MAC address and proof it was that computer that Downloaded the movie at that exact time i would have to ask them how the legally accessed that information.

pretty sure the only MAC address the ISP would have would be of the Router hooked up to the Modem not the MAC addresses of the PC's etc hooked up to the router. or i could be completely wrong.

and i am not sure how many routers would actually keep a record of every MAC address that ever hooked up to it..

mine will only show the current ones nothing in the logs..

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DonLever Canucks Third-Line

DonLever

Posted
Posted

From the Globe and Mail

Canadian Internet service provider TekSavvy Solutions Inc. has been ordered to hand over a list of names and addresses of its customers suspected of illegally downloading movies, in a landmark Federal Court decision.

The ruling is sure to grab the attention of millions of Canadian who engage in what is known as “peer-to-peer” file sharing on the Internet, which allows users to share pieces of copyrighted movies or other content for free. But its ultimate impact on anyone who illegally downloads hit films or other content in Canada is harder to predict

In a decision dated Feb. 20, the Federal Court of Canada sided with Voltage Pictures LLC, producer of the Oscar-nominated film The Hurt Locker and ordered TekSavvy Solutions Inc. to produce a list of about 2,000 names and address of customers associated with Internet Protocol (IP) addresses the film company alleges illegally downloaded its movies.

Lawyer James Zibarras, who acted for Voltage, said the decision marks a shift from a 2006 ruling that went against BMG Canada Inc. in its attempt to track down illegal music downloaders.

“That was heralded by many people as a kind of green light for downloading,” Mr. Zibarras said. “This is the first time that case has been reconsidered by the court.”

Mr. Zibarras said users who infringed copyright could face a maximum financial penalty of $5,000 under Canadian law, depending on how many movies they downloaded. He said affected TekSavvy users have already been given notice of the issue by TekSavvy.

“We’re not going to seek their firstborns,” Mr. Zibarras said, arguing that small movie producers have been hurt by the revenue they lose as a result of illegal downloading. “But there has to be some recourse of rights owners.”

In the decision, Federal Court Prothonotary Kevin Aalto applied the test established in the 2006 BMG case, which held that a copyright holder seeking this kind of information must have a real case and must not have any other method of getting the information.

U.S. courts have for years allowed this kind of information be handed over to copyright holders. And this is not the first time a Canadian court has made a similar order: Voltage itself previously secured a similar ruling in Canada, as has another film production company. But lawyers say it is the first time a Canadian court has grappled with the issue so comprehensively.

Still, it remains unclear just how broad the decision’s impact could be.

Intervening in the case, and essentially facing off against Voltage, was University of Ottawa law professor David Fewer, the executive director of the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic. TekSavvy, which is based in Chatham, Ont., took no position in the legal proceedings.

While the decision does force TekSavvy to hand over the list of addresses for Voltage to pursue copyright infringement cases, Mr. Fewer said in an interview that the ruling clarifies what legal tests a copyright holder must meet and also imposes safeguards to block the activity of what are known as “copyright trolls.”

Prof. Fewer had argued that allowing copyright holders to access contact information allows the creation of a “business model” that sends small-time users threatening letters demanding large payments for copyright infringement, as has been seen in the United States. Many people settle and pay instead of going through the greater expense of fighting back in the courts.

Under the Federal Court decision, Voltage will need to have its communications with TekSavvy users approved by the court, and its demand letters will “clearly state in bold type that no Court has yet made a determination that such Subscriber has infringed or is liable in any way for payment of damages.” And any litigation it launches will be managed in connection with this case, the court ruled.

“From my view, it slams the door on the copyright-troll business model in Canada,” Mr. Fewer said

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DonLever Canucks Third-Line

DonLever

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Good thing we voted in Harper and the conservatives. I'm sure the fines collected will go to a good cause.

Can't pin this one on Harper and the Conservatives . It was a Federal Court decision.

In a decision dated Feb. 20, the Federal Court of Canada sided with Voltage Pictures LLC, producer of the Oscar-nominated film The Hurt Locker and ordered TekSavvy Solutions Inc. to produce a list of about 2,000 names and address of customers associated with Internet Protocol (IP) addresses the film company alleges illegally downloaded its movies.

Lawyer James Zibarras, who acted for Voltage, said the decision marks a shift from a 2006 ruling that went against BMG Canada Inc. in its attempt to track down illegal music downloaders.

“That was heralded by many people as a kind of green light for downloading,” Mr. Zibarras said. “This is the first time that case has been reconsidered by the court.”approved by the court, and its demand letters will “clearly state in bold type that no Court has yet made a determination that such Subscriber has infringed or is liable in any way for payment of damages.” And any litigation it launches will be managed in connection with this case, the court ruled.

“From my view, it slams the door on the copyright-troll business model in Canada,” Mr. Fewer said

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Rick Grimes Canucks Third-Line

Rick Grimes

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You realize that its only 1 small company based in Richmond (I think) that's purposely seeding their movies to get IP addresses to sue them? However, the movies they produce are really bad, and I'm sure you guys never have even seen them. I'll find the list..but its a bunch of no name movies.

edit: Here is the movie list guys. Don't download these...and you'll be fine.

Filmography as: Production Company, Distributor, Miscellaneous Company

Distributor - filmography

Miscellaneous Company - filmography

  • Triple Dog (2010) ... Production Services By
  • What Goes Up (2009) ... Production Services Provided By
  • Impulse (2008) (V) ... Production Services Provided By

What a pile of ass.

I'll whipe my butt with whatever "threatening letter" they send me and send it back to them.

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Rick Grimes Canucks Third-Line

Rick Grimes

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Stupid question, how does one get a VPN and how expensive is it?

I suggest this one;

http://www.unblock-us.com/ it's $5 a month and has served me/my family very well, The access to US Netflix - and the ability to avoid blackouts in NHL Gamecenter really make it worthwhile.

But there are free options that are generally more of a pain in the butt! >.<

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CB007 Canucks Third-Line

CB007

Posted
Posted

I suggest this one;

http://www.unblock-us.com/ it's $5 a month and has served me/my family very well, The access to US Netflix - and the ability to avoid blackouts in NHL Gamecenter really make it worthwhile.

But there are free options that are generally more of a pain in the butt! >.<

So it blocks your ISP from identifying you? And can access Hulu and US Netflix?

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