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Download The Hurt Locker: Canadian Internet users continued
Alain McKenna, Editor The Press
November 28, 2011 | 09 h 01
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The studio that produced The Hurt Locker (pictured) of Quebec Internet threat of prosecution if they do not pay the sum of $ 1500 each. - Photo: AP / Summit EntertainmentTaille text
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Unable to charge of U.S. Internet users have downloaded and English for his film The Hurt Locker (Locker, in French) by the BitTorrent protocol, the American studio Voltage Pictures arrives in Canada, threatening to turn Quebec Internet prosecuted s' they did not pay immediately the amount of $ 1,500 each.
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Last week, the law firm Goudreau Gage Dubuc and was commissioned to write a letter of formal notice to nearly thirty Quebec Internet. In September, Voltage Pictures has obtained a federal court order requiring service providers Bell, Cogeco and Videotron to provide the identity of 30 of their customers they suspect of violating his copyright.
These were identified from the Internet address ("IP") modem that provided them these three companies to access the internet. The same method used by the American studio United States and the United Kingdom, where over 25,000 similar lawsuits are already underway. In both countries, no prosecution has yet been set for Voltage Pictures.
Identification method
In Canada too, this method of identification raises questions, since it does not identify beyond doubt the user who downloaded a particular file. This could be another family member, neighbor or a pure stranger, if access to the customer's network is not well protected, said Howard Knopf, a lawyer specializing in intellectual property and entitled to the internet firm Macera & Jarzyna in Ottawa
"It raises the strong possibility that there is mistaken identity and that the client is not the one who actually downloaded the film," he said, noting that this argument is that the prosecution was derailed similar started in 2004 by representatives of the music industry.
"At the time, they tried to prosecute minors and even the deceased. It has greatly harmed the image of the industry, "he adds. According to the lawyer, this may mean that the U.S. studio will not go to the end of his threats, rather than by mechanical rolling to scare users covered by its warnings.
And it seems to work, at least in part. Voltage Pictures and the firm Goudreau Gage Dubuc and refuse to comment publicly on the matter, but a source close to the record supports that part of the persons mentioned by the producer quickly contacted it to resolve the dispute "in a manner or another. "
However, all will not pay the $ 1,500 required. Under the condition of anonymity, at least one of the defendants told the press that he would await the verdict of a judge. In that and other targeted individuals, Mr. Anthony Hemond, telecommunications analyst for Consumers Union in Montreal, still recommend to consult a lawyer, because the penalty, if any, may reach $ 20 000, according to the Law on Copyright.
"They have an interest to come together to share the cost of a good defense, because the studio could decide to go through with his approach," he said.
Bell, Cogeco and Videotron stigmatized
Interestingly raised by both counsel, users referred to in this case reside in Quebec and are customers of suppliers Bell, Cogeco and Videotron. However, this is a federal issue, which applies to the entire country. Customers of Rogers, Shaw and Telus are they all absent from BitTorrent?
Not necessarily, Mr. Knopf noted, according to Bell and Videotron, in particular, have a historical bias in favor of industry. "In 2004, Shaw and Telus had defended the right to privacy of their customers. Bell has done nothing, while Vidéotron was on the side of the industry. Maybe if they had defended their clients at the time, there would be no prosecution today, "he said.
Anthony Hemond me agrees. He adds: "They could have more appeal and defend the privacy of their customers. One may ask about the degree of respect they show towards their customers and their privacy. "
Copyright open redefinition
The copyright is being redefined in Canada. It's been years that the government is trying to revise the definition to reflect the new digital reality. The proposed new version, Bill C-11, does not suit everyone, but it at least has the merit of better control where the law seems to have been violated.
In his letter sent to users targeted by Voltage Pictures in the case of the film The Hurt Locker, the firm Goudreau Gage Dubuc and cited two previous cases where people have been convicted. The penalty was set at $ 5,000 in the first case and $ 1,000 per film for 14 films, in the second.
Right now, the Law on Copyright remains rather vague about the seriousness of such offenses. If they were convicted, the defendants could be fined from 500 to 20 000 USD, an amount left to the judge's background and intentions of the person deemed at fault. If Bill C-11 is accepted before we make it that far, these amounts would be adjusted downwards, the limit proposed by C-11 is $ 5000.
The website of the Public Interest Clinic and Internet Policy in Canada (CIPPIC.ca), among others, provides tools for users keen to learn about the legal framework surrounding the download protocol for peer-to-peer, and for more information on Bill C-11.
