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Content

@videotron.ca

New Canadian Bittorrent lawsuit: Who shared "Recoil"?

Canadian BitTorrent Users Targeted for the First Time by Canadian Studio
»copyrightenforcement.ca/canadian···-studio/

Yesterday morning, the Federal Court in Montreal ordered the disclosure of the names and addresses of approximately 50 individuals who alleged illegally copied and distributed copyrighted materials belonging to Canadian Film Producer, NGN Prima Productions.

This is the first time a Canadian studio has sought damages in a Canadian court against Canadian BitTorrent users.

View … Court Order, NGN vs Does

As written, the order will compel Canadian ISPs to release identifying information for the customers associated with the infringing IP addresses.
... continues...

Anyone have the 50 IP's in question?

In addition, this Canadian studio has launched lawsuits in both Boston and Florida.

Montreal Court Order:
»copyrightenforcement.ca/wp-conte···real.pdf

Info on the Boston and Florida cases:
»copyrightenforcement.ca/canadian···sharing/

This now marks the first time a Canadian company is pulling American tactics.



mazhurg
Premium
join:2004-05-02
Brighton, ON

Re: New Canadian Bittorrent lawsuit: Who shared "Recoil&quo

And this comes as a surprise how?

Folks are going to find out that the law passed earlier has a lot more effects than thought.



Content

@videotron.ca
reply to Content

These ISP's seem to be the source of the 50-IP's being sued.

1. 3 Web Corp., (Same as distributel)
2. Access Communications Co-Operative Limited, (Never heard of them)
3. ACN Inc.,
4. Distributel Communications Ltd.

Anyone have all the info on what went down and how the above companies may or may not have tried to protect their customers rights?

Someone have the proper court records? Or can get them?



dillyhammer
START me up
Premium
join:2010-01-09
Scarborough, ON
kudos:10
Reviews:
·WIND Mobile
·Start Communicat..
reply to Content

The new paradigm for movie studios small and large, foreign and domestic.

1. Make a shit movie.
2. Lower marketing and distribution budget to $0
3. Set up honey pots by uploading their own torrent.
4. Sue unsuspecting users based on an IP address that can be spoofed with trivial knowledge and tools.

Mike
--
Cogeco - The New UBB Devil -»[Burloak] Usage Based Billing Nightmare
Cogeco UBB, No Modem Required - »[Niagara] 40gb of "usage" while the modem is unplugged


msharif

join:2011-06-22
London, ON
reply to mazhurg

I haven't been following canadian ip or copyright law. Can I get a link?


Samgee

join:2010-08-02
canada
kudos:2
reply to Content

Dear NGN Prima Productions,

Thank you for your letter. I have investigated and found that my wifi was open and thus anyone could have used my internet connection (and thus my IP address) without my knowledge to download the file you have mentioned. I have added a password to my router and do not expect this to happen again. Thank you for bringing this to my attention. For the above reason, I will be unable to provide you with the settlement you have requested.

Sincerely,

Alleged Pirate.



mazhurg
Premium
join:2004-05-02
Brighton, ON
Reviews:
·MTS
reply to msharif

said by msharif:

I haven't been following canadian ip or copyright law. Can I get a link?

»laws-lois.justice.gc.ca/eng/acts···dex.html

Enjoy

Kane Hart

join:2012-11-17
reply to Content

Funny they set up Honey Pots. Clearly if the companies themselves are caught by forging fake materials then that's false advertising and we should sue them based on not pirating the proper materials we wanted.



fishing rod

@videotron.ca
reply to msharif

said by msharif:

I haven't been following canadian ip or copyright law. Can I get a link?

www.google.ca?

What the New Copyright Law Means For You
»www.michaelgeist.ca/content/view/6695/135/

Canadian Copyright Reform In Force: Expanded User Rights Now the Law
»www.michaelgeist.ca/content/view/6692/125/

Government To Delay Implementation of Bill C-11's Internet Provider Rules
»www.michaelgeist.ca/content/view/6686/125/

use google to find more?


sikk
Yawn
Premium
join:2002-05-29
reply to Content

Shouldn't they be happy that 50 people have at least heard of their shitty movie? I mean, it is a movie, right?



heh

@videotron.ca

said by sikk:

Shouldn't they be happy that 50 people have at least heard of their shitty movie? I mean, it is a movie, right?

No clue.

I only ever heard of hurt locker when they started suing Canadians, »Hurt Locker P2P Lawsuit Comes to Canada

So maybe it's all a marketing ploy? Sue as many people as possible to get your movie known so you can make sales?

Possible

Wouldn't surprise me either

cog_biz_user
i ruin threads apparently

join:2011-04-19
Hamilton, ON

said by heh :

I only ever heard of hurt locker when they started suing Canadians, »Hurt Locker P2P Lawsuit Comes to Canada

what ever happened with that? i remember a few cogeco users being on that list...


heh

@videotron.ca

Hurt locker poeple backed off


funny0

join:2010-12-22
reply to dillyhammer

said by dillyhammer:

The new paradigm for movie studios small and large, foreign and domestic.

1. Make a shit movie.
2. Lower marketing and distribution budget to $0
3. Set up honey pots by uploading their own torrent.
4. Sue unsuspecting users based on an IP address that can be spoofed with trivial knowledge and tools.

Mike

if you can prove that, its illegal and called extortion!
THATS the RUB....you can't.


ChuckcZar

@teksavvy.com
reply to Content

NGN Prima Productions will be laughed at by the judicial system when they're made aware of the Canada's prehistoric and draconian bit caps. The judge will get a good laugh anyway.



Snooky

@eastlink.ca
reply to Content

The data was collected in September and October, but didn't C-11 come into effect on November 7th?



shrug

@videotron.ca

said by Snooky :

The data was collected in September and October, but didn't C-11 come into effect on November 7th?

C-11 has no baring on this, other than new minimum "damages". People could always have been sued.


Content

@videotron.ca
reply to Content

Company collects data on millions of illegal downloaders in first step to crack down on piracy in Canada
»www.vancouversun.com/technology/···ory.html

Case marks beginning of crackdown on Internet piracy in Canada

The company collecting info on Millions of Canadians is called Canipre. Operated out of Montreal for the entertainment cartels and those who hold Entertainment rights in Canada (Bell, Rogers, Cogeco Videotron etc) "to maximize their revenue streams and market opportunities".

Canipre also recently opened "an end user remediation system". Which I guess means that they will allow you to settle a claim... say for 5000$ instead of you wasting money going to court costing you tens of thousands. So now you can just pay them instead and they will keep a cut for grabbing your IP and what you do on the net and holding you ransom to their blackmail.

How quaint.

So millions of Canadians are in their system now.

Funny how I see nothing on Geist about this... Or nothing from PrivCom about this business model of blackmailing someone based on an IP which may not even be correct. ...So much for them.

Kind of sad how the content providers themselves in Canada are also the ones also holding your IP address, eh.



random

@teksavvy.com

If they have around 1 million distinct IP addresses record, then 1 out of 30 person in Canada can be sued/ransomed.

Stats Can average Canadian household size is around 2.5 which means it is about 1 in 12 households!
»www.statcan.gc.ca/tables-tableau···-eng.htm

So next time when there is someone knocking the door with a big envelope at the door, it is more likely to be a lawyer than someone from publishers clearing house.

Expand your moderator at work


MJB

join:2012-01-29
reply to random

Re: New Canadian Bittorrent lawsuit: Who shared "Recoil&quo

Everything is downloading..
Email, web surfing, YouTube, iTunes, Facebook, Google.
YouTube is next for copyright claiming idiots. Riaa and mpaa
. The Internet is going to be ****** in the next couple of years.
Thank corporations...


analog andy

join:2005-01-03
Surrey, BC

Keep your wifi open and keep a cheap netbook on hand to download what you want. They come a knocking you don't know anything and for all you know it could have been someone in the neighbourhood.



J E F F
Whatta Ya Think About Dat?
Premium
join:2004-04-01
Kitchener, ON
kudos:1
Reviews:
·Rogers Portable ..
reply to Content

Nothing to worry about though:

quote:
The law generally tries to target genuinely "bad actors", while leaving individuals alone. For example, the law now includes a cap of $5,000 for all non-commercial infringement (commercial infringement can result in liability of $20,000 per infringement). The change reduces the likelihood of lawsuits against individuals for non-commercial activities, including unauthorized downloading or mistaken reliance on fair dealing.
They'd need to take a NON-COMMERCIAL user (in other words, these kids downloading movies illegally) to court, maximum value is $5,000 for ALL (keyword) infringements. Now, if it is for commercial (someone selling copied version of the latest Twilight) purposes, then it would be $20,000 PER (keyword) infringement.

I do believe that sending a lawyer at $300 (at least) an hour to a courthouse to spend a day at court (total daily cost of at least $2,000 -- roughly 1/2 court day ($1,200) plus $800 for travel time and costs) hardly seems worth it.

Of course, users now can just find better ways to download content or simply turn off the sharing portion of their torrenting.
--
If you can't explain it simply, you don't understand it well enough. - Albert Einstein


Content

@videotron.ca
reply to Content

Oops, I missed this part, per the article:

There is going to be another lawsuit coming. It's in the works right now and involves thousands of Canadian IP's.

LOL

Now is a good time to start a similar blackmail company in Canada. Not too difficult to do.



um

@videotron.ca
reply to analog andy

said by analog andy:

Keep your wifi open and keep a cheap netbook on hand to download what you want. They come a knocking you don't know anything and for all you know it could have been someone in the neighbourhood.

Umm yeah.

Seriously do you think some school yard trick like this is going to get you off?

1. Legal letter spelling out they have your IP and got your name from your ISP.

2. In the letter they demand 3,500$ or they will bring legal action on you.

3. Don't pay and they will bring you to court for the full legal amount of 5,000$

4. You don't get to plead ignorant at this point. You pay or go to court. End of story.

5. You don't pay, so you have to hire a lawyer. A minimum of a few grand there. Minimum.

6. In court you can play dumb. No one cares. Burden of proof will be on you to prove your innocence while they slap down paperwork showing your IP and name associated to the IP given to them from your ISP.

7. What? You need an expert witness on your behalf to say what flaws if any exist in their methods? That's a few grand more.

8. Judge says ok your not guilty. You are out of pocket by now a minimum of 6 grand. Minimum. Which is about 3-grand more than what they demanded to begin with.

9. or you are found guilty. So now you paid your lawyer, the expert plus the 5,000$ fine allowed by law. That is about 11,000$, minimum. More if you have to pay their legal costs, if that's applicable here, which it might likely be since you refused to settle to begin with. So now that's around 11,000$ plus their high priced lawyers and their experts and whatever else. Who knows. Who cares at this point.

The system is now set-up like the states. Pay now or pay more later. It's an entire payola blackmail scheme like in the states.

So when you get your letter, are you really going to play dumb and go to court instead of paying 3500$?

What if you are really innocent? Doesn't matter. We now have a payola blackmail scheme in place. You will pay 10-grand or more to fight it.

Meanwhile Bell and Rogers charge ~ 200$ for each IP request (info associate to the IP). Bell and Rogers are now making good money to give your info away (sell your info, that is).

The article states a nice lawsuit is coming against thousands of Canadians. Let us assume 20,000 people.

Teksavvy 5,000 People
Bell, 5,000 people
Rogers 5000 people
Videotron 5000 people

Each of these companies will get 5000x~200$ each for your info.

Do you think it's in a companies best interest to fight and protect your info at their cost? However, privacy laws say they are supposed to protect your info to a certain extent. But that isn't exactly happening. And at what cost to them are they to protect it? You aren't worth ten grand to them. Not even 1-grand for your 500$/yr service. They don't care.

heh.

Win-Win for everyone, except for you. Guilty or innocent.

This is called a payola scheme. It's legal blackmail. This is what has been happening in the states for a good decade.

So tell me again how you are going to tell someone it must have been some thief sitting in a car outside your house downloading Debby Does the Gang Bus. And to who are you going to tell this to at no cost to you again?

Umm Hope you are on welfare so you can get legal aid at least to plead this for you. And I hope you have zero assets (like a car or kitchen table) that bailiffs are going to come and take when the verdict goes against you.

Better hope the first few cases do end up in court and some precedence is set.

The law-firm behind this payola blackmail scheme is going to be making hundreds of thousands very soon.

Mass lawsuits and mass legalized blackmail is where the money is at. Ask the Americans, who also happen to be the ones who pushed and lobbied our Gov for these new Canadian laws. It opens a whole new payola blackmail market for them.

heh open wifi. Can't wait to see the first lawsuit to plead that one. Even if true.


TwiztedZero
Nine Zero Burp Nine Six
Premium
join:2011-03-31
Toronto, ON
kudos:5

And how are they going to go after the people who live in the streets after all that? If one has zero assets and zero cash, do they get conscripted into the military or something or be forced to shuffle paperwork for these extortionist trolls?



NameAnon

@teksavvy.com
reply to um

What I would like to know is how is it possible to sue a person today based on a law that did not exist when the supposed breach happened. In other words, laws are not retroactive. So, if a person downloaded something before the law came into effect, shouldn't this person be immune from such law?



russel

@electronicbox.net
reply to um

said by um :

8. Judge says ok your not guilty. You are out of pocket by now a minimum of 6 grand. Minimum. Which is about 3-grand more than what they demanded to begin with.

9. or you are found guilty. So now you paid your lawyer, the expert plus the 5,000$ fine allowed by law. That is about 11,000$, minimum. More if you have to pay their legal costs, if that's applicable here, which it might likely be since you refused to settle to begin with. So now that's around 11,000$ plus their high priced lawyers and their experts and whatever else. Who knows. Who cares at this point.

So if you win the court case you still have to pay fees? I'm not so sure about that one. Judges can (and usually do) award all the court costs to the loser. It's a well known disincentive for bringing court cases forward.

Also, nobody can force you to pay in the event you lose. Sure they might harass you for years to come, and try to ruin your credit report, but there's no way they can actually force you to pay; for example if someone is retired and living off their public pension, you simply can't force them to pay -- the only time it's possible is if you owe money to CRA or another govt department.

cheapbastard

join:2009-04-14
reply to Content

New revenue strategy for movie makers, "if you can't make revenue at the box office, make it from the downloaders", especially the shitty movies.
Also never heard of this movie till the article was published...will go download it now.


analog andy

join:2005-01-03
Surrey, BC
reply to um

said by um :

Seriously do you think some school yard trick like this is going to get you off?

Show me the bi-law or Canadian law that says its illegal for me to keep my WiFI router open. I haven't read the details but I'm pretty sure they still need a warrant for the ISP to give out the personal details of the IP holder.