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resa1983
Premium
join:2008-03-10
North York, ON
kudos:10
reply to hm

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

Part of it is also that NGN/new company - added to the complaint courtesy of Canipre - submitted a draft order, which includes costs.

I suspect that they're fighting this in part, so that they can actually recover all their costs up to this point, as I bet that NGN's stated amount is insufficient to cover costs to this point.
--
Battle.net Tech Support MVP


D_Puckett
Premium
join:2013-02-09
Etobicoke, ON

1 edit
reply to hm

Actually no. The motivation is that we don't like bullies. Distributel receives requests for private information on a regular basis and our answer had been a standard, 'go see if you can find a court to agree with you'. The problem with these copyright cases, as we have realized, is that the court is not able ascertain on its own what is good technical evidence and what is not. It was only after one of our customers received a settlement offer that we realized that the collection of the info was not for cease and desist letters but for $1500 shakedown letters.


resa1983
Premium
join:2008-03-10
North York, ON
kudos:10
reply to Content

Daniel, I'm sort of surprised you expected your customers to receive C&D letters, considering Voltage's history down in the States..
--
Battle.net Tech Support MVP


D_Puckett
Premium
join:2013-02-09
Etobicoke, ON

said by resa1983:

Daniel, I'm sort of surprised you expected your customers to receive C&D letters, considering Voltage's history down in the States..

Hello Resa, The November motion was not Voltage, but rather NGN. I think that the events that started in November are an education for us all. The Judiciary, the Internet using public, and the ISPs. As for our belief of their intentions.. I dug up an excerpt for you from the public record:

November 19 Written Representations
4. NGN Prima Productions Inc. requests the Court's authorization to conduct an examination for discovery in writing of the Defendants' internet service providers to obtain the names and addresses associated with the IP addresses that NGN Prima Productions Inc. identified using public sources. Once the Defendants have been identified, NGN Prima Productions Inc. will be able to send them cease and desist letters and, if required, to add them as named Defendants to this action.
[underline mine]That submission was signed by a member of the Quebec Bar

Riplin

join:2002-05-13
canada
reply to Content

Isp's are in for a rude awakening if mass lawsuits start to happen.

People talk and fast.



hm

@videotron.ca
reply to D_Puckett

Do you plan on taking action for this.... lie.



hm

@videotron.ca

said by hm :

Do you plan on taking action for this.... lie.

Maybe "deceit" is a better word?

Hmm. I wonder... I wonder what privcom would do (if anything) if someone were to file a complaint about this deceit & lie to the court that cost people their private info to be given out?

If you upload the "public record" so I can get it, I'll file the complaint first thing Monday and see what (if anything) they say and/or do.

Wonder if they will contact the bar?

D_Puckett
Premium
join:2013-02-09
Etobicoke, ON
reply to hm

said by hm :

Do you plan on taking action for this.... lie.

We included the 'cease and desist' issue as well as the misrepresentations of the non-commercial liability in paragraphs 64 through 70 of our written representations. It is available at Michael Geist's blog, »www.michaelgeist.ca/ --look for the link: 'opposing a motion' in the first sentence.

I should not comment on your Privacy Commissioner idea while our matter is before Federal Court.


hm

@videotron.ca

np.

Didn't notice the link on MG on the first read, just checking it out now.

Kind of odd how this so-called "forensics" company doesn't know about time synchronization.

...only on para 20 and you made some great points so far.


resa1983
Premium
join:2008-03-10
North York, ON
kudos:10

said by hm :

np.

Didn't notice the link on MG on the first read, just checking it out now.

Kind of odd how this so-called "forensics" company doesn't know about time synchronization.

...only on para 20 and you made some great points so far.

The thing is this:
No lawsuit has ever gone to trial with Guardaley 'evidence' (the program that Canipre used - the program that all copytrolls use). The reason being is highly faulty, with an estimated 30% false positive rate - due to tracker poisoning with fake peers.

There is 1 Judge down in the states who decided to link 6 separate copytroll cases (only 1 person in each case as the others were dismissed for improper joinder, as it was doubtful any of the people actually shared with each other), and is now testing evidence via what's called a Bellwether trial. 1 defendant has paid up $10k after finding out a family did in fact infringe on video(s) of the plaintiff's, so there's only 5 now. It's very slowly going through the system right now.

The only time the evidence has been fully tested so far, was from someone who got sued in Germany, and counter-sued. The German courts threw out the Guardaley evidence, and the original lawsuit was dismissed, and the counter-suit won. The evidence which was provided in this case, was translated into English - unsure if it was by the courts, or by the investigating company. It's been attached as a pdf.

These copytrolls know the evidence is faulty, they know that to send out these settlement demands that the evidence just has to look good, and doesn't actually have to BE good, because they'll dismiss it before it ever reaches a point that the evidence needs to be tested.
--
Battle.net Tech Support MVP


hm

@videotron.ca

I changed my IP this week (like I tend to always do every so often, as stated in another topic).

Yesterday I used »mypiracy.net/ to see what information, if anything, was collected by ScanEye.net on p2p-networks with my new IP.

Seems my new IP (geo-located to Montreal, where I am not) has downloaded the following:

NO TORRENT - FILENAME LAST SEEN QUANTITY

1 Dressing.For.Sex.XXX.DVDRip.XviD-PLEASURE 2012-11-04 19:16:44 1

2 So Young So Sexy POV 6 SHOW PIRACY STATS 2012-12-04 03:32:45 1

Now if all this info is wrong, partially wrong, or due to p2p-networks poisoning info with fake IP's, what is to stop some sleaze-ball "forensics" company to claim I actually downloaded this filth in November and December if the sleaze-ball "forensics" company is to dumb to know what synchronization is??

In the case of Videotron, who didn't give a damn about their own customers and gladly gave their info away, it makes me wonder if their customers should be starting a class-action against them?

Normally privacy cases in court are ruled on or tossed with zero costs due to the people not actually showing any direct harm or financial harm due to the breach. A shakedown letter fo a couple of grand due to a breach would be harm.

In regard to the porn titles this new IP was apparently caught downloading... in my day we undressed for sex, not dress for it. Wonder what kind of weird goat sex film this IP grabbed?

The Distributel PDF is actually a good read. Raises some good questions.

Anyone else have a new IP that »mypiracy.net/ has caught apparently DL'ing stuff off of p2p?


Riplin

join:2002-05-13
canada

hahah says my ip dl'd Ed Sheeran - + (Plus) [2011 Album]

who the f^&^ is ed sheeran besides I stopped getting music in the 90's. I would never dl any of the crap produced today.



rednekcowboy

join:2012-03-21
reply to hm

Mine is showing that I downloaded:

Teen.Wolf.S02E09.HDTV.x264-EVOLVE.mp4

I didn't even know there was a Teen Wolf series. I enjoyed the movies, but haven't seen those since the mid 80's when they were released....



hm

@videotron.ca
reply to Riplin

said by Riplin:

hahah says my ip dl'd Ed Sheeran - + (Plus) [2011 Album]

who the f^&^ is ed sheeran besides I stopped getting music in the 90's. I would never dl any of the crap produced today.

LIAR.
PAY OR ELSE!

Seems he writes UK folk songs. Polka music.

DO NOT PLAY DUMB WITH US!

resa1983
Premium
join:2008-03-10
North York, ON
kudos:10
reply to Content

Says my IP downloaded this:

1 Terminator 2 Judgement Day (1991) SHOW PIRACY STATS 2012-04-22 01:43:12 1

I moved in November, and got this IP address.
--
Battle.net Tech Support MVP



hm blah

@videotron.ca

:/
It's not fair. They nail my IP as downloading some goat porn w/ clothes on, you get an action movie, and the guy above some yodeler.


Is anyone going to be in Montreal tomorrow to see this go down?

Will anyone tweet what's going on?

D_Puckett, can you get anyone there to transcribe this as it goes down?

Someone Email JF to get over there?



FiReSTaRT
Premium
join:2010-02-26
Canada

quote:
Your IP is clear
This is only demo for random IP from our database
Lol

MaynardKrebs
Premium
join:2009-06-17
kudos:4
reply to hm blah

said by hm blah :

:/
It's not fair. They nail my IP as downloading some goat porn w/ clothes on, you get an action movie, and the guy above some yodeler.


Is anyone going to be in Montreal tomorrow to see this go down?

Will anyone tweet what's going on?

D_Puckett, can you get anyone there to transcribe this as it goes down?

Someone Email JF to get over there?

JF is going to be in Hottawa tomorrow AFAIK

Cdnmoose

join:2010-08-24
Kingston, ON
Reviews:
·Distributel Cable

Thanks for the link to ScanEye, It says I am downloading or downloaded

1 Fast and Furious 5 Fast Five (2011) DVDRip XviD-MAXSPEED SHOW PIRACY STATS 2012-02-18 22:34:17 1
2 Man.on.a.Ledge.2012.R5.CAM.AUDiO.XviD-BiDA SHOW PIRACY STATS 2012-04-27 04:37:06 1
3 One Day[2011]BRRip XviD-ExtraTorrentRG SHOW PIRACY STATS 2012-02-19 00:00:00 2

What a bowl of crap. I have 2 ISPs, and am getting rid of one on Friday so I jumped on that one to check...lol and the one I am staying with says there is nothing!!

Expand your moderator at work


A Lurker
that's Ms Lurker btw
Premium
join:2007-10-27
Wellington N
reply to FiReSTaRT

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

quote:
Your IP is clear
This is only demo for random IP from our database
Me too

D_Puckett
Premium
join:2013-02-09
Etobicoke, ON
reply to hm blah

said by hm blah :

:/
.. Is anyone going to be in Montreal tomorrow to see this go down?
Will anyone tweet what's going on?
D_Puckett, can you get anyone there to transcribe this as it goes down?
..

Unfortunately the process is rather anti-climactic. NGN and Riding's counsel notified our counsel that they wish an indeterminate adjournment while they wait to see what happens in the CIPPIC Intervenor motion in the Voltage TS motion. We are not in a position to oppose an adjournment as it is their motion.

For the armchair lawyers out there.. we could try and oppose but we would have a tough time trying to show how our customer's privacy would be harmed by NGN retreating from the table.

So, while if it were proceeding tomorrow AM I was planning on being there, it won't so I won't.


hm

@videotron.ca

said by D_Puckett:

Unfortunately the process is rather anti-climactic. NGN and Riding's counsel notified our counsel that they wish an indeterminate adjournment while they wait to see what happens in the CIPPIC Intervenor motion in the Voltage TS motion. We are not in a position to oppose an adjournment as it is their motion.

For the armchair lawyers out there.. we could try and oppose but we would have a tough time trying to show how our customer's privacy would be harmed by NGN retreating from the table.

So, while if it were proceeding tomorrow AM I was planning on being there, it won't so I won't.

Makes sense.

Thanks for keeping us in the loop.


effoff

@electronicbox.net
reply to Content

Sharing is a fundamental right, it demands no financial compensation.



hm

@videotron.ca
reply to hm

Distributel’s Motion record, Lots more detail:

»www.scribd.com/doc/124826637/Mot···-Limited



hm

@videotron.ca
reply to effoff

From Copyright lawyer & Expert (you can read his bio), Howard Knopf:

Distributel Shows & Tells How an Indie ISP can Defend its Customers' Privacy Rights Against Alleged “Copyright Trolling”: Teksavvy Take Note
»excesscopyright.blogspot.ca/2013···isp.html

He is nailing it. And I think he held back.



hm

@videotron.ca
reply to D_Puckett

said by D_Puckett:

Unfortunately the process is rather anti-climactic. NGN and Riding's counsel notified our counsel that they wish an indeterminate adjournment while they wait to see what happens in the CIPPIC Intervenor motion in the Voltage TS motion. We are not in a position to oppose an adjournment as it is their motion.

For the armchair lawyers out there.. we could try and oppose but we would have a tough time trying to show how our customer's privacy would be harmed by NGN retreating from the table.

So, while if it were proceeding tomorrow AM I was planning on being there, it won't so I won't.

Daniel,

Howard Knopf (copyright lawyer) wrote up on the position you are taking. I dropped this URL to him about NGN putting this on hold in his comment area. Refer to the comments in his Distributel blog post:
»excesscopyright.blogspot.ca/2013···isp.html

I'm not 100% sure I follow, but I think he stated you should press ahead. Anyhow he (we) have no way of knowing if you really are who you claim to be. So I'll let you contact him, or not, to set the record straight since the docket isn't updated with this latest info.

Lot's of people support your position.

D_Puckett
Premium
join:2013-02-09
Etobicoke, ON

said by hm :

Howard Knopf (copyright lawyer) wrote up on the position you are taking. I dropped this URL to him about NGN putting this on hold in his comment area. Refer to the comments in his Distributel blog post:
»excesscopyright.blogspot.ca/2013···isp.html

I'm not 100% sure I follow, but I think he stated you should press ahead. Anyhow he (we) have no way of knowing if you really are who you claim to be. So I'll let you contact him, or not, to set the record straight since the docket isn't updated with this latest info.

Lot's of people support your position.

Yes, I just read your post as well as HK's. As for who I am, I could not fit Daniel Puckett in as a user name, so I opted for D Puckett. I will post a reply to HK after I have had a coffee or two. I may need to discuss with our counsel first, as lawyers get cranky if/when their clients get too involved in legal discussions without their blessings


hm

@videotron.ca

said by D_Puckett:

I may need to discuss with our counsel first, as lawyers get cranky if/when their clients get too involved in legal discussions without their blessings

lol yeah that was the first thing I thought as well.

nickvca
Premium
join:2011-09-28
reply to Content

Motion-Record-of-Distributel-Communications-Limited
Download PDF
An excellent read for anyone interested

»mega.co.nz/#!OF1xzarZ!Wr134AKHB3···qsSg_fHA