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A Lurker
Premium
join:2007-10-27
Burlington, ON

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


resa1983
Premium
join:2008-03-10
North York, ON
kudos:7
Reviews:
·TekSavvy Cable

reply to Content
I find it interesting that CIPPIC's "first and best known victory to date" was the one he personally headed. That now in another case almost exactly the same as the BMG case, it's suddenly no longer CIPPIC's job to intervene. It seems to me that he has no confidence in CIPPIC now that he's no longer a part of it.

He's also the one who was saying that all ISPs had to do was claim PIPEDA, and it'd keep subscriber info out of the trolls' hands. I'd like to make a point that many bloggers bashed his opinion on this. As well, one blogger who agreed originally with Mr. Knopf, changed his mind after hearing additional information.

I find it funny that in his prior blogs he says the best information came not from the blog-o-sphere, but from a National Post article. With multiple people live-tweeting the court hearing, as well as others blogging from their notes from being in the court room themselves, I would have figured that the live tweets would have been some of the best information, as it was coming out as it was happening.

Personally, I have no interest in hearing anything Mr. Knopf says, as it looks self-serving, and a "I know better" attitude. Everyone has differences in opinion, but he doesn't have to write his blogs so it clearly shows he thinks his opinion is worth more than other IP lawyers'.

Distributel's submission was a work of art, and frankly is awesome.

Would Distributel/Acanac be interested in the case file of the German trial that found Guardaley's evidence to be faulty? Keep in mind that Guardaley is the program that Canipre uses for monitoring the swarms.
--
Battle.net Tech Support MVP


MFido

join:2012-10-19
kudos:1

1 edit

said by resa1983:

Personally, I have no interest in hearing anything Mr. Knopf says, as it looks self-serving, and a "I know better" attitude.

Like almost always I total agree with you. He is too much full of shit ... I never believe or have confidence in this type of people ...


hm

@videotron.ca

reply to resa1983

said by resa1983:

I find it funny that in his prior blogs he says the best information came not from the blog-o-sphere, but from a National Post article.

From what I have seen, read, and noticed is that on *his* blog he only references from people who have a certain rapport (lack of a better word). He only very very rarely allows comments unless it's from someone with a "name (lack of a better word), and rarest of all, allows an anon comment.

Out of the twitters and tweeters and those who wrote up on it, only one had something recognizable, A law degree, that he accepted. That was the reporter.

He strives to put only the most reliable of links, or the most reliable of names for his followers on *his* blog.

He also ha a very huge name in copyright. Maybe one of the biggest practicing names in Canada.

He avoids unsubstantiated claims or hearsay. My post there was indeed a very rare exception. I was kind of surprised it showed. But he laid it on the line for his readers (who may be supreme court judges, and his peers sittting on the copyright board, who knows. Only he knows) that as far as anyone should be concerned I was a nobody and the person who posted here could be a nobody and not who they claim to be.

That is *his* law blog. And that is how he runs *his* law blog.

You shouldn't be offended it by it (cuz it shows you were at the time, and still are. As were others).

Yup, in a case like this he will take the word of a lawyer with a name over the tweets of a ... well here we go again, for lack of a better word, someone with no name, credibility, and who is what exactly?

Maybe that is why his blog is one of the top law blogs in Canada as well? He only filters in the best even if it may mean leaving some other things out due to maybe unsubstantiated hearsay and claims.

Yeah, I can see many people taking offense to it. But it's his name, career, peers, and belief. No one else's.


hm

@videotron.ca

reply to resa1983

said by resa1983:

Personally, I have no interest in hearing anything Mr. Knopf says, as it looks self-serving, and a "I know better" attitude. Everyone has differences in opinion, but he doesn't have to write his blogs so it clearly shows he thinks his opinion is worth more than other IP lawyers'.

Distributel's submission was a work of art, and frankly is awesome.

HK more or less stated the same thing. Did you see something else?

resa1983
Premium
join:2008-03-10
North York, ON
kudos:7
Reviews:
·TekSavvy Cable

reply to hm

said by hm :

Yup, in a case like this he will take the word of a lawyer with a name over the tweets of a ... well here we go again, for lack of a better word, someone with no name, credibility, and who is what exactly?

I was unaware she was also a lawyer. That's cool. I didn't get a chance to talk to her in the courtroom or afterwards.

However, while I am obviously a nobody, I wouldn't exactly consider someone on both the CIRA & ARIN board as a nobody.
--
Battle.net Tech Support MVP

fazeTO

join:2011-03-22
Reviews:
·Start Communicat..

reply to nickvca
This is a great read. In theory couldn't Teksavvy just use the exact same arguments? The time difference, Location issues, IP != a Person, No proof the entire file was downloaded or if the IP even had the file at all.

These are solid arguments IMO.

So a question for fellow DSLr's out there. If for some reason the judges allows this to go through in either case, what is stoping say myself from making a spreadsheet of random IP's from a TPIA and going to them and demanding names and personal information. This IP downloaded one of my songs or movies etc?? I don't see the difference.

Honestly this is all to scary. All these guys have essentially provided is a list of IPs with a date and time stamp. I just feel there needs to be a WAY higher threshold of proof before even considering something like this in court.



hm

@videotron.ca

said by fazeTO:

Honestly this is all to scary. All these guys have essentially provided is a list of IPs with a date and time stamp. I just feel there needs to be a WAY higher threshold of proof before even considering something like this in court.

And the average person couldn't shell out a for a legal defense like this, or to have the bar raised.

rednekcowboy

join:2012-03-21
Reviews:
·ELECTRONICBOX

reply to fazeTO

said by fazeTO:

This is a great read. In theory couldn't Teksavvy just use the exact same arguments? The time difference, Location issues, IP != a Person, No proof the entire file was downloaded or if the IP even had the file at all.

These are solid arguments IMO.

So a question for fellow DSLr's out there. If for some reason the judges allows this to go through in either case, what is stoping say myself from making a spreadsheet of random IP's from a TPIA and going to them and demanding names and personal information. This IP downloaded one of my songs or movies etc?? I don't see the difference.

Honestly this is all to scary. All these guys have essentially provided is a list of IPs with a date and time stamp. I just feel there needs to be a WAY higher threshold of proof before even considering something like this in court.

This would actually be a good test. Make up some BS song, get a buddy to upload it somewhere and get everyone you and he knows to download it. Gather all the Ip's and then go and demand the info and see if you get it.


hm

@videotron.ca

reply to resa1983
Resa, do your friends at fight-copyright-trolls (or something) have any info on the NGN court filings in Boston and Florida?

ref: bottom of the first post in this topic.


resa1983
Premium
join:2008-03-10
North York, ON
kudos:7

I'll check the site later, and if theres nothing, I'll email sophisticated jane doe to ask.
--
Battle.net Tech Support MVP

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