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Links: ·Shaw FAQ ·Shaw Support Site ·Shaw AUP ·Shaw Speed Test
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shaw

@shawcable.net

reply to zod5000

Re: [BC] Bill C-11

I read somewhere yesterday that Shaw submitted some sort of opinion regarding the bill c11 to the legislative committee and it wants the government to give them time to implement an automated system for the infringement complaints. They apparently are receiving thousands of infringement complaints every year and cannot manage them all at the same time...


shaw

@shawcable.net

Found it:

»www.parl.gc.ca/Content/HOC/Commi···nc.E.pdf

on page 4 of the PDF says:

First, ISPs are not given any time to design and implement the automated notice
processing systems that will be required in order to comply with the requirements
of the Bill; and


Drum

join:2009-05-06

1 edit

reply to shaw
I suggest everyone reads points 21 and 27 from this document:

»www.parl.gc.ca/Content/HOC/Commi···nc.E.pdf

They will fine the ISPs that don't comply with all of this mumbo jumbo, which means all of this is happening...



Baud1200

join:2003-02-10
Reviews:
·Shaw

It will only happen if we the people let it. Us sitting here behind PC's and preaching to the quire sadly wont make much of a difference.

We need to make the average Joe user aware of whats happening because the bought off presstitute mainstream media will not explain the full details to them until its too late.

"Find out just what the people will submit to and you have found out the exact amount of injustice and wrong which will be imposed upon them; and these will continue until they are resisted with either words or blows, or with both. The limits of tyrants are prescribed by the endurance of those whom they oppress."
Frederick Douglass


ShadowMeph

join:2005-10-09
Abbotsford, BC

reply to upantsmaster
what about using torrents to download TV episodes and or Linux distros can people get into trouble doing that? I ask because I download a fair amount of both the TV eps I do because I really hate commercials


kevinds

join:2003-05-01
Calgary, AB
kudos:1

1 edit

TV episodes, yes
Linux distos, some of them.

RedHat Enterprise they don't like shared... But that is the only one I can think of at the moment.


ShadowMeph

join:2005-10-09
Abbotsford, BC

wel then I might as well downgrade my internet speed to fairly low since I don't play to many online games and I won't need the speed now, on a positive note this will save me a few dollars.


Drum

join:2009-05-06

BTW they've started suing users from TekSavvy. Head over there in the section for TekSavvy and check it out. Its pretty epic in there, full of all kinds of info...



capdjq
RIP my friend
Premium
join:2000-11-01
Coastie

1 edit

Click for full size
Got this from another Forum about TechSavvy

zod5000

join:2003-10-21
Victoria, BC
Reviews:
·Shaw

reply to Drum

said by Drum:

BTW they've started suing users from TekSavvy. Head over there in the section for TekSavvy and check it out. Its pretty epic in there, full of all kinds of info...

Woah dude your like the American media... lol. No one's been sued yet. Teksavvy was directed to share the info of about 2000 ip address. They declined unless they got a court order to do so. Tomorrow that is before the courts. Then if a court order is created the rackateering company will have the names associated with the infringing ip's. I suppose at the point they'll have to see if all the hassle is worth a max $5k reward.

They haven't sued anyone yet though... you're post was a little sensational? (cnn style? )


urbanriot
Premium
join:2004-10-18
Canada
kudos:3
Reviews:
·Cogeco Cable

1 edit

reply to tlhIngan

said by tlhIngan:

Or, if you get a notice, go out and buy them on DVD or Blu-Ray (if you downloaded the DVD or high-def version). Buy used from those used media stores.

Just to advise people thinking they can do this, they can't. The court of law refers to receipts to prove ownership. If you don't have a receipt, you don't own the item. It doesn't matter if you're holding it in your hands.

Edit: and oh, yea, the date of the receipt needs to be before the allegations so you can't show a current day receipt.


CapsCaps

@shawcable.net

reply to zod5000
Shaw's cap on their 50 meg service is 400gig, isn't Telus 250gig?


AJ102

join:2005-03-22
Vancouver, BC

reply to upantsmaster
Forget the thought of buying a DVD and showing a receipt to prove that you own the movie you are being sued for downloading. Aside from the fact that nobody will believe you, just read the law - it's illegal to make a copy from an unauthorized source, regardless of whether you have an alternative authorized source or not.


tlhIngan

join:2002-07-08
Richmond, BC
kudos:1

reply to urbanriot

said by urbanriot:

said by tlhIngan:

Or, if you get a notice, go out and buy them on DVD or Blu-Ray (if you downloaded the DVD or high-def version). Buy used from those used media stores.

Just to advise people thinking they can do this, they can't. The court of law refers to receipts to prove ownership. If you don't have a receipt, you don't own the item. It doesn't matter if you're holding it in your hands.

Edit: and oh, yea, the date of the receipt needs to be before the allegations so you can't show a current day receipt.

Obviously you don't shop at the good used media places whose receipts don't really say much other than "DVD - $3.99". Plus, if we take a movie like Hurt Locker - I'm fairly certain the courts will excuse the lack of receipts because well, which reasonable person would have a receipt from 4 years ago?! And I can tell you that most people would've thrown away their receipts even if they just bought the movie. We're talking about a $20-30 movie here. Pay in cash and Future Shop can't link the transaction to you, either, just one of the many people who bought that DVD/Blu-Ray/game/etc on that day and paid in cash (yes, there are plenty of people who buy in cash). Receipts, when they exist, prove ownership. When they don't, doesn't mean anything (you could've traded it with your friends, got it as a gift, etc). I'm sure the courts would love to rule that receiving a Christmas present doesn't mean you own it because you didn't ask the giver for a receipt.

Of course, if you're downloading a movie before it's DVD release (eww, cam rip), then it obviously won't help.

And when you think about C-11, since you can't break a digital lock, downloading IS the only answer if you want to watch that blu-ray on your phone or something (other than digital copy, but you can find movies without them).


urbanriot
Premium
join:2004-10-18
Canada
kudos:3
Reviews:
·Cogeco Cable

said by tlhIngan:

Obviously you don't shop at the good used media places whose receipts don't really say much other than "DVD - $3.99".

No, instead I have experience in the court of law concerning piracy.

said by tlhIngan:

Plus, if we take a movie like Hurt Locker - I'm fairly certain the courts will excuse the lack of receipts because well, which reasonable person would have a receipt from 4 years ago?!

Exactly. Welcome to the unfair world of unjust damages in the court of law. No receipt? You don't own it. Receipt? What's the date? No date, you can't prove you owned this at the time of the alleged crime.

Saying you cleared out old receipts for tax reasons or you simply don't keep them, that means you can't prove it.

said by tlhIngan:

I'm sure the courts would love to rule that receiving a Christmas present doesn't mean you own it because you didn't ask the giver for a receipt.

I haven't heard of that situation but I'd love to hear of someone successfully using that one. I have a feeling it would cost you more than its worth to try and involve someone else to prove they purchased you a Christmas gift that a team of high priced lawyers allege you stole.

Every day logic won't work in the court of law when it concerns software piracy, all your points are smoke and mirrors that are trumped by a legal set of logic that's hard for anyone to wrap their head around. It's unfair and it's unjust, but that's the way it is.

Businesses make claims they disposed of software licensing receipts 6 years ago because of tax reasons... oh, well, that was stupid because you threw out your proof of ownership.

The truth is as crazy as it sounds.

zod5000

join:2003-10-21
Victoria, BC
Reviews:
·Shaw

reply to CapsCaps

said by CapsCaps :

Shaw's cap on their 50 meg service is 400gig, isn't Telus 250gig?

No the 250 gig cap is on their 25mbps package. (which matches shaw). Their 50mbps package is on a soft launch so I don't think the details are on the website yet. It's a good bet its 400gigs as they seem content to clone shaw's caps.

On the flipside Telus hasn't started to enforce caps yet....

AJ102

join:2005-03-22
Vancouver, BC

reply to urbanriot
Copyright infringement is a civil matter, not a criminal offense. In a civil trial, the standard of proof is "on the balance of probability" (i.e., > 50% likely), rather than "beyond a reasonable doubt". That standard cuts both ways. The claimant doesn't have to prove every little detail of their case with incontrovertible proof, they just have to establish that it's more likely than not that the defendant did infringe copyright. On the other hand the defendant doesn't need solid evidence for every part of their defence if they can convince a judge that it's believable and likely to be true.



urbanriot
Premium
join:2004-10-18
Canada
kudos:3
Reviews:
·Cogeco Cable

said by AJ102:

Copyright infringement is a civil matter, not a criminal offense.

Correct. And what was mentioned previously sounds like 'plenty of doubt' and doesn't come even close to holding any water concerning other forms of piracy. The judges I've encountered have sifted through what they basically deem as BS, points that every day people would argue are plausible, and say "you don't have proof" in more plain words.

Perhaps you have different, more people-friendly experiences in court than I have but concerning software piracy, what I've seen are binary situations of proof or zero proof. Invoices with proper dates is proof, everything else is zero proof, case closed, you lose.

Again, I hope the legal firms representing those alleging infringements are not the same as those representing software companies. Since the costs involved concerning media infringement are considerably less, perhaps more people-friendly explanations can be provided by human beings to a nicer, kinder judge... I truthfully can't say, I haven't participated in a media-centric case.
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