O Canada! > Canadian > Canadian Broadband > Voltage-Hurt Locker Lawsuit Round 2 Against Teksavvy Users

reply to Gone

Re: Voltage-Hurt Locker Lawsuit Round 2 Against Teksavvy Users

There's a difference between a mere letter demanding settlement and an actual statement of claim served to you by hand. One is safe to ignore, the other is not.

You are not going to have a default judgement rendered against you unless you receive a statement of claim first certified by a clerk of the court first.

It's not something that should be ignored. Either reply back saying, "see you in court", or reply back with a cheque, or reply back asking for payment methods that would work for you/them.

In the US, Voltage has been adding 1000$ to the amount if you don't reply or don't pay within 3 weeks. heh I can't see that flying here.

Best to reply back advising you deny liability and intend to pursue a vigorous defence should they proceed to file suit.

I agree. A vigorous $2,000,000.00 3 to 5 year court battle through all 3 levels of the judiciary culminating in an appearance before the Supreme Court of Canada and a further 2 year wait for a decision is definitely the way to go.........money is no object. Bring it on Voltage.........

Correct.

quote:

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We will only accept letters properly certified by a court official and handed in person via an officer of the court

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did not RMCP not once say they would not go after pirates? this is not like the US where you can clog up the courts like crazy with BS and have the government spend well into the millions going after people.

What I want to know how can a US company can come into Canada and demand cdns info of any type unless it's a serious crime. Did the company demand the info themselves or hire a company in Canada to do it for them or use their cdn bunch if they got one to request the info?

The RCMP would only be involved in criminal copyright prosecution. What we're talking about here is civil infringement, something any rights holder can initiate on their own.

As for a company coming here and doing this? We have copyright law. They have just as much right to appear before a judge to plead their case as you, I or anyone else can under the law...

... now, whether the judge buys an argument it is an entirely different matter all together.

I see them just taking a few cases to court to prove a point and try to install fear into people.

Let them. It'll come back to bite them in the ass. Hard.

reply to hm

well we all know this is a test. other studios are waiting and seeing how this goes hell they may be helping for all we know. Most will want to slam Canada with law-suits to get a point across.

I don't see the cdn courts putting up with this crap like in the US were while I'm from the US I can say the US government and courts are at big business beck and call.

reply to Gone

Ever looked at a parking ticket?

The ticket is $30 or whatever. Pay it within seven days and it's $10 or whatever. If you don't pay it within that seven day period, it's the $30 the ticket was originally for. They're discounting the fine for early payment, not increasing the fine for not paying it quick enough.

With these extortion letters it's the same deal and all good and legal if they word it as the settlement being $7000, but reduced to $5200 if paid within x period of time. Again, it all comes down to how they word it, and they don't need to justify anything in that regard.

Alas, this is a completely separate issue from the core of this discussion.