said by hm :said by resa1983:said by Rastan:I don't understand why a moderator would delete my post when all I did was suggest that people should defend themselves in court rather than spending money on a lawyer. The maximum penalty they face is $5000. This would be handled in small claims court.
Voltage is filing in federal court. There is no way you can have it transferred to small claims. Its a federal law being broken, and so federal court is where it stays.
Resa,
I rolled my eyes and thought the same, and still think the same.
But I looked into it (you should to). I think I saw it stated on either the QC or ON legal aid site that if your case is in fed court and it's below something like 7,000$ (forget the value) you can "ask" the court to move it to small claims. Doesn't mean it will be, but you can request this.
At least this is what I read after "Gone" and "Peterboro" first mentioned this in CanChat I think it was...
and once you show that voltage cant prove commercial infringement then the max is 5 grand ergo ONLY small claims court....
bring that up in court that they are trying to game the system because how can the uploader and downloader have no money exchange hands as ip addresses and voltage say its commercial ...they can't no money exchanged hands. So handing over a persons identification and address won't mean a thing either.
Just ask the case against you be dismissed and for all the mentioned on those grounds....then voltage spends more money and refiles fine they get the ids and data BUT now your in small claims court ergo legal aid for lawyers for the poor and the rest we'll get you a lawyer...ive got 100-200$ right now for it....
and that money would have gone and been spent in a local economy so whom loses....
