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sbrook
Mod
join:2001-12-14
Ottawa

sbrook to mattvmotas

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to mattvmotas

Re: I am not affected but I am worried / thinking to abandon TSI

said by mattvmotas:

1. Dynamic IP logging accuracy is determined in a court of law, regardless of which ISP you are using. That is why we are innocent until proven guilty. The accuser would have to prove you actually downloaded or shared the content in question, the burden of proof is on the rights holder not the individual.
2. How can you be sure Bell Canada maintains correct logs, cell logs, land line call logs? You cannot, which is why again, the burden of proof lies on the rights holder. Simply connecting you to an IP they believe violated their copyright is not enough proof in any court.

If you are worried about getting sued, then don't download and share pirated media. If you have not pirated content, then you are not guilty of anything and you will win every time.

Innocent until proven guilty and its adjunct "beyond reasonable doubt" do not apply in civil cases.

Each party will make its claim and the judge will make a decision based on the preponderance of the evidence. In civil law, the standard of proof is either proof by a preponderance of the evidence or proof by clear and convincing evidence. These are lower burdens of proof than beyond reasonable doubt

A preponderance of the evidence simply means that one side has more evidence in its favor than the other, even by the smallest degree. Clear and convincing evidence is evidence that establishes a high probability that the fact sought to be proved is true.

So, if Voltage can convince the judge 50.01% that you did it, you will be found against. Of course, the less clear and convincing the case by Voltage, in all probability the monetary finding of copyright damages will probably be reduced.

Remember this isn't guilty and innocent - that's for criminal cases. This is about damages and convincing a judge that you owe don't owe the claimant money.
funny0
join:2010-12-22

funny0

Member

said by sbrook:

said by mattvmotas:

1. Dynamic IP logging accuracy is determined in a court of law, regardless of which ISP you are using. That is why we are innocent until proven guilty. The accuser would have to prove you actually downloaded or shared the content in question, the burden of proof is on the rights holder not the individual.
2. How can you be sure Bell Canada maintains correct logs, cell logs, land line call logs? You cannot, which is why again, the burden of proof lies on the rights holder. Simply connecting you to an IP they believe violated their copyright is not enough proof in any court.

If you are worried about getting sued, then don't download and share pirated media. If you have not pirated content, then you are not guilty of anything and you will win every time.

Innocent until proven guilty and its adjunct "beyond reasonable doubt" do not apply in civil cases.

Each party will make its claim and the judge will make a decision based on the preponderance of the evidence. In civil law, the standard of proof is either proof by a preponderance of the evidence or proof by clear and convincing evidence. These are lower burdens of proof than beyond reasonable doubt

A preponderance of the evidence simply means that one side has more evidence in its favor than the other, even by the smallest degree. Clear and convincing evidence is evidence that establishes a high probability that the fact sought to be proved is true.

So, if Voltage can convince the judge 50.01% that you did it, you will be found against. Of course, the less clear and convincing the case by Voltage, in all probability the monetary finding of copyright damages will probably be reduced.

Remember this isn't guilty and innocent - that's for criminal cases. This is about damages and convincing a judge that you owe don't owe the claimant money.

no the judge has to have "no reasonable doubts"
if he/she does then case will be dismissed

i myself once got into a court and showed proof that the police were lying about a simple matter of how many police even showed up to a residence ( for a supposed weapons offence they claimed one officer showed up - false and i had a whole neighborhood as proof and in fact i wasnt even home at time etc.....[a whole bar a people seeing you])the judge said and i'll quote "i don't know whom to believe. case dismissed")

my lawyer was smiling the whole trial...and the crown had gone into crazy person mode after i ripped her a good one...in fact i even said it....if you wont collect DNA evidence on a knife you alledge someone used then you cant use it as evidence. "we dont do DNA evidence on cases like this" ....that statement had the whole court room pack in after lunch .....haha...

thank you hells angels for use of your lawyer!