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paRaMeND
join:2008-06-06

1 recommendation

paRaMeND to ISpeakForYou

Member

to ISpeakForYou

Re: A Letter to TekSavvy from the Customers

I must say you have taken some liberty in stating you speak for all of us customers! You do not speak for me! I have read through all these posts and have come to a number of conclusions:

1) most people posting have no or very little understanding and knowledge of Canadian law, some are even confusing civil and criminal law, US law, old outdated law

2) under a court order TekSavvy must produce names and ip's

3) no information has yet been turned over

4) it is the court that must decide if Voltage's request has merits, not TekSavvy, you or I

5) TekSavvy does not have any grounds to oppose the motion, they are neither judge or jury and can not decide it's merits, and are not a defendant in the case.

6) Privacy laws are over ruled by a court order

7) How Voltage will proceed with this info is not known, however they do have a history of requesting payment to avoid legal action

8) anyone caught up in this who receives a request for payment, or threat of legal action can choose to fight it in court and then can oppose the merit's or actions of Voltage and/or it's agents and partners
JMJimmy
join:2008-07-23

JMJimmy

Member

said by paRaMeND:

2) under a court order TekSavvy must produce names and ip's

Names yes, IPs/logs no.
said by paRaMeND:

5) TekSavvy does not have any grounds to oppose the motion, they are neither judge or jury and can not decide it's merits, and are not a defendant in the case.

Actually they have grounds to oppose the motion. a) financial hardship (they may lose a good portion of those customers for various reasons) b) they could try arguing that the logs collected were not intended for use in that way (probably won't work due to application/scope) c) Voltage is likely to take the information across borders (see 6)
said by paRaMeND:

6) Privacy laws are over ruled by a court order

Untrue. Privacy laws have stipulations for disclosure by court order, which still must be follow within the bounds of the privacy laws. ie: Even under court order data can't be taken across borders, must be secured to Tek's satisfaction, data can't be shared with others by Voltage, etc
funny0
join:2010-12-22

funny0 to paRaMeND

Member

to paRaMeND
said by paRaMeND:

I must say you have taken some liberty in stating you speak for all of us customers! You do not speak for me! I have read through all these posts and have come to a number of conclusions:

1) most people posting have no or very little understanding and knowledge of Canadian law, some are even confusing civil and criminal law, US law, old outdated law

2) under a court order TekSavvy must produce names and ip's

3) no information has yet been turned over

4) it is the court that must decide if Voltage's request has merits, not TekSavvy, you or I

5) TekSavvy does not have any grounds to oppose the motion, they are neither judge or jury and can not decide it's merits, and are not a defendant in the case.

6) Privacy laws are over ruled by a court order

7) How Voltage will proceed with this info is not known, however they do have a history of requesting payment to avoid legal action

8) anyone caught up in this who receives a request for payment, or threat of legal action can choose to fight it in court and then can oppose the merit's or actions of Voltage and/or it's agents and partners

i might argue on point 5 that an improperly filed suit that has no merit under law that states 2300 of your ip addresses made commercial use of IP , that i'd ask you in a court of law to prove how 2300 people made any profit or money of just non commercial downloading

go away refile come back and then your 10 grand per infringement disappear to a maybe 100-5000 with the low side being told by govt to judges as "undue hardship" must be taken into account.

Then one gets into other aspects of evidence....
You in a court of law do one issue at a time some times and this is a big one if they are allowed with no proof to say non commercial downloading is commercial then there is no 100-5000 penalty and ill be spending money at a court near you for ht ehell of it too. ill allege with bs data that every teksavyy user downloaded my precious and i want the names and addresses of everyone...and ill do that to show Canada that is not the way we want to go...
funny0

funny0 to paRaMeND

Member

to paRaMeND
said by paRaMeND:

I must say you have taken some liberty in stating you speak for all of us customers! You do not speak for me! I have read through all these posts and have come to a number of conclusions:

1) most people posting have no or very little understanding and knowledge of Canadian law, some are even confusing civil and criminal law, US law, old outdated law

2) under a court order TekSavvy must produce names and ip's

3) no information has yet been turned over

4) it is the court that must decide if Voltage's request has merits, not TekSavvy, you or I

5) TekSavvy does not have any grounds to oppose the motion, they are neither judge or jury and can not decide it's merits, and are not a defendant in the case.

6) Privacy laws are over ruled by a court order

7) How Voltage will proceed with this info is not known, however they do have a history of requesting payment to avoid legal action

8) anyone caught up in this who receives a request for payment, or threat of legal action can choose to fight it in court and then can oppose the merit's or actions of Voltage and/or it's agents and partners

6 is a yes and no thing....it actually does depend on the nature of the privacy question at hand , if your an alledged terrorist then yes you have no privacy, if your an alledged maffia or gangster then no you may not BUT they have rules and procedures to follow still to make sure that you are one of those to get you on to three terror law crap. it isn't like a minister cna say persecute and violate all that persons rights....you'd also have still the right to fight on some fronts.The charter is clear too , that if a great number in society are being unduly harmed then a law may be in fact unconstitutional.
THIS is why harper made it clear abuot that cause he doesn't want this law being struck down. IF voltage gets away with this then undue harm is gonna be the norm and someone needs to push up a nothc and get this rolling in the supreme court for CRUEL and UNUSUAL PUNISHMENT....
funny0

funny0 to JMJimmy

Member

to JMJimmy
said by JMJimmy:

said by paRaMeND:

2) under a court order TekSavvy must produce names and ip's

Names yes, IPs/logs no.
said by paRaMeND:

5) TekSavvy does not have any grounds to oppose the motion, they are neither judge or jury and can not decide it's merits, and are not a defendant in the case.

Actually they have grounds to oppose the motion. a) financial hardship (they may lose a good portion of those customers for various reasons) b) they could try arguing that the logs collected were not intended for use in that way (probably won't work due to application/scope) c) Voltage is likely to take the information across borders (see 6)
said by paRaMeND:

6) Privacy laws are over ruled by a court order

Untrue. Privacy laws have stipulations for disclosure by court order, which still must be follow within the bounds of the privacy laws. ie: Even under court order data can't be taken across borders, must be secured to Tek's satisfaction, data can't be shared with others by Voltage, etc

on 5 you do know that vltage is alleging 10000 per infringement rather then non commercial ....can you tell me seeing a torrent swarm how money is being made by a user sharing ?

what tsi could do in upcoming trial is get 100 volunteers to go get a linux iso and setup a dummy tracker and show the court what voltages evidence really is and that the motion to get the names and addresses proves no more commerical gains by the ips then by a name.

Hopefully CIPPIC mentions this .YESSSS its a technicality and voltage is free to refile and spend the money to do that but then the damages will be far less and more time is gained to lawyer up and cause its under 7 grand poorer people can get a lawyer.

welcome to usa style economic terrirsm