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bt
join:2009-02-26
canada

1 recommendation

bt to WhosTheBosch

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to WhosTheBosch

Re: Ppl need a reality check about leaving due to their stance

said by WhosTheBosch:

The MAIN issue is that TekSavvy is giving out identifying information without anyone having been convicted of a crime

1) It's a civil case, not criminal. Nobody will be "convicted of a crime" for this, even if Voltage has a picture of them at their computer with the torrent window clearly visible.

2) Regardless, the court proceedings would be after the accused is identified. It will not happen the other way around. And you really don't want it to, either - unless you'd prefer that the courts rule on the matter without having the opportunity to defend yourself.

3) Teksavvy won't simply give out identifying information. They are forcing Voltage to drag them through court first, to get a court order. Even if you feel they aren't putting up enough of a fight, the fact is they are putting up at least some fight - even if it is minimal.

apvm
join:2003-02-14
London, ON
Linksys WRT1900AC
SmartRG SR505N
Huawei HG612

apvm

Member

said by bt:

3) Teksavvy won't simply give out identifying information. They are forcing Voltage to drag them through court first, to get a court order. Even if you feel they aren't putting up enough of a fight, the fact is they are putting up at least some fight - even if it is minimal.

Correct me if I am wrong, they are not giving a fight. It is only proper to give out any of their customers' information with a court order otherwise they'll be breaking the terms and conditions (the part on privacy) they we signed with them.
bt
join:2009-02-26
canada

1 recommendation

bt

Member

said by apvm:

Correct me if I am wrong, they are not giving a fight. It is only proper to give out any of their customers' information with a court order otherwise they'll be breaking the terms and conditions (the part on privacy) they we signed with them.

They fought for the time to notify the affected customers beforehand, and for the delay in the proceedings (to determine if a court order will be issued) to Jan 14th.

It isn't the same as actually opposing the court order, but it's also not the same as doing nothing either.
Tong
join:2012-12-11
r3t 38x

Tong to thm655321

Member

to thm655321
I'm not a lawyer and I might be wrong, but isn't when they make you answer the question under oath. That means they must have evidence that "You" did it. With an IP address, they can't prove is you, it is only an address that associated with you.

To make someone answer oath, shouldn't they have undisputed evidence against the person?

AkFubar
Admittedly, A Teksavvy Fan
join:2005-02-28
Toronto CAN.

AkFubar to kcorscadden

Member

to kcorscadden
Weight of evidence is decided in court.

apvm
join:2003-02-14
London, ON
Linksys WRT1900AC
SmartRG SR505N
Huawei HG612

apvm to bt

Member

to bt
said by bt:

said by apvm:

Correct me if I am wrong, they are not giving a fight. It is only proper to give out any of their customers' information with a court order otherwise they'll be breaking the terms and conditions (the part on privacy) they we signed with them.

They fought for the time to notify the affected customers beforehand, and for the delay in the proceedings (to determine if a court order will be issued) to Jan 14th.

It isn't the same as actually opposing the court order, but it's also not the same as doing nothing either.

If you have read the live update of the court proceedings that day, it was only proper for the judge to delay his decision till Jan 14th because it was a matter of fact that Teksavvy don't have enough time to inform all those who are involved plus making sure no mistakes.

IMO, lawyers on both sides are doing what they are paid for, if you think that Teksavvy was doing this on purpose, you must be joking yourself. No offense.
bt
join:2009-02-26
canada

bt

Member

said by apvm:

If you have read the live update of the court proceedings that day, it was only proper for the judge to delay his decision till Jan 14th because it was a matter of fact that Teksavvy don't have enough time to inform all those who are involved plus making sure no mistakes.

I agree it was the right thing for the judge to do.

But Teksavvy didn't need to ask for a delay on that basis, and the court didn't need to grant on either.

Tx
bronx cheers from cheap seats
Premium Member
join:2008-11-19
Mississauga, ON

Tx

Premium Member

said by bt:

said by apvm:

If you have read the live update of the court proceedings that day, it was only proper for the judge to delay his decision till Jan 14th because it was a matter of fact that Teksavvy don't have enough time to inform all those who are involved plus making sure no mistakes.

I agree it was the right thing for the judge to do.

But Teksavvy didn't need to ask for a delay on that basis, and the court didn't need to grant on either.

It's one of those situations where i roll my eyes and say "Oh thank you" very sarcastically quite honestly. Everyone compares what TSI is doing to the big guys as if Teksavvy is comparable. Problem is, TSI was supposed to be different from the big guys. That was their image from the start.

apvm
join:2003-02-14
London, ON
Linksys WRT1900AC
SmartRG SR505N
Huawei HG612

apvm to bt

Member

to bt
said by bt:

said by apvm:

If you have read the live update of the court proceedings that day, it was only proper for the judge to delay his decision till Jan 14th because it was a matter of fact that Teksavvy don't have enough time to inform all those who are involved plus making sure no mistakes.

I agree it was the right thing for the judge to do.

But Teksavvy didn't need to ask for a delay on that basis, and the court didn't need to grant on either.

Well this is all technical IMO, Teksavvy wanted a clean cut and do not want any of this to come back to haunt them (get them involved again) once they released the information. As for the Court, it was the proper thing to do, it was a fact that there wasn't enough reasonable time for those who are involved to prepare for their defense if a court order were granted on that day.

Don't get me wrong, I am not against Teksavvy as I expect most ISP will do the same. It was their action that surprise me since they were labeled themselves as a different ISP from the others.
Funky_
join:2004-06-05
Canada

Funky_ to kcorscadden

Member

to kcorscadden
I saw this quoted here before and I think the OP should understand it:

»en.wikipedia.org/wiki/Bl ··· mulation

Abraham drew near, and said, "Will you consume the righteous with the wicked? What if there are fifty righteous within the city? Will you consume and not spare the place for the fifty righteous who are in it?[3] ... What if ten are found there?" He [The Lord] said, "I will not destroy it for the ten's sake."[4]
bt
join:2009-02-26
canada

bt to apvm

Member

to apvm
said by apvm:

Well this is all technical IMO, Teksavvy wanted a clean cut and do not want any of this to come back to haunt them (get them involved again) once they released the information.

Yeah, but Teksavvy could have argued the timeline for delivery of the information instead of arguing the timeline for the granting of the court order. That the information wasn't ready yet on that day, isn't in and of itself a reason to grant a delay in deciding on the court order. Teksavvy could have just said "Okay, here's our timeline for delivery of the requested information" and left it at that.

They had options. So if you don't think they chose that one on purpose, what do you think they did? Drew it out of a hat?
said by apvm:

As for the Court, it was the proper thing to do, it was a fact that there wasn't enough reasonable time for those who are involved to prepare for their defense if a court order were granted on that day.

I agree it was the proper thing to do. But again, it wasn't required of the court.

apvm
join:2003-02-14
London, ON
Linksys WRT1900AC
SmartRG SR505N
Huawei HG612

apvm

Member

Look at it this way, if a court order were granted on Jan 14th, everyone is happy except the accused. Teksavvy is out of this and most likely will be praised that they did their best. The court is good too since they have granted enough time. Voltage is most happy since they can start sending those "paid up or else" letters.

This is a "win win" situation and I must say the lawyers from Voltage was right on, it was only a PR move by Teksavvy.

JunjiHiroma
Live Free Or Die
join:2008-03-18
Renfrew, ON

JunjiHiroma to kcorscadden

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to kcorscadden
Indies have a limited amount of money, they CAN NOT spend all their money into this lawsuit and let it drag on (and make themselves go under in the process).I think TSI made the Smart move(Of not getting into a Costly Battle,If they did say no to Voltage.).
bt
join:2009-02-26
canada

bt to apvm

Member

to apvm
said by apvm:

I must say the lawyers from Voltage was right on, it was only a PR move by Teksavvy.

Either way, it did provide a benefit (albeit small) to those people identified. It gives them time to get someone (a lawyer representing them, CIPPIC, etc) to intervene on their behalf.
The Mongoose
join:2010-01-05
Toronto, ON

1 edit

1 recommendation

The Mongoose to apvm

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to apvm
said by apvm:

Look at it this way, if a court order were granted on Jan 14th, everyone is happy except the accused. Teksavvy is out of this and most likely will be praised that they did their best. The court is good too since they have granted enough time. Voltage is most happy since they can start sending those "paid up or else" letters.

This is a "win win" situation and I must say the lawyers from Voltage was right on, it was only a PR move by Teksavvy.

Why in the world would TekSavvy want to see the court order granted? They lose in multiple respects. They'd be compelled to turn over customer information that they've refused to hand over voluntarily. They'll lose customers who feel (rightly or wrongly) that TSI isn't doing enough to protect their privacy. They'll have to do work to cooperate with a company they want nothing to do with (Voltage). Their name will be in the press for all the wrong reasons.

There's nothing good about this court order being granted for TSI. The only actors in all this who want the court order granted are Voltage, their RIAA/MPAA masters, and others who profit from copyright trolling.
Tong
join:2012-12-11
r3t 38x

Tong

Member

Just imagine that if this court order is granted, then they will become the testing ground for all other studios to get the names that they can sue. There will be getting nothing but request for names from an IP.

andyb
Premium Member
join:2003-05-29
SW Ontario

andyb to Tx

Premium Member

to Tx
said by Tx:

I was once accused long long time ago, wasn't any fishing expedition like Voltage but i called their lawyers office right away and i had to fill out a lot of paperwork proving i was innocent. I was lucky back then, that the lawyers believed me and i was off the hook.

Back then you would of got an email that you should of deleted rather than respond to it.That was a fishing expedition.

The burden has been put on you by the current government,not the ISP.The ISP doesnt change laws.

Fact of the matter is the ISP can do nothing unless it a false,then the ISP can state so and does have the obligation to state that you were not using the IP or that their servers screwed up so no ID is possible,etc

The isp should always be a dumb pipe.Anything else we become the US
andyb

andyb to The Mongoose

Premium Member

to The Mongoose
TSI is not giving up the IP's.They in conjuction? (may not be the right word) with cippic are fighting it on a round about route.An ISP has no grounds to refuse an IP request,but a consumer group has a better chance as they represent the people.An ISP has no "public Interest" to a court so would not do very well.
kabes
join:2010-05-14
Kitchener, ON

1 recommendation

kabes to kcorscadden

Member

to kcorscadden
The "if you did nothing wrong you have nothing to fear" argument is short-sighted and naive.

What other forms of privacy and liberty should we give up since it really only affects the people who did something wrong?

It's called a slippery slope for a reason.

tristen1230
join:2010-12-26
Belleville, ON

tristen1230 to kcorscadden

Member

to kcorscadden
I need to agree. Leaving because they are not going to fight seems a little...too much. I guess for some people who are being affected by this I would understand but for people who are not and are just mad I would just be mad and not leave.

d4m1r
join:2011-08-25

d4m1r to kcorscadden

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to kcorscadden
This entire thread was started on the same premise as many other "don't worry if you've got nothing to hide" thread which has been proven incorrect time and time again. I think people should stop explaining why such thoughts are so far from the actual truth and just start spamming such threads with the links below:

»torrentfreak.com/finally ··· -121008/

»torrentfreak.com/evidenc ··· -110824/

DarkStar33
join:2008-03-27
Toronto, ON

1 recommendation

DarkStar33 to kcorscadden

Member

to kcorscadden
All that has happened is that TekSavvy asked for more time because they were only given 4 days. 4 day turn around for something like that is insane.

The entire matter of handing over customer records is what CIPPIC's job entails, if the cases do not have merit in court the names will not be handed over period. CIPPIC's job in this is to prevent names being extracted from the legal system so that these "shakedown" notices cannot be sent using information intended for other purposes.

Most importantly one thing at a time, TekSavvy and CIPPIC agreed they needed more time to notify people as they are required to. In the next time in court they could again agree with CIPPIC in regards to how this information is used.

Court is not a place to wage a PR war, keep your arguments on point and trust the judges to rule according to the law.

If the judge agrees with CIPPIC and The Privacy Commissioner it could set an ideal precedent that customer information can only be requested via the courts if legal trial proceedings are intended to take place.

If they dont have a vector to send people these extortion notices then these types of cases will stop dead in the tracks.