peterboroAvatars are for posersPremium
join:2006-11-03
Peterborough, ON | reply to resa1983
Re: What I would do if Voltage has my IP Address said by resa1983: Isn't that only after they file against you though?
It isn't at that point, and except for maybe 1 or 2 people being made an example of, it won't reach that point..
First will be a demand letter for two reasons;
1. It is their business model to shake down as many as possible this way.
2. It demonstrates to the court how they are swell people and tried to resolve this without wasting the courts time.
As you will already named as defendant and not Jane or John Doe in the initial action they will perfect the statement of claim against you in Federal Court if you don't adhere satisfactorily to their demands. |
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resa1983Premium
join:2008-03-10
North York, ON
kudos:7 Reviews:
 ·TekSavvy Cable
| said by peterboro:said by resa1983: Isn't that only after they file against you though?
It isn't at that point, and except for maybe 1 or 2 people being made an example of, it won't reach that point..
First will be a demand letter for two reasons; 1. It is their business model to shake down as many as possible this way. 2. It demonstrates to the court how they are swell people and tried to resolve this without wasting the courts time. As you will already named as defendant and not Jane or John Doe in the initial action they will perfect the statement of claim against you in Federal Court if you don't adhere satisfactorily to their demands. I know how they work. I've been watching how it's been going in the US for months and months on end. My question was more how things work legally in Canada, vs what their MO is.
I haven't and won't be named, as I don't download movies.  They're not worth my time as they're all crap anyways. I watch a few TV shows, and thats about it for my TV/movie watching.
The problem however, is that once you get named, you have to get yourself severed from the main suit (which may or may not happen) as you're 1 of 2000 defendants, and then get it knocked down to small claims.
The best bet right now, is CIPPIC.
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peterboroAvatars are for posersPremium
join:2006-11-03
Peterborough, ON | said by resa1983: I haven't and won't be named, as I don't download movies. They're not worth my time as they're all crap anyways. I watch a few TV shows, and thats about it for my TV/movie watching. I don't download either but I have got a notices from Cogeco. I also have an unsecured wireless router (not always on) that I don't know how to secure ready to introduce into evidence with expert testimony.
said by resa1983:The problem however, is that once you get named, you have to get yourself severed from the main suit (which may or may not happen) as you're 1 of 2000 defendants, and then get it knocked down to small claims.
The best bet right now, is CIPPIC.
You won't get severed from the action as a defendant as the plaintiff has plead and relied on the same facts and law to initiate the action. You will only move to change the venue to one in which the playing field is level with some due diligence. That is assuming you people don't mind litigating in Federal Court and being liable for substantial costs if you don't prevail. |
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 J E F FWhatta Ya Think About Dat?Premium
join:2004-04-01
Kitchener, ON
kudos:1
 ·Rogers Portable ..
·WIND Mobile
·Rogers Hi-Speed
 ·magicjack.com
| Somebody was wardriving is always a good defence.
Anyway, this does little to solve their problem, people will find safer alternatives to download their junk that leaves little or no trace and involves multiple jurisdictions and people hiding behind anonymous proxys and using VPN's. The industry needs a new business model.
I'd suggest to them that their actions are only hurting them more than it helps. The only difference will be that they will not know they are being robbed of their "intellectual property". Who's taking what from where will be a known unknown.
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If you can't explain it simply, you don't understand it well enough. - Albert Einstein |
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resa1983Premium
join:2008-03-10
North York, ON
kudos:7 Reviews:
·TekSavvy Cable
| reply to peterboro
said by peterboro:said by resa1983: I haven't and won't be named, as I don't download movies. They're not worth my time as they're all crap anyways. I watch a few TV shows, and thats about it for my TV/movie watching. I don't download either but I have got a notices from Cogeco. I also have an unsecured wireless router (not always on) that I don't know how to secure ready to introduce into evidence with expert testimony. said by resa1983:The problem however, is that once you get named, you have to get yourself severed from the main suit (which may or may not happen) as you're 1 of 2000 defendants, and then get it knocked down to small claims.
The best bet right now, is CIPPIC.
You won't get severed from the action as a defendant as the plaintiff has plead and relied on the same facts and law to initiate the action. You will only move to change the venue to one in which the playing field is level with some due diligence. That is assuming you people don't mind litigating in Federal Court and being liable for substantial costs if you don't prevail. What those in the US are doing, is arguing its too difficult to maintain proper case management in suing 2000 people at once in a single suit, due to their various defenses, so its easier on the court to sever (and the plaintiff can refile separately against Does). And the judges agree.
They don't want to see 2000 different motions on the docket for the same case.
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Battle.net Tech Support MVP |
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peterboroAvatars are for posersPremium
join:2006-11-03
Peterborough, ON | It would be appropriate to ask the court to direct the plaintiffs to file in Small Claims at that juncture in the proceedings. |
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