O Canada! > Canadian > TekSavvy > Teksavvy Voltage motion - Looking for some advice

Teksavvy Voltage motion - Looking for some advice

This is not legal advice, just my understanding:

You do not have to respond to any of their extortion letters. You can simply ignore them. You do have to respond to anything related to the court case if it comes to that. This is where a lawyer can help.

As to when you should seek the assistance of a lawyer, the sooner the better. Unfortunately money doesn't always allow for that.

Personally I'm waiting to see what happens on the 14th, however, I'm one of the lucky ones: I have a family member who's a top litigator in Canada who I can ask these questions of. I may still get a lawyer if I can get one pro bono, otherwise I can't afford it and I'd have to accept a summary judgement and not be able to pay it.

JMjimmy As far as i know at the very least you could represent yourself even if u do so poorly,
--
Every time Someone leaves Sympatico an Angel gets its wings.

reply to John Doe 187
You should start looking around for a lawyer now, you can contact the
LSUC:

»www.lsuc.on.ca/index.aspx

They have a number you can call for a free 30 minute consultation.

Odds are all you'll need from the lawyer is a letter of reply to Voltage saying you look forward to seeing them in court and them proving their case.

Which they can't and so they won't and will go away.

The worst thing you can do is ignore it, do not do this. Voltage wants you to so they can go to court and get a judgment against you no fuss or muss. They can then sell the judgment to a collection agency and then you're life will become that much harder. They won't care about right or wrong, they have a legal document that say you owe them money, the end.

The second worst thing you can do is represent yourself, don't ever, ever do that. Not even lawyers do that.

reply to John Doe 187
I am not a lawyer, so I can't speak with authority on this.

It's my understanding that you could have a lawyer in court on January 14th to represent your interests, without having to disclose your identity, and to challenge Voltage's motion for disclosure. I believe that was the point in Teksavvy's wanting to ensure that proper notice was given to the affected John/Jane Does - to allow them time to obtain proper representation and challenge the discovery request if they so chose.

reply to resa1983

reply to resa1983
resa1983, that was some good reading, thanks.

reply to bullwinkle
>Apparently, representing yourself can be a gamble,

It really is and when you go without a lawyer you're not working within the system and that rarely goes well.

It's like walking into a dark forest without a guide, theoretically you can do it, after all it's just walking! but in reality you'll end up falling off a cliff that a guide with experience could have seen coming.

You have to remember in court there is no undo, when you say something stupid that hurts your case, that's it you're done.

If you've gotten notice from TSI that Voltage has you in their troll-sights start looking at lawyer options now so that if the judge in two weeks gives them your name and number you can hit the ground running.

It can't be said enough, they're bullies they'll only go after the vulnerable and those would be anyone without a lawyer.

reply to bullwinkle

reply to morisato

reply to Dr Facts
Dr Facts works for the government folks.

reply to John Doe 187
I live next-door to lawyers who also have streets named after them. A judge previously lived in the same house. This is a civil case not a criminal one. Don't let your emotions come into play. You simply do whatever is cheapest even if paying off Voltage is the cheaper of the two options.

If you pay them, your name will be put on a nice list and you can expect similar letters every few months.

reply to ChuckcZar

reply to John Doe 187
If I got a letter (which I won't, because I'm not with Teksavvy and not in ON). I would get lawyer and go to court, even if I had to pay the lawyer. Because:

1. If you go to court, the order or result of the judgement would be on record, so they can't go after you again for the same thing. If you settle, they would go after you again and again probably with the same thing because the settlement most likely is not on record (It will be on their internal record to go after you again and again).

2. I would rather pay a local lawyer some money, help out the local economy than pay the troll or the company that is not even in my city.

3. There will be less chance for Troll go after you again because they realized that you will go to the court, which cost them too much money.

reply to John Doe 187
The first thing you should do is read the speculative invoicing handbook.
»www.scribd.com/doc/115443516/The···-Edition

You should also familiarize yourself with how these copyright trolls do business. Here's a good article about a company that uses the same tactics as Voltage Pictures - »torrentfreak.com/o2-be-customers···-121204/

Although Voltage Pictures is attempting to portray this as commercial copyright infringement, they don't have a leg to stand on so if they decide to take anyone to court then you should be able to convince a judge that this should be handled by small claims court.

If you live in Ontario, check out this link - »www.attorneygeneral.jus.gov.on.c···/guides/

reply to John Doe 187
I would contact CIPPIC. I believe they may be looking for people to give them standing to oppose Voltage at the hearing on the 14th, and may be willing to help you out over the long term too.