said by Epiralawler :First of all I am not a lawyer, nor am I certified to practice law in the province of Ontario. Neither is anyone so far in this thread that I can identify. Please take everything heard here with a grain of salt and seek the proper advice if its needed.
If tek fights this like poeple want it will mean Tek is actually incriminating itself (as a company) for wilful commercial infringement (because they are profiting off of the data).
Remember there is no 3rd party exemption for ISPs in Canada (or anyone else). If an ISP (or IP owner/poster) doesn't bend over and negotiate--it gets held responsible for 3rd party usage of the assets it is responsible for.
In essence, the ISP is responsible not you, unless the ISP sides with the plaintiff completely. This is going to either have to be modified in an amendment to the Copyright Act, or through case law (as it has not been tested yet) but this is how the law works here.
An ISP can argue during discovery (like others have) that the evidence is flawed but again that is as a defendant not an innocent 'dumb pipe'. If the ISP loses that battle, then it is now defending a full blown-out corporate lawsuit.
Vonage has filed the suit to say "give us the data Tek Savvy or were suing you Tek Savvy for the commercial infringement claimed herein. They are suing Tek for the data to go after the individual, or for the money from Tek itself.
Essentially it means Tek could be liable for a minimum of 40 million dollars. (or 2 billion depending on the Judge's decision). That would kill the ISP off completely, assets and all.
Tek isn't going to destroy itself for 2 or 3 percent of its client load, privacy or not. Why is it so hard for some people to get that....
Also few comments on worst case scenario:
-- CIPPC filed amicus to ensure privacy and charter rights are going to be respected when (and if) the data is to be transferred. That includes ensuring due process is given. Neutral evidence was presented to suggest Vonage's Request was not in compliance with the law. CIPPC did not comment on the validity of the claim just the method of handling it.
-- What is reasonable will be determined on the 13th. This will include (if allowed) a reasonable grace period for Tek to pursue requisite disclosure per privacy laws.
-- The case is being heard in Superior Court. That means the trial process is more complicated and detailed. It is more then likely a Part 13 trial as well, that means you have a full variety of defence strategies. This includes cross examination of everything including the validity of a commercial claim against you.
(FYI this costs an additional $200 or so and 1 form. For both forms in your Statement of Defence, your looking at $600, plus 2-3 hours of legal assistance to structure your argument properly. All of this can be recovered if you are successful)
-- You cannot be held liable as a "Jonn/Jane Doe" in Canadian court. You have to be identified by your legal name when being accused of something. You can Motion to dismiss ($200) if, by any chance your account with TekSavvy has errors in proper identification.
-- This also means that Vonage will have to file a claim in each region where the individuals reside. You can be accused with 20, 30, or more but it has to be filed in your region of residence listed in the (valid) information from Tek Savvy.
-- Because of this you will be given plenty of time (30 days) before you have to appear in court. Remember this will have to be a new claim for due process to be followed, so the clock resets.
This is also why CIPPC intervened.
-- If you are identified and for some odd reason were not notified per the ruling on the 13th you can hold Teksavvy liable for causing you distress and violating your privacy rights. This can be handled in small claims. I'm surprised that with of this aggressive language in this thread no one has looked at this angle already...
lol nice try and i see why your not a lawyer....
