dslreports logo
 
    All Forums Hot Topics Gallery
spc

spacer




how-to block ads


Search Topic:
uniqs
12
share rss forum feed

MaynardKrebs
Heave Steve, for the good of the country
Premium
join:2009-06-17
kudos:4
reply to Arcturus

Re: If TekSavvi doesn't fight on Jan 14th, I'm leaving them.

said by Arcturus:

That is last part is not in the law, the ISP is responsible regardless if they co-operate or not. There is nothing in the law that abides an infringer of the law because they co-operated to find other infringers.

So, Teksavvy should be fighting for our privacy. (If they lose this case, they could be the ones sued for all 2000 cases). Just as much as any individuals.

Common carriers (Bell, Rogers, Telus, TSI) are NOT held responsible for aiding & betting when a terrorist makes a phone call or sends an e-mail plotting an act of mass destruction. Nor are they held responsible when a gang of bank robbers use cell phones to communicate with one another. Canada Post isn't held responsible when extortion letters are sent by Voltage.

Oh....I forget....we're talking about Hollywood and US interests...... Of course, Bell Rogers, Telus, TSI, Acanac all are accessories to heinous criminal acts of copyright infringement and must be held accountable. Bring on the black helicopters & Seal Team 6.


Good One

@videotron.ca
IP/Copyright Lawyer, Howard Knopf, put up another post that includes Teksavvy.

Basically, it's Predictions for 2013, but he just lays it out w/o making predictions because Teksavvy has the ability to write their own outcome of this whole Voltage affair.

See:

What to Watch for in Canadian Intellectual Property Law in 2013
»www.excesscopyright.blogspot.ca/ ··· -in.html

Here are a few things to look out for this year. These are essentially in the form of questions – for most of which there is no easy answer to predict. So, I’ll refrain from predicting.

COPYRIGHT

The year will no doubt kick off with the Voltage Pictures “mass litigation” campaign. It might be noted that a similar effort by Voltage involving Quebec based ISPs that did not oppose the motion to disclose their clients’ identities fizzled last year for unknown reasons – and with no individuals actually being sued. This time around, some seem to think that Voltage is more determined. Will feisty, progressive Teksavvy, the ISP that has built its reputation on being customer-friendly, actually stand up and fight for its customers’ “privacy” without taking sides on “piracy”? That’s what Shaw and Telus did vigorously and successfully in 2004, with Bell and Rogers onside if not quite as actively. What should/will Teksavvy do if it turns out to be relatively easy for it to challenge the adequacy of Voltage’s material for the motion that seeks disclosure of the names and addresses of potentially thousands of Teksavvy’s customers? The law on this, including the evidentiary concerns that could arise, was clearly laid out in the BMG case by the Federal Court of Appeal in 2005 and the background is all there on CIPPIC’s website. If Voltage’s widely circulated current material is indeed inadequate (upon which I make no comment) and an ISP as savvy as Teksavvy doesn’t challenge its adequacy at the outset, what signal will this send to future potential mass litigators and copyright “trolls”? And to Canadian ISP customers generally and Teksavvy’s customers in particular? What could CIPPIC do if it is permitted to intervene? Is this something that CIPPIC will have to do on a regular basis? What will happen if the names and addresses are eventually provided to Voltage? Will there actually be lawsuits, or will there simply be high pressure settlement demands en masse? To be continued on January 14, 2013 in the Federal Court.


Continues...

He is saying Teksavvy has the ability to write their own future (and history) here.

Now, I think many of us get the feeling that Teksavvy is just moving aside in order to let CIPPIC handle this. But, my faith isn't with CIPPIC, though they bring a lot to the table, as academics.

Arcturus

join:2008-04-18
London, ON
reply to MaynardKrebs
I don't personally think TSI or any carrier should ever be responsible (and I don't believe Canada laws does either), I was discussion with someone who said that was the case, and entertaining that even if it were the case TSI should still be fighting for people's privacy and rights.

As for the person I gave the benefit of the doubt for then assume for some reason TSI is giving out *my* information (as far as I am aware they are not), nor should they be unless it is a mistake (that I would be unable to prove as a mistake).

He told me I should be suing TSI and whatever for giving out my information, only they are not giving out my information! Why on earth would you assume that?!? Oh right if I argue for privacy I'm a child raping, pirating murderer.

funny0

join:2010-12-22
if you read hte copyright law it has network provisions that limit the isps liability and it basically in lamens terms says that if and as long as your not telling people to infringe and say running a torrent site or infringing software that they cant be held liable for we the users actions

also a not long ago case in bc that went to the supreme court sais that also again its up to the users to visit an infringing link as in
no problem to BE a torrent site and post the links to the torrents as they are not the infringing material and its YOU the user that is responsible for your actions. ergo the isp nor a website can be held liable. THATS A SUPREME COURT ruling where someone tried to sue based on someone linking to other content.

i also found bad news ina sense

one little line gave voltage more power to sue for commercial infringement if they can prove profits were made on there stuff.
BUT good news is in the same section as listed the non commercial damages they list the commercial ones.

and its crazy
500-20000 FOR ALL INFRINGEMENTS
voltage cant sue you for 10000 for 3 movies the law does not permit that.
in fact when the new trek comes out you could by the way that is worded go sell 30000 dollars worth turn yourself in and give them 20 grand and walk away laughing

again this is further proof this law should be struck down as that is telling counterfeiters the real harmers the wrong message.

poor folk are cruelly and unusually going to bear the brunt of the force of this law.

now im not a lawyer seek one please, and my views are me also learning as i go too and yea under 14000 income you can get legal aid BUT there are issues when it comes to federal courts and what you can get legal aid FOR. i urge people to check this out

also the small claims courts max was upped 2 january's ago to 25000

also learning that they removed a section that gave federal courts the last say in all matters which is a weird one and i think what they are trying to do is give each province a chance to find its own ways with this law. SO a more conservative province like alberta might go harder on you then , quebec and ontario , primarily a NDP/liberal area.
that part should also be struck down it creates confusion in the law and charter rights usually forbid that and ask for clarity when it comes to a law.

NOW voltage has waived statutory to goto commercial punitive damages so can someone give me
a site to read up on how that all works.

the idea here is to provide at least some knowledge to the users and i think going forward that things like this to help people will mitigate risk and allow us all to better enjoy the larger internet.

it took me an hour t find on google for example the full re-amended full copyright law.
its not nice of a govt to only post the amended bits and i'd argue the charter tells you to make stuff clear , that adds total confusion for any citizen wishing to learn about the laws of our land. I think it is dne on purpose as previous govts did not do that.

Liberals yes would post the changes and then link to the new bill in its entirety.

oh and i bought myself a bluray writer that came with burn software so i can put my own works onto such....funny as heck you need to pay to upgrade to put your own videos on to a disk , basically they shipped me a back up device .....ergo you can burn files but not videos.

Funny thought i'd share that with you all that i prolly will just make videos and such and NOT do any HD stuff and not do dvdr and not do bluray cause of this law ...i actually want people to play with my stuff and enjoy it.

my 2 cents....

oh and one other aspect if some other person uploaded the already cracked dvdr they should not try the anti circumvention bits on anyone ...and marc if ya goto iptv stuff please oh god please dont turn into the big bad wolf on us all and look around for animators and people willing to cheaply make stuff and do a decent quality...

i'd pay for a new thing that has little in league with all thats out there...i'd help it get off the ground as best i could.BUT if you get into iptv are you just a dumb pipe anymore? Will you sue people that download yourstuff? See how it goes....thats a part that it all went wrong with isps....

Grappler

join:2002-09-01
Ottawa, ON
said by funny0:

now im not a lawyer seek one please, and my views are me also learning as i go too and yea under 14000 income you can get legal aid BUT there are issues when it comes to federal courts and what you can get legal aid FOR. i urge people to check this out

it took me an hour t find on google for example the full re-amended full copyright law.
its not nice of a govt to only post the amended bits and i'd argue the charter tells you to make stuff clear , that adds total confusion for any citizen wishing to learn about the laws of our land. I think it is dne on purpose as previous govts did not do that.

As you stated you are not a lawyer and the statements you are making are borderline outrageous, at least when you do make a statement provide the link to support that statement:

Legal Aid in Ontario (a provincial matter), income levels cap at $18K gross for a single person. You are incorrect to state that a person can get Legal Aid for under $14K income, you are also incorrect stating there are issues when it comes to Federal Court, if you wish to help then let the people form there own opinions by also directing them to the appropriate source, in this case:

»www.legalaid.on.ca/en/default.as ··· ault.asp.

#2 - The government did not just post "amended bits" of the Copyright Act, the full act up to date can be found here:

»laws-lois.justice.gc.ca/eng/acts ··· dex.html

And here:

»www.canlii.org/en/ca/laws/stat/r ··· -42.html

Incidentally both links show up on the first page of a Google search.