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

1 edit
reply to amik

Re: Why we are not opposing motion on Monday.

said by amik :

Noone seems to mention commercial infringement filed by trolls. There is not a shred of evidence of commercial infringement in a first place - where are records of transaction and money changing hands, records of personal financial gain by 2000+ IPs? Correct - there is NONE.

Perhaps all this is true of all ~2000 individuals.
But there is no way of knowing for sure without going to trial, doing examinations for discovery, and forensic analysis on every computer/backup, and bank records.

Voltage isn't going to do that because it would cost them tens of thousands for EACH person to do that, and then when they couldn't prove commercial infringement each defendant would claim $20-$100k in costs against Voltage.

If I were the judge on the 14th and did in fact let Voltage have the names, I would make it a condition that Voltage sue each named person in Federal Court and incur the costs of making their case, rather than simply sending extortion letters. There is NO a priori way of knowing who of the ~2000 actually infringed without going to trial.

----

FYI

The Criminal Code of Canada says this:

346. Extortion

346. (1) Every one commits extortion who, without reasonable justification or excuse and with intent to obtain anything, by threats, accusations, menaces or violence induces or attempts to induce any person, whether or not he is the person threatened, accused or menaced or to whom violence is shown, to do anything or cause anything to be done.

Extortion
(1.1) Every person who commits extortion is guilty of an indictable offence and liable

yada yada yada

Saving
(2) A threat to institute civil proceedings is not a threat for the purposes of this section.


In other words....
346(2) gets Voltage off the criminal hook.


amik

@snydernet.net

So, basically its an extortion attempt under a false pretenses then. Lovely



Zing

@beanfield.net

I wonder if we could class-action their asses after all this is done.