reply to rednekcowboy
Re: Voltage Versus Teksavvy, Round 2 Continued
said by rednekcowboy:Voltage are trolls and they're ethically challenged. There's no reason to believe their approach to ISPs would be any different than it is to individuals. So I would bet a beer that the opening salvo of this involved Voltage approaching TekSavvy threatening with some very considerable damages and a very tight deadline in which to make a choice between agreeing not to oppose the motion or something along the lines of being charged with 4000 (or more) counts of commercial copyright infringement, a trial that would last many years through multiple appeals and would face statutory penalties of ~$80 million.
Instead of fighting the motion for the IP's, they didn't even contest it and they stated that it was not their fight to protect pirates.
At that point TekSavvy had a very difficult decision to make and it seems like they ended up formulating a cleever strategy that both allowed them to continue to survive as a company and serve their customers' best interests -- they would agree not to oppose the motion on the condition that they would have the time to notify their customers and give them (or a keen public interest clinic) the opportunity to fight before they became victims of extortion letters. As we can see that wasn't a cheap option either: TekSavvy are currently out of pocket $190,000 that may or may not be recoverable.
How this strategy will work out in the long run is yet to be seen, but so far it's not going too badly for everyone (except for the trolls). And everyone has to concede that unlike any other Voltage suit in Canada, thanks to TekSavvy there is actually an opportunity now to fight this thing before names are released. It may not be the ideal solution and it may not work in the future, but what we've got now is a hell of a lot better than we would have had if they had just stood by and watched a judge rubberstamp a court order, which is all the law required of them.
said by rednekcowboy:Being reimbursed for out of pocket expenses is completely different than being paid. Anyone who's dealt with their insurance company or the taxman knows this.
The fight begins when it comes time to tally how much money they are going to receive for the information.
tired, this makes sense ... go after a small ISP rather than Bell or Rogers customers and get the legal weight or either of them involved (and you know that as soon as Rogers or Bell lawyers get involved that 190,000 would be more like 1.9 million! The risks are just too high to go after them!