 hm @videotron.ca | reply to resa1983
Re: CIPPIC has been granted Intervenor Status said by resa1983:said by Perma:How significant is this? Very. They have full intervenor status. CIPPIC got partial intervenor status in the BMG case. Do they? I don't see that stated there.
CONSIDERING that the record before me justifies the intervention of CIPPIC on the Plaintiff's discovery motion, but at this time, on no other aspect of the Plaintiffs action against the Defendants, ... |
|
|
|
 Txbronx cheers from cheap seatsPremium join:2008-11-19 kudos:3 Reviews:
·FreePhoneLine
·Rogers Hi-Speed
·TekSavvy DSL
| reply to resa1983
Re: CIPPIC has been granted Intervenor Status said by resa1983:said by bbiab:Who has said they have to pay anything? They will need to pay Teksavvy costs. They should be paying more then Teksavvy's costs. The should be paying for Teksavvy's time on this as well as anything else their lawyers can come up with |
|
 TSI MarcPremium,VIP join:2006-06-23 Chatham, ON kudos:14 | reply to hm said by hm :Do they? I don't see that stated there. yes. they do. page three at bottom.. 1 - a & b. -- Marc - CEO/TekSavvy |
|
 | reply to Tx said by Tx:said by resa1983:said by bbiab:Who has said they have to pay anything? They will need to pay Teksavvy costs. They should be paying more then Teksavvy's costs. The should be paying for Teksavvy's time on this as well as anything else their lawyers can come up with The second response wasn't quite so sure. |
|
 | reply to Perma The CIPPIC has been granted full intervenor status is because no one else is stepping up to the plate that should be. That's quite clear in the judges order on this:
UPON considering the motion record of CIPPIC, the responding motion record of the Plaintiff, and the reply of the CIPPIC, and noting that the Respondent TekSavvy Solutions Inc. has not taken a position on this motion. and
CONSIDERING that the issues raised on the Plaintiff's motion, if determined without opposition, will not likely be contested or revisited by the Court at the request of the newly identified and served Defendants, since, by then, their identity will have been communicated to the Plaintiff and the issue might be moot. In other words judge realizes the evidence will be tested by potential defendants due to issues raised by the CIPPIC, which should have been raised by TSI directly in this case. If the motion stood unopposed, defendants (and TSI's customers) could very much shoulder the legal costs associated with defending against spotty evidence that should have been tested at the beginning of the case.
While this development is a win for TSI customers, TSI is well within it's rights to oppose this motion at minimal costs.
»excesscopyright.blogspot.ca/2013···isp.html
Keep in mind currently it's not TSI defending consumers right to privacy under spotty evidence here. It's the CIPPIC. TSI should not be getting a pat on the back just yet. They have yet to show any responsibility to their customers on this. A statement echoed by the court order today! -- My Canadian Tech Podcast: »canadiantechnetwork.podbean.com/ My Self Help and Digital Policy Blog: »jkoblovsky.wordpress.com/
|
|
 MFido join:2012-10-19 kudos:1 | Howard Knopf is a "I know better, I know it all" person. I do not have any confidence in this type of people.
And it is easy for Distributel to oppose now, AFTER Teksavvy stepped in and some things are more clear AFTER Distributel fails to do so in November ...
Just saying it is not all black and white ... So far Teksavvy did the part they suppose to do! |
|
 sbrookPremium,Mod join:2001-12-14 Ottawa kudos:4 Reviews:
·TekSavvy Cable
| First the order did not come from a judge, but a court prothonotary. Second you are reading things into the order that are not there. There is nothing there that says these issues should have been raised by TSI. As has been stated, TSI is potentially in a position of aiding and abetting these copyright violations. They could well have been threatened with a suit if they didn't take a neutral stance - we just don't know.
This is not really Copyright Holder vs John and Jane Doe at this stage, it's a petition of Copyright Holder vs the Crown, therefore it should be the crown seeking expert witnesses and asking questions. In this case, as an intervenor, CIPPIC will essentially be the crown's expert witnesses. TSI plays a side role in this.
It's not up to TSI to protect your privacy rights, it's up to the Crown. They set the rules, now it's up to them to enforce them. |
|
 TypeS join:2012-12-17 London, ON kudos:1 | I forgot about the Crown on my posts. My stance who protects privacy rights is much like your sbrook. But we'll slandered for it unfortunately. Like environmentalists that shove their green energy agendas in your face. |
|
 | reply to MFido said by MFido:Howard Knopf is a "I know better, I know it all" person. I do not have any confidence in this type of people.
And it is easy for Distributel to oppose now, AFTER Teksavvy stepped in and some things are more clear AFTER Distributel fails to do so in November ...
Just saying it is not all black and white ... So far Teksavvy did the part they suppose to do! I don't see that at all, in fact quite the opposite. Knopf has a very long history of sticking up for consumers on copyright related issues. What he has been writing about is specifically on consumers rights, and the legal rights private companies have under privacy laws under circumstances like this.
And regardless of linking to Knopf here, it seems the judge also recognizes problems that could arise in this case if the motion remained unchallenged. It's not just Knopf, it's now also federal judges that have taken issue with TSI's stance and problems that would create.
Again it's the CIPPIC representing consumers here, not TSI. -- My Canadian Tech Podcast: »canadiantechnetwork.podbean.com/ My Self Help and Digital Policy Blog: »jkoblovsky.wordpress.com/
|
|
 | reply to Perma Happy Valentine's Day indeed!
Looks like Voltage is in for an interesting and expensive time.
I would urge everyone to donate to CIPPIC to help them offset the costs of this action. All persons interested in preserving and strengthening an open internet, especially a wireless one, should considered giving. Those that have been notified about downloading should view CIPPIC as their best hope to escape the clutches of copyright trolls such as Voltage.
Although I was not notified, I am more concerned about all those innocent persons who will be caught up in this mess if Voltage succeeds. The basis of Wifi is threatened by these trolls, given the general population's lack of knowledge about proper security.
Thanks again to CIPPIC! |
|
 AkFubarAdmittedly, A Teksavvy Fan join:2005-02-28 Toronto CAN. Reviews:
·TekSavvy DSL
| reply to jkoblovsky said by jkoblovsky:The CIPPIC has been granted full intervenor status is because no one else is stepping up to the plate that should be. That's quite clear in the judges order on this:
UPON considering the motion record of CIPPIC, the responding motion record of the Plaintiff, and the reply of the CIPPIC, and noting that the Respondent TekSavvy Solutions Inc. has not taken a position on this motion. and CONSIDERING that the issues raised on the Plaintiff's motion, if determined without opposition, will not likely be contested or revisited by the Court at the request of the newly identified and served Defendants, since, by then, their identity will have been communicated to the Plaintiff and the issue might be moot. In other words judge realizes the evidence will be tested by potential defendants due to issues raised by the CIPPIC, which should have been raised by TSI directly in this case. If the motion stood unopposed, defendants (and TSI's customers) could very much shoulder the legal costs associated with defending against spotty evidence that should have been tested at the beginning of the case. While this development is a win for TSI customers, TSI is well within it's rights to oppose this motion at minimal costs. » excesscopyright.blogspot.ca/2013···isp.htmlKeep in mind currently it's not TSI defending consumers right to privacy under spotty evidence here. It's the CIPPIC. TSI should not be getting a pat on the back just yet. They have yet to show any responsibility to their customers on this. A statement echoed by the court order today! Further, TSI has not had the opportunity to fully explain it's position in this situation because of the pending hearing. They have indicated this is the case previously. I think it would be wise of you to restrain your criticism until you know the details of their stance. -- BHell... A Public Futility. |
|
 sbrookPremium,Mod join:2001-12-14 Ottawa kudos:4 Reviews:
·TekSavvy Cable
| reply to jkoblovsky said by jkoblovsky:it seems the judge also recognizes problems that could arise in this case if the motion remained unchallenged. It's not just Knopf, it's now also federal judges that have taken issue with TSI's stance and problems that would create.
Again it's the CIPPIC representing consumers here, not TSI. Again, it's the prothonotary who recognizes problems if there is no consideration of all aspects of the matter ... not a matter of "unchallenged". Not the judge.
CIPPIC is not representing consumers alone, they are representing public policy. In other words, things may come out of their presentations and questions that could be in favour of Voltage. This is far more than a simple us vs them matter. |
|
 hm @videotron.ca | reply to TSI Marc said by TSI Marc:said by hm :Do they? I don't see that stated there. yes. they do. page three at bottom.. 1 - a & b. ty for clarifying. |
|
 1 edit | reply to AkFubar said by AkFubar  Further, TSI has not had the opportunity to fully explain it's position in this situation because of the pending hearing. They have indicated this is the case previously. I think it would be wise of you to restrain your criticism until you know the details of their stance. Constructive criticism should always be welcomed. I too believe this has to play itself out, however it is also important to re-enforce what consumers rights are and the roles and responsibilities ISPs have under law regarding your personal information throughout this process going forward. That's very important, not just from a copyright point of view, but from how your online data is used online as well.
I'm looking on this with a different set of eyes then most. There's a lot of abuse of privacy when it comes to your online data.
We have laws in place to help curb abuse. That legal responsibly falls with companies that hold our private information to ensure requests are within legal standard and merit. If private companies don't start doing their part for whatever reason, than this system of accountability and oversight doesn't work, and your online data could be used for pretty much anything, by anyone. That's the threat here. -- My Canadian Tech Podcast: »canadiantechnetwork.podbean.com/ My Self Help and Digital Policy Blog: »jkoblovsky.wordpress.com/
|
|
 | reply to sbrook I don't think the prothonotary would have been raising the issues of the "IP address does not equal a person" issue.
That is the key to this case and it seems only CIPPIC is interested is bringing it up. As for other potential judicial hazards, there is less to fear than just rolling over and handing Voltage a list of subscriber's names. Of course, there is no guarantee what direction this will go. This action, IMHO, will make history and help set case law. |
|
 Hyrules join:2006-07-19 Gatineau, QC kudos:1 Reviews:
·FreePhoneLine
·Videotron
·ELECTRONICBOX
1 edit | reply to Perma Openmedia is a pro privacy non lucrative organisation. This can just mean more troubles for Voltage. They are part of the reason Bill-C30 didn't go thru. This is indeed good news. -- - Technicien en informatique / Computer tech [A+] - Chasseur d'orage / Storm Chaser |
|
 sbrookPremium,Mod join:2001-12-14 Ottawa kudos:4 Reviews:
·TekSavvy Cable
| reply to jkoblovsky The online data that needs protection is far more than simply the name associated with the account that was online at time X on date X.
What matters in this case is verification that someone on a system assigned to IP x at a date and time did in fact violate copyright law and whether the person who supposedly violate copyright was assigned IP x, otherwise the court is potentially ordering the release of a name (I can get anyone's name from a phone book and after all there's no real difference between an IP and a phone number) but in doing so the court may be subjecting them to nothing short of persecution by false suit.
And of course the risk of further persecution and further false suits.
So this is not really about data protection it's all about risk of persecution by releasing names and that is the court's job. |
|
 | I Am Glad someone is standing up for teksavvys customers.. Shame its not teksavvy thou. Does Cippic run a Isp by chance? -- Every time Someone leaves Sympatico an Angel gets its wings.
|
|
 sbrookPremium,Mod join:2001-12-14 Ottawa kudos:4 | »www.cippic.ca/ |
|