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59137280

join:2006-07-06
Montreal, QC

Downloaded torrent - warning letter from ISP

I received a letter from my ISP showing that someone from my IP address downloaded the movie "The Hurt Locker". The letter had all the details about the torrent, date, time, IP, file hash checksum, etc.
The tone of the letter was such that apparently the ISP is an unwilling link in this chain but they said that if it comes to courts they will have to give me up...

Am I in trouble now? The reason is that I was listening to CBC Radio One today and they were talking about "illegal" downloads and "piracy" and they specifically mentioned The Hurt Locker movie and that it's in Ontario courts now. So if/when it comes to Quebec courts, will I be fucked?

Here's this todays' show »www.cbc.ca/player/AudioMobile/Ra···4924705/
--
God is a superstition. Religion is poison.


zadigre

join:2006-10-02
Montreal, QC
Reviews:
·ELECTRONICBOX

yes you will be fucked.

but they will have to prove that you shared or downloaded this file...
we really do not know how they will manager everything right now because the law has not passed yet.
--
SpeedCable Extreme 60 avec Electronic Box!



JEDI

join:2005-04-11
Longueuil
kudos:1
reply to 59137280

It is unlikely (not not impossible) that you would go to court. They would likely try to scare you with bully letters if they manage to get your contact info.

Truth is they have no proof, a torrent log is meaningless.


H_T_R_N
Premium
join:2011-12-06
Valencia, PA
kudos:1
Reviews:
·voip.ms

said by JEDI:

It is unlikely (not not impossible) that you would go to court. They would likely try to scare you with bully letters if they manage to get your contact info.

Truth is they have no proof, a torrent log is meaningless.

Yes but if they are able to get a warrant for his computers they will go through EVERYTHING! All his porn and movies that he stole, all the DVD he burnt. The damage that will be caused to family photo CDs from them throwing them in with all the other stuff that he stole. If I were the OP I would wipe his hard drive, or better yet throw it in the trash. You could use it for target practice, but you guys don't have guns up there. You might want to cancel your ISP account and move to Mexico, or at least cancel you IPS account, that way they might purge your account of any traffic they will have to give up to law enforcement. Chances are that they are monitoring everything you do now so that they can catch you red handed while downloading your next Disney feature length movie. You might want to leave the doors unlocked so that when they do bust in they don't break the door, one less thing you will have to repair when you get out of jail.
--
Hey retard, a Low Frequency Effects Channel is a subwoofer.

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Hyrules

join:2006-07-19
Gatineau, QC
kudos:1
Reviews:
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4 edits

said by H_T_R_N:

said by JEDI:

It is unlikely (not not impossible) that you would go to court. They would likely try to scare you with bully letters if they manage to get your contact info.

Truth is they have no proof, a torrent log is meaningless.

Yes but if they are able to get a warrant for his computers they will go through EVERYTHING! All his porn and movies that he stole, all the DVD he burnt. The damage that will be caused to family photo CDs from them throwing them in with all the other stuff that he stole. If I were the OP I would wipe his hard drive, or better yet throw it in the trash. You could use it for target practice, but you guys don't have guns up there. You might want to cancel your ISP account and move to Mexico, or at least cancel you IPS account, that way they might purge your account of any traffic they will have to give up to law enforcement. Chances are that they are monitoring everything you do now so that they can catch you red handed while downloading your next Disney feature length movie. You might want to leave the doors unlocked so that when they do bust in they don't break the door, one less thing you will have to repair when you get out of jail.

That not true. You are only trying to scare him. This will not end up in criminal court. Nobody is watching anyone. Not even the RCMP as they have other more important shit than watching assburger download whathever is download. Not even those stupid CARNIPRE are watching. That would be against the law : The Privacy Law. The warrants are only in issued criminal courts. Public court system or small claims does not authorize warrants to search a computers. You must be willing to give your computer for inspection and even then they will have only the right to find the supposedly alleged download movie. Everything else they find will not be retained in the case. Unless they would find kid porn. My specialization in university is security. I had last trimester a class about cybercrime and It was one of the best class I had on the subject up to now. All this is covered in there. The only type of warrant he could have is a warrant of arrest if he never shows up in court if I so ever happen to happen.

Best case scenario : you receive and extorsion letter, you ignore it, nothing happens. ( Most likely the case )

Worst case scenario : you go to court, you lose, you pay 5000$ + lawyers fees. By the way 5000$ is the max you could pay. A juge could rule really less than that.

--
- Technicien en informatique / Computer tech [A+]
- Chasseur d'orage / Storm Chaser


BigBlarg

join:2008-02-10
Longueuil, QC
kudos:1

Not that I worry about that but that's some really interesting information.



En Enfer
This account has been compromised

join:2003-07-25
Montreal, QC
kudos:4
reply to Hyrules

said by Hyrules:

That not true. You are only trying to scare him. This will not end up in criminal court. Nobody is watching anyone. Not even the RCMP as they have other more important shit than watching assburger download whathever is download.

Really ?
- Megaupload owner, Kim Dotcom, faces 50 years of prison for running a website which let people download pitated content.
- Cardiologist Guy Turcotte who killed his kids and wife, was diagnostiqué as mentally insane and released...

Copyright trolls means money, which we know will end up in lawyers pockets. There's no money to be made when lives are lost...

(only Bell expects the deceased to call to cancel his subscription)
--
Tell your children over dinner, "Due to the economy, we are going to have to let one of you go."


Hyrules

join:2006-07-19
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reply to 59137280

I mean copyright infringement not hosting material to share with the world. Theses are completely different type of cases. I dont even know why you use Dr Turcotte case it's not even relevant to this situation in those cases it was the crown or the state or the country against John Doe = criminal. We are talking cybercrimes. In this case it's small claim court that will be used. it's not the crown vs john doe. it's voltage vs john doe and it's small claim. Warrants are not used nor permitted in small claim courts. they have to prove you did it and you have to prove you didn't. Even if he is found guilty he won't have a criminal record.
--
- Technicien en informatique / Computer tech [A+]
- Chasseur d'orage / Storm Chaser



JEDI

join:2005-04-11
Longueuil
kudos:1
Reviews:
·ELECTRONICBOX
reply to En Enfer

said by En Enfer:

said by Hyrules:

That not true. You are only trying to scare him. This will not end up in criminal court. Nobody is watching anyone. Not even the RCMP as they have other more important shit than watching assburger download whathever is download.

Really ?
- Megaupload owner, Kim Dotcom, faces 50 years of prison for running a website which let people download pitated content.
- Cardiologist Guy Turcotte who killed his kids and wife, was diagnostiqué as mentally insane and released...

Copyright trolls means money, which we know will end up in lawyers pockets. There's no money to be made when lives are lost...

(only Bell expects the deceased to call to cancel his subscription)

Kim Dotcom doesn't live in Canada and wasn't sharing a file on p2p networks. His case is about to die in the US because he is a german living in New Zeland operating a Hong Kong company. There isn't anything related to the US in his case (NZ prime minister said publicly what his gov did to him was illegal). US lawyers are trying to change the law in the US to allow the pursuit of foreign companies that don't have any presence in the US otherwise the case will be dismissed.

H_T_R_N
Premium
join:2011-12-06
Valencia, PA
kudos:1
Reviews:
·voip.ms
reply to Hyrules

said by Hyrules:

said by H_T_R_N:

said by JEDI:

It is unlikely (not not impossible) that you would go to court. They would likely try to scare you with bully letters if they manage to get your contact info.

Truth is they have no proof, a torrent log is meaningless.

Yes but if they are able to get a warrant for his computers they will go through EVERYTHING! All his porn and movies that he stole, all the DVD he burnt. The damage that will be caused to family photo CDs from them throwing them in with all the other stuff that he stole. If I were the OP I would wipe his hard drive, or better yet throw it in the trash. You could use it for target practice, but you guys don't have guns up there. You might want to cancel your ISP account and move to Mexico, or at least cancel you IPS account, that way they might purge your account of any traffic they will have to give up to law enforcement. Chances are that they are monitoring everything you do now so that they can catch you red handed while downloading your next Disney feature length movie. You might want to leave the doors unlocked so that when they do bust in they don't break the door, one less thing you will have to repair when you get out of jail.

That not true. You are only trying to scare him. This will not end up in criminal court. Nobody is watching anyone. Not even the RCMP as they have other more important shit than watching assburger download whathever is download. Not even those stupid CARNIPRE are watching. That would be against the law : The Privacy Law. The warrants are only in issued criminal courts. Public court system or small claims does not authorize warrants to search a computers. You must be willing to give your computer for inspection and even then they will have only the right to find the supposedly alleged download movie. Everything else they find will not be retained in the case. Unless they would find kid porn. My specialization in university is security. I had last trimester a class about cybercrime and It was one of the best class I had on the subject up to now. All this is covered in there. The only type of warrant he could have is a warrant of arrest if he never shows up in court if I so ever happen to happen.

Best case scenario : you receive and extorsion letter, you ignore it, nothing happens. ( Most likely the case )

Worst case scenario : you go to court, you lose, you pay 5000$ + lawyers fees. By the way 5000$ is the max you could pay. A juge could rule really less than that.

You have your info I have mine. He is being monitored! There are several others as well. The only option he has now it to wipe out his drive and beg the admins here to wipe out he posts bragging about the thievery. $5000 is peanuts compared to what he is going to be looking at unless he wipes his drive and swaps ISPs.
I have no doubt that he will do neither because hes an Internet tough guy! Kids look up to him.
--
Hey retard, a Low Frequency Effects Channel is a subwoofer.

Guess who?


Hyrules

join:2006-07-19
Gatineau, QC
kudos:1
Reviews:
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1 edit
reply to 59137280

New bill / Law C11 in canada state that the maximum you can pay for copyright infringement is 5000$ that it. There is no if and buts. Check the canadian laws if you don't believe me. I dont' even know why I waste my time arguing with someone who is even not in the country. Even if he was being monitored which is clearly again the privacy law here in canada, they couldn't used this in a court as it's illegal. I know the state are trying to change they law to sue people out of country but that has not been done yet.

quote:
38.1 (1) Subject to this section, a copyright owner may elect, at any time before final judgment is rendered, to recover, instead of damages and profits referred to in subsection 35(1), an award of statutory damages for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally,


(a) in a sum of not less than $500 and not more than $20,000 that the court considers just, with respect to all infringements involved in the proceedings for each work or other subject-matter, if the infringements are for commercial purposes; and


(b) in a sum of not less than $100 and not more than $5,000 that the court considers just, with respect to all infringements involved in the proceedings for all works or other subject-matter, if the infringements are for non-commercial purposes.

»www.parl.gc.ca/HousePublications···ile=30#2

This is a non commercial infringement and no money was made out of this section 38.1 then apply. 5000$ is for the sum of all infringements.

Even if they would decide to sue him :

quote:
Rights holders can elect to pursue actual damages from copyright infringement instead of statutory damages, but those are likely to be even smaller in the case of a downloaded movie or song. The net effect, as the government indicated in its advisory on the bill, is supposed to be that "Canadians will not face disproportionate penalties for minor infringements of copyright."

»www.michaelgeist.ca/tags/c-11

--
- Technicien en informatique / Computer tech [A+]
- Chasseur d'orage / Storm Chaser

H_T_R_N
Premium
join:2011-12-06
Valencia, PA
kudos:1
Reviews:
·voip.ms

1 edit

said by Hyrules:

New bill / Law C11 in canada state that the maximum you can pay for copyright infringement is 5000$ that it. There is no if and buts. Check the canadian laws if you don't believe me. I dont' even know why I waste my time arguing with someone who is even not in the country. Even if he was being monitored which is clearly again the privacy law here in canada, they couldn't used this in a court as it's illegal. I know the state are trying to change they law to sue people out of country but that has not been done yet.

quote:
38.1 (1) Subject to this section, a copyright owner may elect, at any time before final judgment is rendered, to recover, instead of damages and profits referred to in subsection 35(1), an award of statutory damages for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally,


(a) in a sum of not less than $500 and not more than $20,000 that the court considers just, with respect to all infringements involved in the proceedings for each work or other subject-matter, if the infringements are for commercial purposes; and


(b) in a sum of not less than $100 and not more than $5,000 that the court considers just, with respect to all infringements involved in the proceedings for all works or other subject-matter, if the infringements are for non-commercial purposes.

»www.parl.gc.ca/HousePublications···ile=30#2

This is a non commercial infringement and no money was made out of this section 38.1 then apply. 5000$ is for the sum of all infringements.

Even if they would decide to sue him :

quote:
Rights holders can elect to pursue actual damages from copyright infringement instead of statutory damages, but those are likely to be even smaller in the case of a downloaded movie or song. The net effect, as the government indicated in its advisory on the bill, is supposed to be that "Canadians will not face disproportionate penalties for minor infringements of copyright."

»www.michaelgeist.ca/tags/c-11

That is only if they catch him downloading it, if he is making it available to others to download, (and he is I just checked) its a whole nother ballgame. But hes a/n (Internet) tough guy, he will fight it to the end!!

»36 governments (including Canada's) spying on their citizens

If you need more proof!

POWER (and all the movies and music) TO THE PEOPLE!!

--
Hey retard, a Low Frequency Effects Channel is a subwoofer.

Guess who?


59137280

join:2006-07-06
Montreal, QC

said by H_T_R_N:

if he is making it available to others to download, (and he is I just checked)

Are you talking about me? What are you talking about?

--
God is a superstition. Religion is poison.

GuiGQc

join:2012-02-22
Gatineau, QC
reply to H_T_R_N

said by H_T_R_N:

Yes but if they are able to get a warrant for his computers they will go through EVERYTHING! All his porn and movies that he stole, all the DVD he burnt. The damage that will be caused to family photo CDs from them throwing them in with all the other stuff that he stole. If I were the OP I would wipe his hard drive, or better yet throw it in the trash. You could use it for target practice, but you guys don't have guns up there. You might want to cancel your ISP account and move to Mexico, or at least cancel you IPS account, that way they might purge your account of any traffic they will have to give up to law enforcement. Chances are that they are monitoring everything you do now so that they can catch you red handed while downloading your next Disney feature length movie. You might want to leave the doors unlocked so that when they do bust in they don't break the door, one less thing you will have to repair when you get out of jail.

You should be a film Director... Are you really talking about Canada?


Hyrules

join:2006-07-19
Gatineau, QC
kudos:1
Reviews:
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reply to 59137280

I'm repeating again. This in not a criminal case and wont be. Legislation in Canada is different from the USA. Voltage is trying to sue people and this is a case for small claim court. In small claim court there are no warrant to search a computer or a house. Police is not even involved in small claim court. It's voltage agains John Doe. Not the crown or the police.
--
- Technicien en informatique / Computer tech [A+]
- Chasseur d'orage / Storm Chaser


zadigre

join:2006-10-02
Montreal, QC
Reviews:
·ELECTRONICBOX
reply to H_T_R_N

said by H_T_R_N:

That is only if they catch him downloading it, if he is making it available to others to download, (and he is I just checked) its a whole nother ballgame. But hes a/n (Internet) tough guy, he will fight it to the end!!

»36 governments (including Canada's) spying on their citizens

If you need more proof!

POWER (and all the movies and music) TO THE PEOPLE!!

seriously, did you read on the subject before posting this image?

The Finfisher things have nothing to do with the music and movies industries... in most countries, these software are used by the government to spy on some people when they have a reason to do it (ex: terrorism)... it's not to spy on everyone and to check if you illegally download some software, music or movies.

Stop being paranoid if there is nothing against you... we are in Canada here... not in some countries like China where the government might want to kill you because your think by yourself.
--
SpeedCable Extreme 60 avec Electronic Box!


fatpipe

join:2011-10-02
Austin, TX
reply to 59137280

My suggestion would be to encrypt your system drives and all internal/external data drives. Ensure you use a strong passphrase.

Also, do not torrent using your true IP, use a VPN or proxy service.

Just my two cents worth.



59137280

join:2006-07-06
Montreal, QC

said by fatpipe:

My suggestion would be to encrypt your system drives and all internal/external data drives. Ensure you use a strong passphrase.

Also, do not torrent using your true IP, use a VPN or proxy service.

Just my two cents worth.

Encrypting isn't as reliable as one might think - if you get caught or prosecuted for something computer-related they will want to know what is on those encrypted disks and they will most likely make you give up that encryption password by psychological pressure means, menacing you, promising to reduce your penalty, and so on - you will very likely give up that encryption password.
--
God is a superstition. Religion is poison.


Hyrules

join:2006-07-19
Gatineau, QC
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reply to 59137280

Even wiping your disk isn't safe. Even military grade erasure isn't perfect. it's always possible to recover something that was deleted even if overwriten. I'll admit it would be hard but not impossible.
--
- Technicien en informatique / Computer tech [A+]
- Chasseur d'orage / Storm Chaser



SHY
0x27
Premium
join:2010-06-21
Cote Saint-Luc, QC
reply to Hyrules

said by Hyrules:

I'm repeating again. This in not a criminal case and wont be. Legislation in Canada is different from the USA. Voltage is trying to sue people and this is a case for small claim court. In small claim court there are no warrant to search a computer or a house. Police is not even involved in small claim court. It's voltage agains John Doe. Not the crown or the police.

Small claims courts cannot be used by incorporated companies in Quebec.
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Take that Videotron and stuff it!


Hyrules

join:2006-07-19
Gatineau, QC
kudos:1
reply to 59137280

Possibly. I'm not sure about the court type but what i'm sure it's that it's not criminal court.
--
- Technicien en informatique / Computer tech [A+]
- Chasseur d'orage / Storm Chaser


GuiGQc

join:2012-02-22
Gatineau, QC

Meaning that you shouldn't get a criminal record, even if it's though public torrents (and that your uploading/sharing the files)?



Hyrules

join:2006-07-19
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3 edits
reply to 59137280

that's right. For example a company sue a person for coping a paper or a book. Does it end with a criminal record ? No. The guilty party has to pay for the damages that's all. But it's indeed copyright infringement.

In this case since the damages are quite minimal he wouldn't have to pay much. 5000$ is the maximum total amount one could have to pay for copyright infringement. ( so if he would be charged for 1000 songs at 10$ a song, unfortunately for the copyright troll 5000$ is all they would get) A judge would mostlikely rule something around 100$ for one simple movie he didn't make money out it. It would indeed cost more lawyer money than it would cause in damage. So chances are voltage wont sue anyone because they would end up paying alot more that they would get.
--
- Technicien en informatique / Computer tech [A+]
- Chasseur d'orage / Storm Chaser



Hyrules

join:2006-07-19
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reply to 59137280

That also mean that even if you download copyrighted material, if nobody cares you will never get caught. Here the RCMP does not care about that kind of infringement and are not looking into it. They are more busy running after kid porn or serial killer than joe bloe downloading copyrighted material in their basement. CSIS is busier with the security of the country and terrorism. Only voltage is minding right now in Canada and things are stalling right now which is kinda disuading for them.
--
- Technicien en informatique / Computer tech [A+]
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H_T_R_N
Premium
join:2011-12-06
Valencia, PA
kudos:1
Reviews:
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reply to zadigre

said by zadigre:

said by H_T_R_N:

That is only if they catch him downloading it, if he is making it available to others to download, (and he is I just checked) its a whole nother ballgame. But hes a/n (Internet) tough guy, he will fight it to the end!!

»36 governments (including Canada's) spying on their citizens

If you need more proof!

POWER (and all the movies and music) TO THE PEOPLE!!

seriously, did you read on the subject before posting this image?

The Finfisher things have nothing to do with the music and movies industries... in most countries, these software are used by the government to spy on some people when they have a reason to do it (ex: terrorism)... it's not to spy on everyone and to check if you illegally download some software, music or movies.

Stop being paranoid if there is nothing against you... we are in Canada here... not in some countries like China where the government might want to kill you because your think by yourself.

Don't be so sure!
--
Hey retard, a Low Frequency Effects Channel is a subwoofer.

Guess who?

H_T_R_N
Premium
join:2011-12-06
Valencia, PA
kudos:1
Reviews:
·voip.ms
reply to 59137280

said by 59137280:

said by H_T_R_N:

if he is making it available to others to download, (and he is I just checked)

Are you talking about me? What are you talking about?

Yes you, and you know what we are talking about. You can try to deny it all you want but logs don't lie!
--
Hey retard, a Low Frequency Effects Channel is a subwoofer.

Guess who?


Hyrules

join:2006-07-19
Gatineau, QC
kudos:1
reply to 59137280

Tigerload can you lock this thread please it's going nowhere.



Zedras

@allstream.net

Bottom line is...nothing will happens you can go on with your life and also use a vpn before downloading torrents next time.


H_T_R_N
Premium
join:2011-12-06
Valencia, PA
kudos:1

said by Zedras :

Bottom line is...nothing will happens you can go on with your life and also use a vpn before downloading torrents next time.

You guys are no fun!


elwoodblues
Elwood Blues
Premium
join:2006-08-30
Somewhere in
kudos:2
Reviews:
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reply to En Enfer

said by En Enfer:

said by Hyrules:

That not true. You are only trying to scare him. This will not end up in criminal court. Nobody is watching anyone. Not even the RCMP as they have other more important shit than watching assburger download whathever is download.

Really ?
- Megaupload owner, Kim Dotcom, faces 50 years of prison for running a website which let people download pitated content.
- Cardiologist Guy Turcotte who killed his kids and wife, was diagnostiqu� as mentally insane and released...

Copyright trolls means money, which we know will end up in lawyers pockets. There's no money to be made when lives are lost...

(only Bell expects the deceased to call to cancel his subscription)

That's the US. Not Canada!
--
No, I didn't. Honest... I ran out of gas. I... I had a flat tire. I didn't have enough money for cab fare. My tux didn't come back from the cleaners. An old friend came in from out of town. Someone stole my car. There was an earthquake.......