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Clark_Kent

join:2003-01-11
canada
Reviews:
·TekSavvy DSL

[Extreme] Rogers / Time Warner Warning for Torrents

Hey guys,
I just received a warning from Rogers saying that Time Warner tracked that my address downloaded an episode of Archer.
The warning continued by indicating that we should delete this file immediately and contact Rogers asap to acknowledge this letter.

This is the first warning I've received with Rogers. To be honest, I'd rather never make business with them, but I cannot switch ISPs due to my restrictions on my residence.

Does anyone have any similar stories and how this situation played out, mostly in light of the passing of Bill C-11 and the update to the Canada Copyright Act?


elitefx

join:2011-02-14
London, ON
kudos:2
Well, acknowledging you received the letter isn't a confession of guilt. Tell Rogers you got the notice as required.

What the New Copyright Law Means For You

Excerpts:

Canadians can also take greater advantage of fair dealing, which allows users to make use of excerpts or other portions of copyright works without the need for permission or payment. The scope of fair dealing has been expanded with the addition of three new purposes: education, satire, and parody.

Fair dealing now covers eight purposes (research, private study, news reporting, criticism, and review comprise the other five). When combined with the Supreme Court of Canada's recent decisions that emphasized the importance of fair dealing as users' rights, the law now features considerable flexibility that allows Canadians to make greater use of works without prior permission or fear of liability.

What if a Canadian violates the law by copying more than is permitted under fair dealing, circumvents a digital lock, or engages in unauthorized file sharing?

The law generally tries to target genuinely "bad actors", while leaving individuals alone. For example, the law now includes a cap of $5,000 for all non-commercial infringement (commercial infringement can result in liability of $20,000 per infringement). The change reduces the likelihood of lawsuits against individuals for non-commercial activities, including unauthorized downloading or mistaken reliance on fair dealing.

The Canadian approach to unauthorized downloading is now centered on a "notice-and-notice" system that is likely to take effect next year. The system allows rights holders to send notifications alleging infringement to Internet providers, who must forward the notices to their subscribers. The Internet provider is not required to disclose the subscriber information nor take any further action.

»www.michaelgeist.ca/content/view/6694/


metalhawk

join:2007-02-06
Nepean, ON

1 recommendation

reply to Clark_Kent
Do not acknowledge anything. Ignore it.


dillyhammer
START me up
Premium
join:2010-01-09
Scarborough, ON
kudos:10
Reviews:
·WIND Mobile
·Start Communicat..
reply to Clark_Kent
said by Clark_Kent:

Does anyone have any similar stories and how this situation played out, mostly in light of the passing of Bill C-11 and the update to the Canada Copyright Act?

Don't know about Bill C-11, but I received something similar from Cogeco a little while back. Got the email, and then a couple days later I got a phone call. They asked if I indeed downloaded the file as described by the US whiner who's name I forget, was the file on my computer, and could I erase it please.

I simply told them that if they ever wrote or called me with similar questions or threats again that would be the last day I did business with them, and feel free to cancel my services any time - just let me know.

You have no idea how difficult it was for me to refrain from far more obnoxious responses, but I'm sure that was reflected in my tone.

Never heard another peep from them on that front.

Mike

--
I've picked on Cogeco long enough. Who's next? Any volunteers?

Ree

join:2007-04-29
h0h0h0
kudos:1
Cool story bro...you sure showed that minimum wage employee who had nothing to do with the creation of that infringement notice who the boss is!


dillyhammer
START me up
Premium
join:2010-01-09
Scarborough, ON
kudos:10
Yep. Thanks. And thanks for your significant contribution to the discussion.



Mike