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resa1983
Premium
join:2008-03-10
North York, ON
kudos:10

3 edits

6 recommendations

Voltage vs Teksavvy decision

Quick summary:
* Teksavvy must reveal identity of alleged infringers.

* TSI gets all legal costs, admin costs & disbursements.
** TSI gets paid before Voltage sees even a single name. No money, no names.**

* Any/all letters from Voltage MUST be approved by both the Court & CIPPIC, so as not to provide false information to defendants, and coerce them into settlements.
* Letter will include a statement that 'no Court has yet found any recipient of the letter liable for infringement and that recipicies should [seek] legal assistance".
* Every letter to an alleged infringer will get a copy of the judge's order.
* Any subscriber can request a full copy of the order, for which the Plaintiff (Voltage) must pay for.

* Voltage will only receive Name & Address attached to specific IP addresses of the alleged infringers, and nothing more.
* There will be a special Judge assigned to this case, and will 'monitor, as necessary, the conduct of Voltage in its dealings with the alleged infringers."

* If Voltage splits a subscriber out of the herd (so to say), the special judge will keep hold of the new case.

* Voltage cannot make statements to the media, releasing defendant names or addresses.

Interesting:
quote:
On the facts of this case, there is some evidence that Voltage has engaged in litigation which may have an improper purpose. However, the evidence is not sufficiently compelling for this court at this juncture in the proceeding to make any definitive determination of the motive of Voltage.
»cippic.ca/news/FC_decision_in_vo ··· released

Direct link hosted by CIPPIC
»cippic.ca/uploads/Voltage_v._Doe ··· C161.pdf

Frankly, we knew Voltage was going to get names based on BMG getting overturned, so the Judge throwing up a ton of safeguards for alleged infringers is the best outcome there was. And his safeguards here are pretty good.
--
Battle.net Tech Support MVP

GoRaptors

join:2011-07-22
London, ON
I think this sucks? Kind of over my head so. Thanks for the 411 resa!
Keep up the great work! Cheers! :P! ! !


motoracer

join:2003-09-15
united state
reply to resa1983
Even more reason everyone should use a VPN.


rednekcowboy

join:2012-03-21
kudos:1
reply to GoRaptors
said by GoRaptors:

I think this sucks? Kind of over my head so. Thanks for the 411 resa!
Keep up the great work! Cheers! :P! ! !

LIke CPICIC said, everyone knew they would get the names. We hoped that it would get thrown out of court, but in some ways, I think this order is better than the outcome everyone had hoped for.

It leaves the door open for legitimate claims from legitimate people, safeguards the names and identities of the people that are being accuses. The ISP gets paid upfront and in full. The claimant has to pay any and all costs. Any correspondance from Vulture, um I mean Voltage, gets scrutinized by the court prior to it being sent to an accused.

All of these things will make it an unwanted venture for many of these hack company like Vulture, um I mean Voltage to leverage their typical kind of lawsuit. I think it is a very favorable decision.

Now--every Teksavvy sub needs to request that Voltage provide them with a full copy of the order and make them pay out the nose before they even get started. I don't know what it costs for a copy of the order, but even if it's $50, that will amount to a decent size bill for Voltage if every sub of Teksavvy requests it.

I would be extremely surprised if anyone gets a letter.

Ackis

join:2001-08-16
Edmonton, AB
How can we request a copy?

militiamen

join:2007-07-02
Canada
reply to resa1983
Thank you for the summary. Seems like a sound legal decision that is fair for all involved.

Also I'd just like to pipe up that the Hurt Locker SUCKED. I paid money to rent it and was sorely disappointed. What a crap movie, hardly worth the DVD it was printed on. Seriously it was a bad bad movie


El Quintron
I dunno, lemme check my trollodex
Premium
join:2008-04-28
Etobicoke, ON
kudos:4
reply to resa1983
Interesting, I wonder if Voltage is going to go ahead with this in mind, as the judgment effectively makes speculative invoicing impossible.

EQ
--
Support Bacteria -- It's the Only Culture Some People Have


Mike Z

join:2012-12-22
reply to resa1983
Very interesting decision. I'm still not sure if Voltage would have to pay any of TSI's legal costs incurred so far, or just ones going forward in complying with the order

resa1983
Premium
join:2008-03-10
North York, ON
kudos:10
reply to resa1983
Geist's take on it:
»www.michaelgeist.ca/content/view ··· 075/125/
--
Battle.net Tech Support MVP


hmm

@videotron.ca
reply to resa1983
said by resa1983:

* Any subscriber can request a full copy of the order, for which the Plaintiff (Voltage) must pay for.

Any? Or any TSI subscriber?

Haven't read a thing so far, except for what you posted, but sounds good to me.


hmm

@videotron.ca
ah "subscriber" is defined in the order. "subscriber" is one of the alleged infringing IP's.

Maybe one of the IP's is a french person and will demand to have it translated?

Have to love the way court starts the order letter.

"The Rise of the copyright trolls".

This first case will now be referenced for all time and those will be the first words everyone sees. Love it.


jmck
formerly 'shaded'

join:2010-10-02
Ottawa, ON
reply to motoracer
said by motoracer:

Even more reason everyone should use a VPN.

this doesn't fix anything really.


AkFubar
Admittedly, A Teksavvy Fan

join:2005-02-28
Toronto CAN.
Reviews:
·TekSavvy DSL
reply to resa1983
Well I certainly hope that TSI requests a CERTIFIED CHEQUE or MONEY ORDER for costs from the troll. Good faith doesn't enter in to this picture, but due diligence on TSI's behalf certainly does.
--
BHell... A Public Futility. When life throws you lemons, make lemonade.

MichelR

join:2011-07-03
Ottawa, ON
reply to militiamen
said by militiamen:

Thank you for the summary. Seems like a sound legal decision that is fair for all involved.

Also I'd just like to pipe up that the Hurt Locker SUCKED. I paid money to rent it and was sorely disappointed. What a crap movie, hardly worth the DVD it was printed on. Seriously it was a bad bad movie

hahaha Yeah. I saw it on TMN. Couldn't see what all the fuss was about. Waste of time.


TOPDAWG
Premium
join:2005-04-27
Calgary, AB
kudos:3

1 edit
reply to resa1983
So sounds like Voltage could go after the pirates if they wanted but with all the cost and time involved I really don't see them doing it.

Is tek allowed to say just how much all this BS has cost them?


rednekcowboy

join:2012-03-21
kudos:1
said by TOPDAWG:

So sounds like Voltage could go after the pirates if they wanted but with all the cost and time involved I really don't see them doing it.

Is tek allowed to say just how much all this BS has cost them?

The costs alone to Tek likely make this case an already losing proposition for Vulture, so I doubt they will go ahead. I don't know what kind of lawyer fees Tek has at this point, but I'm sure that bill is quite high as this has dragged on for quite some time. Before Vulture even gets started they have to cut that cheque.

One thing I think the judge should have demanded at this point is that Tek get paid no matter what. They've already done all of the work + the battle in court. If Vulture decides not to move ahead, Tek is out all of that money, unless they turn around and sue for it.

Though if the judge ordered Vulture to pay Tek regardless, then they would get the names regardless. So I guess if they don't pay then it sucks for Tek but it's great for those 2000 people!


HiVolt
Premium
join:2000-12-28
Toronto, ON
kudos:21
Reviews:
·TekSavvy DSL
reply to TOPDAWG
said by TOPDAWG:

Is tek allowed to say just how much all this BS has cost them?

I believe they said it was about $200K just to correlate the IP addresses to subscriber names. No mention of legal fees or any other fees.
--



TOPDAWG
Premium
join:2005-04-27
Calgary, AB
kudos:3
Reviews:
·TekSavvy DSL
god lord that is a lot of wasted cash. is Voltage a US company? if so I see them delaying or just outright not tiring to pay tek what they owe them.

The US would not really care about a ruling from a cdn court. thanks for the info red and volt.


HiVolt
Premium
join:2000-12-28
Toronto, ON
kudos:21
Yeah they are a US studio... they are an active copyright troll in the US, and figured they'd try their luck here...
--


resa1983
Premium
join:2008-03-10
North York, ON
kudos:10
reply to resa1983
There's some new developments on the IPP/Guardaley front (from the US) which I need to pull together, and hopefully will be able to post soonish..
--
Battle.net Tech Support MVP


rednekcowboy

join:2012-03-21
kudos:1
reply to resa1983
I kind of hope they go ahead and the judge only awards $100/infringer. Would make it an extremely losing proposition for Vulture and send a clear message to others that they should not even bother trying.

Looking forward to your post resa on Guardelay.....


jmck
formerly 'shaded'

join:2010-10-02
Ottawa, ON
Reviews:
·TekSavvy DSL
·Start Communicat..
reply to MichelR
said by MichelR:

said by militiamen:

Thank you for the summary. Seems like a sound legal decision that is fair for all involved.

Also I'd just like to pipe up that the Hurt Locker SUCKED. I paid money to rent it and was sorely disappointed. What a crap movie, hardly worth the DVD it was printed on. Seriously it was a bad bad movie

hahaha Yeah. I saw it on TMN. Couldn't see what all the fuss was about. Waste of time.

Hurt Locker was an excellent movie and has received excellent ratings (97% on RT). Dallas Buyers Club is another Voltage film and it's also amazing with 94% on RT.


rednekcowboy

join:2012-03-21
kudos:1
said by jmck:

said by MichelR:

said by militiamen:

Thank you for the summary. Seems like a sound legal decision that is fair for all involved.

Also I'd just like to pipe up that the Hurt Locker SUCKED. I paid money to rent it and was sorely disappointed. What a crap movie, hardly worth the DVD it was printed on. Seriously it was a bad bad movie

hahaha Yeah. I saw it on TMN. Couldn't see what all the fuss was about. Waste of time.

Hurt Locker was an excellent movie and has received excellent ratings (97% on RT). Dallas Buyers Club is another Voltage film and it's also amazing with 94% on RT.

I thought both movies were just OK, nothing great really.


nanook
Premium,MVM
join:2007-12-02
Reviews:
·TekSavvy DSL
reply to rednekcowboy
said by rednekcowboy:

I kind of hope they go ahead and the judge only awards $100/infringer.

That assumes that the judge rules in favour of Voltage. That's hardly a given considering that all Voltage has to connect a subscriber to a torrent is an IP address. They still have to show that the subscriber, not a family member, guest or other party (think open WiFi AP) was the one who downloaded the media. That could be a challenge with precendents like JUDGE: AN IP-ADDRESS DOESN'T IDENTIFY A PERSON (OR BITTORRENT PIRATE) and JUDGE: IP-ADDRESS DOES NOT PROVE COPYRIGHT INFRINGEMENT


rednekcowboy

join:2012-03-21
kudos:1
This is true as well. It will be very interesting to see how this progresses.


shrugs

@videotron.ca
Illegal downloaders in federal court’s crosshairs
Order to release names, addresses of suspected ‘pirates’ could affect millions
»www.vancouversun.com/technology/ ··· ory.html
... “What is important is that the court has decided that infringers, pirates and digital content thieves can’t expect to hide behind the anonymity of an ISP,” said Barry Logan, managing director of Canipre. “A user can’t expect they have a level of shielding with their IP address. Their ISP will be ordered to release information as to who that IP address belongs to.

“It’s an important decision for copyright holders.”

Logan’s company has collected the IP addresses of five million Canadian who are engaged in peer-to-peer file sharing and have downloaded from BitTorrent sites. In Canada, people held liable for illegal downloading could face statutory damages of up to $5,000. ...


2000 down. Five Million to go.

I wonder what he's doing with old outdated data?


rednekcowboy

join:2012-03-21
kudos:1
Talk about a hack job of an article. Clearly the only source they talked to was this Barry Logan character whose sole purpose is to promote his "company"

The court never ruled on the validity of the evidence whatsoever. They simply said, that on it's face, Vulture MAY have a case and allowed it to continue with some very stringent conditions.

resa1983
Premium
join:2008-03-10
North York, ON
kudos:10
reply to shrugs
Nothing. I think one of the things that didn't get overturned with the BMG appeal, is that the suit had to be brought within a reasonable amount of time after the alleged infringement occurred.

BMG stated within 3 months I think, but the Voltage suit was just under a year. Anything from the time period of the Voltage suit, is too long ago.
--
Battle.net Tech Support MVP


hmm

@videotron.ca
said by resa1983:

BMG stated within 3 months I think, but the Voltage suit was just under a year. Anything from the time period of the Voltage suit, is too long ago.

Hmm but offending IP's were under court order to preserve all HD content of all computers, I do believe. Were they not?

So if one or some of the IP's deleted content from their HD's this will go against them.

Did the ruling make reference to forensics analysis of HD's? This is something the offending IP would have to pay, if they lost, and if forensics is ever performed.

Also, in reference to the 3 months, I do believe in this case (the one that one was dropped in Montreal, Quebec) the 3 months referred to the amount of time the likes of Videotron keeps IP's correlated to accounts payable (i.e. who owned that IP). And Logan was under the gun and in a rush to get the court order to have the data released since he hoarded millions of IP's but could only use current 3-months worth of IP data due to Videotron's data retention period (at least, that is what I understood).

It was no different than TSI being handed IP info that they no longer retained due to lack of need, per PIPEDA.

Maybe there was another reference to the 3 months in the BMG case? That's something i'm unsure of. But a court order would surely outweigh that. But waiting that amount of time (a year) is indeed ridiculous.

peterboro
Avatars are for posers
Premium
join:2006-11-03
Peterborough, ON
reply to resa1983
If Voltage sends out 2,000 extortion letters they may get enough people to settle to cover the 200k.

As the maximum damages are 5,000 then individuals should move for a venue change to small claims where costs will kneecap Voltage if people put up a full defence including tying an IP to an individual.