dslreports logo
site
 
    All Forums Hot Topics Gallery
spc

spacer




how-to block ads


Search Topic:
uniqs
133
share rss forum feed


TwiztedZero
Nine Zero Burp Nine Six
Premium
join:2011-03-31
Toronto, ON
kudos:5

4 edits
reply to stevey_frac

[Twitter] Ressy | PAnderson| MGeist | SVILaw

Judge has reviewed material on CIPPIC intervention. #voltage opposes cippic motion to adjourn
---
Felix tang is up explaining who CIPPIC is and why they want to intervene. #teksavvy
---
Voltage said cippic didn't inform them of intervene. Cippic explains they did. #voltage counsel out of office til jan 8
---
CIPPC asks for an adjournment; Voltage opposes; CIPPC makes case for adjournment; reviews correspondence with Voltage
----
No prejudice for Voltage; administration of justice in play; new date for motion to intervene proposed for jan 22
--
Voltage stands, annoyed teksavvy is supporting adjournment and intervention. Says they shouldn't. Judge will listen to teksavvy.
---
Cippic wants to adjourn til intervention decision. Teksavvy supports both intervenor and adjournment.
---
Teksavvy lawyer has issue with Voltage saying cippic not being civil in writing to the court directly.
---
#voltage opposes #teksavvy speaking to CIPPIC motion. Judge disagrees as he feels hearing from all.
---
Teksavvy still hasn't received draft of order. Teksavvy has incited significant costs. 190k.
---
Teksavvy wants costs paid before handing over info. Foreign company who could disappear with info.
---
RT @pandersen: #teksavvy is taking issue that no draft form of actual order requested by #voltage has been provided by voltage. (Mgeist)
---
Draft of order gives costs, and how voltage wants the information. (RessyM)
---
Teksavvy noting how backwards this suit is. With how large the number of people affected compared to previous. (RessyM)
---
RT @pandersen: #teksavvy wants to know what safeguards will be in place in order to protect confidentiality of customer data. (MGeist)
---
Half of ips for technical reasons they couldn't resolve to subscriber info. (RessyM)
---
RT @pandersen: Voltage tries to introduce affidavit stating the process undertaken until today. #teksavvy immediately objects (MGeist)
---
Voltage handing our small binder of info, complaining cippic essentially sidestepped them. Judge will listen to both. (RessyM)
---
Judges allows afadavit. #teksavvy notes they have been sitting I court room for some time and #voltage did not provide. (Panderson)
---
Voltage going over how they received data on people engaging in "illegal activity" downloading movies. #teksavvy (PAnderson)
---
Voltage going through history now. tsi asked voltage to delay filing on nov 19 (RessyM)
---
RT @pandersen: Voltage notes cannot proceed w/chasing those identified as engaging in d/l until they are granted the motion. (MGeist)
---
My (non laywyer) analysis is #voltage trying to show they have been cooperative and patient and further delays are unwarranted #teksavvy (PAnderson)
---
Voltage complaining about draft letter to affected customers, linking to cippic and @mgeist (RessyM)
---
CIPPIC and Teksavvy been in contact since Dec 10 says #voltage (PAnderson)
---
RT @RessyM: Voltage complaining about #Teksavvy draft letter to affected customers, linking to cippic and @mgeist (MGeist)
---
Lots of dates being noted by voltage in their attempt to move forward with #teksavvy (PAnderson)
---
Voltage now making arguments that they are prejudiced as materials remain available for downloading. #teksavvy (PAnderson)
---
"The real harm is that product remains available on downloaded computer for others to" obtain - voltage claims is key issue here #teksavvy (PAnderson)
---
Voltage doesn't want another extension because people continue to share the files. (RessyM)
---
Voltage "Every delay is a delay preventing not knowing who these individuals are" so voltage can stop damages from occurring #teksavvy (PAnderson)
---
Voltage; CIPPIC agent same today as last hearing. CIPPIC did not object to timing of today at this point. #teksavvy (PAnderson)
---
Voltage; CIPPIC agent same today as last hearing. CIPPIC did not object to timing of today at this point. #teksavvy (PAnderson)
---
Judge objects to #voltage speculating for motivation of previous Judges action. #teksavvy (PAnderson)
---
Judge tells voltage to stop speculating what previous judge thought about cippic standing (RessyM)
---
Voltage confused as to why when CIPPIC knew Dec10 and @mgeist article on Dec11 why did CIPPIC not get materials in on time. #teksavvy (PAnderson)
---
Voltage complaining about teksavvy.and cippic working together for adornments. (RessyM)
---
Voltage "we are being stalled again" #teksavvy (PAnderson)
---
RT @SVILaw: Voltage argues CIPPC is simply too late; Teksavvy and CIPPC work together to seek adjournments and "stall" (MGeist)
---
Voltage: they (CIPPIC) never communicate with us and only courts #teksavvy (PAnderson)
---
Voltage does not think it is relevant that John Does have not shown up. #teksavvy (PAnderson)
---
Voltage feels this case law was solved quite cleanly during the BMG case. Only difference today was that involved Music. #teksavvy (PAnderson)
---
Voltage notes that arguments being made by CIPPIC were rejected in BMG case. #teksavvy (PAnderson)
---
Voltage argues CIPPC's proposed arguments made here were rejected by FED court of appeal in BMG #voltage #teksavvy (SVILaw)
---
Voltage bringing up bmg case when it was in appeals. very low evidence requirement ay such an early stage. (RessyM)
---
Voltage back to #teksavvy and CIPPIC apparently working together to delay hearing in this case of illegal activity (PAnderson)
---
Voltage: One way to fight a case where there is no reasonable defense is to delay it procedurally #teksavvy (PAnderson)
---
Voltage continues to object to #teksavvy commenting on communication between Voltage and CIPPIC (PAnderson)
---
Voltage argues CIPPC's letter to court at previous date was "weighted" by improper commentary #voltage #teksavvy (PAnderson)
---
Voltage: Notion of Motion tracks the language that would be sought in order in response to #teksavvy concerns (PAnderson)
---
Voltage addresses lack of draft order; says normally it will follow lang. In notice of motion #voltage #teksavvy (SVILaw)
---
Voltage doesn't like costs. Says higher than what a trial would be. (RessyM)
---
Voltage alludes 190k #teksavvy claims so far seems very high since some trials would not run that. (PAnderson)
---
RT @pandersen: Voltage objects to privacy request from #teksavvy. Voltage seeks to have that information disclosed (MGeist)
---
Voltage argues info protection by Voltage not in issue because info is ordered to be discosed #teksavvy #voltage (SVILaw)
---
Unclear if #voltage wants information disclosed to them or disclosed to public. All they said is disclosure would be per court rules (PAnderson)
---
Voltage wants their costs for today covered by tsi if adjourned (RessyM)
---
CIPPC had early notice of motion; there is prejudice by adjournment: second time adjournment so if further adj $2000 #voltage #teksavvy (SVILaw)
---
Voltage seems to think costs are due as CIPPIC was late in its filings. (PAnderson)
---
Voltage seems to think costs are due as CIPPIC was late in its filings. (PAnderson)
---
And that is it for Voltage counsel. #teksavvy (PAnderson)
---
CIPPIC agent is now up again. (PAnderson)
---
Agent for CIPPC reviews correspondence between Voltage counsel and CIPPC #voltage #teksavvy (SVILaw)
---
CIPPIC addressed alleged delay. Notes correspondence on Jan3 between CIPPIC and Voltage. Claims some efforts by CIPPIC were not responded to (PAnderson)
---
CIPPC argues about "bona fide" claim by Voltage #voltage #teksavvy (SVILaw)
---
Cippic bringing up quebec case with voltage, where out was all later dropped. Cipic shouldn't pay voltages costs for today. Cippic pro bono (RessyM)
---
CIPPC counsel says it was on the news Voltage dropped claims #voltage #teksavvy (SVILaw)
---
CIPPIC objects to cost demand by Voltage. Feels there is a public interest to be heard and CIPPIC has limited resources #teksavvy (PAnderson)
---
Cell dead. Watch @pandersen feed (RessyM)
---
CIPPC sums up it has no resources; agent today pro bono; otherwise 2 lawyers (SVILaw)
---
#teksavvy up again. Still miffed about the afadavit. (PAnderson)
---
#teksavvy agrees they were contacted in Nov with draft materials but notes there has been many changes and discussions. (PAnderson)
---
Teksavvy speaks - never received final notice of motion - until then everything in draft; teksavvy could not send draft #voltage #teksavvy (SVILaw)
---
#teksavvy agrees they were contacted in Nov with draft materials but notes there has been many changes and discussions. (PAnderson)
---
Teksavvy notes all documents from Voltage were draft until Dec 10. #teksavvy could not proceed to notify subscribers based on draft docs (PAnderson)
---
Teksavvy never received final notice of motion until December 11 2012 - correction of my previous post #teksavvy #voltage (SVILaw)
---
Counsel for #teksavvy that timing has been attempt to ensure fairness and due process to those affected. Again notes not a stall tactic (PAnderson)
---
Teksavvy counsel refuses to engage Voltage further on allegations about correspondence #teksavvy #voltage (SVILaw)
---
TSI notes only issue Voltage seems to be raising is Prejudice and counters no real evidence presented to these claimed damages #teksavvy (PAnderson)
---
TSI notes only issue Voltage seems to be raising is Prejudice and counters no real evidence presented to these claimed damages #teksavvy (PAnderson)
---
Teksavvy brings up lack of #voltage evidence. Bringing up Logans info. (RessyM)
---
Teksavvy argues no evidence about the alleged "harm" suffered by Voltage #voltage #teksavvy (SVILaw)
---
Teksavvy says no prejudice, no evidence of people continuing sharing. Voltage themselves inserted preserve evidence paragraph in tsi letter (RessyM)
---
Teksavvy notes Voltage's materials - affidavit of Logan - deals with single downloads #teksavvy #voltage (SVILaw)
---
TSI notes voltage never requested TSI to pass on a notice requesting affected customers to cease and desist #teksavvy (PAnderson)
---
Teksavvy argues Voltage sought to include language in notice to John Does yet failed to even ask them to stop #teksavvy #voltage (SVILaw)
---
TSI has made multiple requests for draft order from Voltage. #teksavvy (PAnderson)
---
Teksavvy argues BMG law: if disclosure order is granted, specific directions must be given, privacy concerns must be met #voltage #teksavvy (SVILaw)
---
TSI seems to suggest again that they were only able to correlate 50% of IPs provided #voltage (PAnderson)
---
Teksavvy argues about importance of draft order and terms of order because of law set by BMG case #voltage #teksavvy (SVILaw)
---
TSI addresses conspiracy between it and CIPPIC. Summary: dismisses them as unhelpful to issue (PAnderson)
---
Teksavvy adresses Voltage's allegation that Teksavvy and CIPPC collude - not the case and in any event no problem if interests aligned (SVILaw)
---
Voltage's turn now - firstly, review communication with CIPPC #voltage #teksavvy (SVILaw)
---
Voltage counsel starts to dispute TSI comments about timings of communications. #voltage (PAnderson)
---
Voltage points CIPPC knew about motion in early December 2012 #voltage #teksavvy (SVILaw)
---
Voltage claims they have not had co-operation from TSI in regards to why they didn't ask TSI to send notice #voltage (PAanderson)
---
Voltage says paras 5-7 of Logan affidavit says films remain available; admits Voltage did not ask for John Does to stop #voltage #teksavvy (SVILaw)
---
Voltage seems to suggest anyone who downloads would continue to offer that work while it remained on their computer #voltage (PAnderson)
---
TSI offers to send notice on behalf of #Voltage asking them to stop. Voltage will as long as their is no costs. TSI agrees. (PAnderson)
---
Adjournment granted. #voltage (PAnderson)
---
Request for adjournment is granted by Judge: first, unopposed motions are "risky" #teksavvy #voltage (SVILaw)
---
Second - dealing w new legslation which must be looked at properly - unapposed motions not cond. for proper decisions #voltage #teksavvy (SVILaw)
---
judge: This is new legislation and it important to get this right. Court needs to be as informed as possible #voltage (PAnderson)
---
Thirdly, Judge wants to court to be informed by what is an "IP" number #voltage #teksavvy (SVILaw)
---
Judge: What is the connection between IP number and parties. Not automatically apparent what that is. #voltage (PAnderson)
---
Judge: procedural question of how to handle potential for 1000 defendants in front of this court #voltage (PAnderson)
---
Judge: at issue is also court procedure in terms of Voltage suing thousands of defendants #voltage #teksavvy (SVILaw)
---
Judge: undertaking by Teksavvy to send letter may deal with "hard" and prejudice by Voltage #voltage #teksavvy (SVILaw)
---
Judge: There is an offer of undertaking from respondent that addresses prejudice. (Judge seems to be hinting #voltage should take TSI up) (PAnderson)
---
Judge: motion will likely be need to be done on a special day #voltage #teksavvy (SVILaw)
---
Judge doubts this can be handled in a one hour hearing. Skeptical of even a whole day been enough. #voltage (PAnderson)
---
Judge: motion not proper for "Monday's motion court," likely a day #teksavvy #voltage (SVILaw)
---
Voltage requests a complete timetable post decision on CIPPIC intervenor status. Judge suggests counsel work that out. #voltage (PAnderson)
---
Judge doubts this can be handled in a one hour hearing. Skeptical of even a whole day been enough. #voltage (PAnderson)
---
Voltage wants a timetable; judge wants the parties to deal with that by themselves #teksavvy #voltage
(SVILaw)
--Judge seems to suggest there are larger issues and would like to avoid bickering on communication issues. #voltage (PAnderson)
---
Judge: no costs. #voltage #teksavvy (SVILaw)
---
And we are done again. Thanks all for the follows. #voltage #teksavvy (PAnderson)
---
No follow up court date has been set FWIW. Timing will depend on whether CIPPIC gets intervenor status. #voltage (PAnderson)


Dr Facts

@gc.ca
>TSI offers to send notice on behalf of #Voltage asking them to stop. Voltage will as long as their is no costs. TSI agrees.

So Voltage wants the sharers to stop sharing the alleged file but to also preserve the evidence?

How do you square that circle?

At any rate another skirmish lost by the Trolls.

JMJimmy

join:2008-07-23
Reviews:
·TekSavvy DSL
said by Dr Facts :

So Voltage wants the sharers to stop sharing the alleged file but to also preserve the evidence?

They are separate things. Voltage wants the logs for the time period in question (60 days in Sept-Oct?) preserved and then ongoing sharing stopped... unfortunately that argument is pure insanity since the files will continue to be shared regardless of compliance by the alleged.

That was one argument that I was surprised didn't come out... at this time the infringement is only alleged - to me cease and desist would come after infringement has been proven. Not sure how that works though... off to do some research.

Edit: Ahh... cease and desist letters are different from cease and desist orders.

Jaxom

join:2012-03-10
East York, ON
reply to TwiztedZero
said by TwiztedZero:

Judge wants to court to be informed by what is an "IP" number #voltage #teksavvy (SVILaw)

Oh sweet Jesus.

bt

join:2009-02-26
canada
kudos:1
reply to Dr Facts
said by Dr Facts :

>So Voltage wants the sharers to stop sharing the alleged file but to also preserve the evidence?

How do you square that circle?

Uhhh..... easily? One can stop sharing files without deleting them.


Dr Facts

@gc.ca
reply to JMJimmy
said by JMJimmy:

They are separate things. Voltage wants the logs for the time period in question (60 days in Sept-Oct?) preserved and then ongoing sharing stopped... unfortunately that argument is pure insanity

When it all came to my attention I thought it was just a way for Voltage to make some easy money but after reading what the Voltage CEO said in reply to an email about how maybe suing people for watching your movies isn't a good idea it became clear we are dealing with insanity.

What's also crazy is even if Voltage wins (which is looking doubtful) that won't stop a single byte of their shite movies from being shared.


Dr Facts

@gc.ca
reply to bt
>Uhhh..... easily? One can stop sharing files without deleting them.

Can you? I thought the way Bittorrents worked is that the files are up loaded and downloaded at the same time? I guess a user could cut the file out and put it someplace else on their hard drive.

Don't see that happening...

bt

join:2009-02-26
canada
kudos:1
said by Dr Facts :

Can you? I thought the way Bittorrents worked is that the files are up loaded and downloaded at the same time?

That's correct. Though it assumes a person is still downloading the file. But even if they are, they can still stop uploading it by stopping the download.

said by Dr Facts :

I guess a user could cut the file out and put it someplace else on their hard drive.

That's not how Bittorrent works. It doesn't share everything in a specific location like some other file sharing systems do.

Worst case, someone could just turn off their bittorrent client. Any files already downloaded continue to exist, and no further uploading happens.

JMJimmy

join:2008-07-23
Reviews:
·TekSavvy DSL
reply to TwiztedZero
said by TwiztedZero:

Judge: no costs. #voltage #teksavvy (SVILaw)

I missed this one... No costs for anyone or just for Voltage's lame request for costs due to adjournment?


TwiztedZero
Nine Zero Burp Nine Six
Premium
join:2011-03-31
Toronto, ON
kudos:5

2 edits
reply to TwiztedZero
Don't have a twitter account, no problem you can see the actual tweets themselves
here: Search Results: #teksavvy OR Twubs #Teksavvy
quote:
See these for full threads with a little more detail:
@PAnderson
@SVILaw
@mgeist
@RessyM
@christinedobby
and see if you can make heads & Tails of it on your own
Cheers
--
----|- From the mind located in the shadows of infinity -|----
Nine.Zero.Burp.Nine.Six
Twitter = Twizted Zero
Chat = irc.teksavvy.ca

MaynardKrebs
Heave Steve, for the good of the country
Premium
join:2009-06-17
kudos:4
reply to JMJimmy
said by JMJimmy:

said by TwiztedZero:

Judge: no costs. #voltage #teksavvy (SVILaw)

I missed this one... No costs for anyone or just for Voltage's lame request for costs due to adjournment?

No costs yet.....this circus isn't over, so don't expect any costs awards until later on in the process. Even if Voltage 'wins' release of the data, TSI will probably get some costs for the assembly of the data they compiled but will probably not get all their legitimate costs of the full court action.

Poser

join:2002-07-28
Reviews:
·TekSavvy Cable
reply to TwiztedZero
Voltage accuses CIPPIC and Teksavvy working together to create delays. I wonder if Voltage, Rogers and Bell are working together to try to bleed Teksavvy out of a large sum of money in court costs.

190k is a lot of money. Can Teksavvy afford this?

JMJimmy

join:2008-07-23
Reviews:
·TekSavvy DSL

1 recommendation

reply to JMJimmy
said by JMJimmy:

said by TwiztedZero:

Judge: no costs. #voltage #teksavvy (SVILaw)

I missed this one... No costs for anyone or just for Voltage's lame request for costs due to adjournment?

I confirmed this with SVILaw - the costs that were denied were Voltage's request that CIPPIC pay their costs for adjournment.