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d4m1r

join:2011-08-25
reply to morisato

Re: Proud of TSI for it's actions in Jan 14th hearing

said by morisato:

They still did not oppose the motion all they did is buy more time for someone else to do what they should be doing... IE oppose the motion.

This....The only good news that I saw coming out of court today is that at least TSI is working with CIPPIC and advocating for them to intervene in the case.

Come to think of it, isn't that a little better actually? While I still wish TSI simply opposed the motion which would have stopped it dead in the water, at least an expert and pro-internet group such as CIPPIC is now involved in the case and in TSI's corner...
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koreyb
Open the Canadian Market NOW

join:2005-01-08
East York, ON
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said by d4m1r:

Come to think of it, isn't that a little better actually? While I still wish TSI simply opposed the motion which would have stopped it dead in the water, ......

I disagree. It would have dragged this on and on and would end up with the courts using the new copyright laws against TSI and forcing them to give up the info anyway. TSI did exactly as I expected they would. The fact is, TSI if ordered will hand over the info, and will have no choice but to do so.

prairiesky

join:2008-12-08
canada
kudos:2
said by koreyb:

said by d4m1r:

Come to think of it, isn't that a little better actually? While I still wish TSI simply opposed the motion which would have stopped it dead in the water, ......

I disagree. It would have dragged this on and on and would end up with the courts using the new copyright laws against TSI and forcing them to give up the info anyway. TSI did exactly as I expected they would. The fact is, TSI if ordered will hand over the info, and will have no choice but to do so.

This and if opposed and the motion went forward, they voltage could probably go after Tek for the court costs. We saw this today where they asked CIPPIC to cover today's fees to the tune of 2K if it was adjourned. Tek is playing this very smoothly.


d4m1r

join:2011-08-25

1 recommendation

reply to koreyb
said by koreyb:

said by d4m1r:

Come to think of it, isn't that a little better actually? While I still wish TSI simply opposed the motion which would have stopped it dead in the water, ......

I disagree. It would have dragged this on and on and would end up with the courts using the new copyright laws against TSI and forcing them to give up the info anyway. TSI did exactly as I expected they would. The fact is, TSI if ordered will hand over the info, and will have no choice but to do so.

Wrong, if TSI just told them "No" right off the bat, Voltage wouldn't have furthered the matter at all...Because it is not efficient for them to do so. They are merely looking for ISPs to rollover so they can work with them....In this case TSI said "maybe" so Voltage is still working the case.

If you look at their U.S operations, they almost NEVER actually follow up in the case...Because of this, it can be logically concluded that if TSI showed true resistance, this would already have been over because it would not be cost effective for Voltage to continue. This is what me and others familiar with these cases since their inception in Europe have been saying all along....
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Who7

join:2012-12-18
I'm not celebrating. All we have is a reprieve to a potential troll hell.

IF TSI and specifically CIPPIC wins, then I will eat crow. Lots of crow. More crow then any man deserves to eat. And I will do it gladly.

But not yet....

MFido

join:2012-10-19
kudos:2
reply to d4m1r
not sure about this Damir ....

MaynardKrebs
Heave Steve, for the good of the country
Premium
join:2009-06-17
kudos:4
reply to Who7
said by Who7:

IF TSI and specifically CIPPIC wins, then I will eat crow. Lots of crow. More crow then any man deserves to eat. And I will do it gladly.

You'll have so many feathers sticking out of your mouth that people will think you're a cat that the struck the mother lode.

prairiesky

join:2008-12-08
canada
kudos:2
reply to Who7
said by Who7:

I'm not celebrating. All we have is a reprieve to a potential troll hell.

IF TSI and specifically CIPPIC wins, then I will eat crow. Lots of crow. More crow then any man deserves to eat. And I will do it gladly.

But not yet....

I wouldn't worry too much about that, basically the structure doesn't dictate that TSI can win.... or lose for that matter... Seeing as it's a motion to the court by voltage, it can only be granted or denied, so I think you're safe!

As for your statement of "all we have is a reprieve", isn't quite true. Yes it was adjourned, but it's with the caveat that the case will take more time than what was first expected. 2ndly it's been shown that Tek has sustained real costs in gathering the data and that they want to be repaid. Asking for payment before release was a VERY smart move. Any judge will see that an out of country party could walk with the info and not be held accountable for paying the associated fees.

What tek did today was essentially take the air out of the tires in a manner that didn't oppose the motion, but made voltage think twice about moving forward.

From what i've learned in civil courts, it's about cost/risk analysis. Is it worth pursuing from a monetary standpoint, as that's what it comes down to in the end.

peterboro
Avatars are for posers
Premium
join:2006-11-03
Peterborough, ON
said by prairiesky:

From what i've learned in civil courts, it's about cost/risk analysis.

That is not applicable when individuals are involved only companies and even then personal motivations of directors may skew the cost/risk analysis.

That is the scenario Voltage is about to get into when they start to go after people on a case by case basis. Hopefully there is some backbone in those targeted.