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TekSavvy Gets Brief Reprieve in Fight With Copyright Troll
Next Court Hearing Delayed Until January 14
by Karl Bode 10:29AM Tuesday Dec 18 2012
Last week we noted how the copyright troll efforts of Voltage Pictures have made their way north of the border, the studio's legal team demanding the names and addresses of more than 2,000 TekSavvy users as part of a mass shakedown effort. As in the States, Voltage is one of several copyright trolls tracking BitTorrent activity then sending legal threats to users and ISPs.

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The hope is that these users settle without going to court, since several Judges have found the tactic of mass suits using unreliable IP address evidence to be legally tenuous at best.

TekSevvy has taken the somewhat refreshing approach of being very transparent with users about the process, even if that transparency shows that there's little the ISP can do. In a post to our forums this week, the ISP explains why they didn't oppose a motion by Voltage to obtain the names and addresses of users, noting that they can't really say much about the case.

"Everybody should know though that we have looked into all angles to determine what our position should be in this situation and after spending a significant amount of time and soliciting a considerable amount of advice from numerous respected sources, we found that we simply could not comment on the merits of the case," said the company.

"Our place is to ensure that we provide adequate notice and also to make known to others that these requests have occurred and that the best way to make sure to avoid being involved is to simply not engage in such activities."

In other words, the company is telling users that aside from giving them a heads up that they will have their personal data released to a copyright troll and proven shakedown artist with a history of skirting the law, there's not much they're able to do. A Judge this week did extend the timeline slightly, giving TekSavvy some additional time to warn impacted users. A new court date has been set for January 14. Locals tell us CIPPIC has gotten involved (think the Canadian version of the EFF), which could complicate Voltage's efforts.

As mentioned previously, The Law Society of Upper Canada provides a free lawyer referral service, allowing users without the funds for a lawyer to at least obtain a thirty minute free consultation advising them on their potential options. Consumers who don't want to reward this kind of behavior by a studio may also want to familiarize themselves with movies by the studio they may not want to watch.

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skeechan
Ai Otsukaholic
Premium
join:2012-01-26
AA169|170
kudos:2

Yeah

Sue the 5 people that actually saw that P.O.S. They should be grateful anyone saw it at all.
Kearnstd
Space Elf
Premium
join:2002-01-22
Mullica Hill, NJ
kudos:1

Re: Yeah

I do not think they understand that it was not piracy that caused the movie to perform badly. Its total US gross was less than what Avatar made in its opening weekend, And that one opened when half the eastern seaboard was buried in 2ft of snow or more.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports
resa1983
Premium
join:2008-03-10
North York, ON
kudos:10

1 recommendation

Jan 14th

I was there yesterday in the Court room, so here's a correction:

The Jan 14th date is actually the next sitting date for the Federal Court, and not when Teksavvy has to hand over the subscriber info. Jan 14th is just the next court date. No court order has been written up by the courts or sent out. Yesterday Teksavvy did fight the court order, to get the next court date pushed back to be able to continue informing customers of the potential suit being brought against them. Teksavvy is hoping affected customers will get lawyers, and have lawyers file on their behalf to keep their info out of Voltage hands (ie affected subscribers are still anonymous), and brought up a previous Ontario case where this happend.

CIPPIC is getting in on this, I assume they're going to fight on behalf of all Canadian consumers, so that sub info isn't handed over. They'll bring up the copytroll modus operandi (as they did already in their letter of intention to intervene »cippic.ca/sites/default/files/LT···2012.pdf , failures in the collection (ie printer IP being sued for copyright issues in the US), as well as other issues... If CIPPIC can get this nipped in the bud with Teksavvy, there'll be precedence other than a really old BMG ruling.
--
Battle.net Tech Support MVP
rradina

join:2000-08-08
Chesterfield, MO

Oh, so just don't do it?

"Our place is to ensure that we provide adequate notice and also to make known to others that these requests have occurred and that the best way to make sure to avoid being involved is to simply not engage in such activities."


They ended the sentence too quickly. They need to revise it just a bit:

...not engage in such activities and to hope the data we provide is accurate."

cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN
kudos:7

Re: Oh, so just don't do it?

said by rradina:

...not engage in such activities and to hope the data we provide is accurate."

Even if people don't engage in such activities, and the ISP data is accurate, it doesn't mean that they won't be sued anyways.

That's what part of the issue is. There are too many hops in the evidence to get from the movie studio's evidence to the person accused. Was the ISPs information accurate? Was the studios? Who's computer had access to the access point? Was it public or compromised? Some of the information there may be no way to conclusively prove that they are accurate or inaccurate.
Chubbysumo

join:2009-12-01
Superior, WI
Reviews:
·Charter

Re: Oh, so just don't do it?

said by cdru:

That's what part of the issue is. There are too many hops in the evidence to get from the movie studio's evidence to the person accused. Was the ISPs information accurate? Was the studios? Who's computer had access to the access point? Was it public or compromised? Some of the information there may be no way to conclusively prove that they are accurate or inaccurate.

if everyone claimed open wifi at one time, wouldnt voltage just be SOL anyways?
MaynardKrebs
Heave Steve, for the good of the country
Premium
join:2009-06-17
kudos:4

Contrast & compare

»www.techdirt.com/articles/201212···el.shtml
^^^
This
versus Teksavvy.

Yes, I understand the law on the matter, but I also understand that TSI does NOT have to be a willing facilitator of copyright trolls. Reducing log retention to the minimum required for technical business reasons (1-4 weeks) is a good first step vs. keeping logs for 90-180+ days. Sonic in the USA keeps logs for just 2 weeks.
UK_Dave

join:2011-01-27
Powassan, ON
kudos:2
Reviews:
·TekSavvy DSL

Voltage TSI

Karl,

Actually, the January date is the date to determine IF disclosure will be granted to Voltage. It is not the date when disclosure will take place. There is still going to be a fight before that happens.

TSI has been chosen because they have the least resources, the shallowest pockets, and because they are disposable in the eyes of bigger ISP's who you might expect would be coming forward and trying to fight disclosure with them on the grounds of Privacy, and avoiding the spectre of Speculative Invoicing reaching these fair shores from our friends further south.

It may well have been the wiser strategy to retreat, given CIPPIC might fight this with both hands, compared to TSI trying to with the threat of financial ruin hanging over them.

Cheers,
Dave

Karl Bode
News Guy
join:2000-03-02
kudos:39

Re: Voltage TSI

Thanks, will clarify this.
UK_Dave

join:2011-01-27
Powassan, ON
kudos:2
Reviews:
·TekSavvy DSL

Re: Voltage TSI

Thanks, Karl.

We'll be hoping for one of these:

"The Plaintiffs’ lack of interest in actually litigating these cases as demonstrated by the history of this litigation also weighs against permitting ex parte discovery."

»fightcopyrighttrolls.com/2012/11···scovery/
jc100

join:2002-04-10
UK_DAVE,

I'd rather go down with a fight than walking away with a tail between my legs. Some issues require people to take a stance. I would hope if this is going to hurt TSI, they'd set up a fund so people can donate to offset the legal expenses.

You'd be amaze at how quickly people open their wallets and give generously when they see an erosion of their rights. You've got to remember, wars aren't often won by rulings but through hearts and minds. Even if a single battle is lost, enough public outcry can still change course.
UK_Dave

join:2011-01-27
Powassan, ON
kudos:2
Reviews:
·TekSavvy DSL

Re: Voltage TSI

I'd rather go down with a fight than walking away with a tail between my legs.
----------------------------------------------

I'd rather fight the most effective campaign available to win the war.

TSI fighting this is not the most effective campaign.

Sure it looks the prettiest and most impressive, with all the drums, flags, and trumpets, and the stamping of horses hooves. The Light Brigade looked magnificent charging those cannons in 1854.

As I said earlier: "There's none so bent on violence in a conflict, as the armchair General."

dillyhammer
START me up
Premium
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Scarborough, ON
kudos:10
Reviews:
·WIND Mobile
·Start Communicat..

Re: Voltage TSI

said by UK_Dave:

TSI fighting this is not the most effective campaign.

I'm beginning to see the light on this - especially in light of the fact they were there on Monday and didn't just hand over the data with a whimper. They should at least put up a little resistance, in terms of Voltage's bona fides.

Things will get interesting in the coming months.

They know not with whom they've fscked.



Mike
--
Cogeco - The New UBB Devil -»[Burloak] Usage Based Billing Nightmare
Cogeco UBB, No Modem Required - »[Niagara] 40gb of "usage" while the modem is unplugged

Guspaz
Guspaz
Premium,MVM
join:2001-11-05
Montreal, QC
kudos:23

Re: Voltage TSI

It seems like they plan to let CIPPIC fight that battle for them. Despite their official reasons, I get the feeling that they wanted the request to give CIPPIC time to intervene more than for errors they've found.
--
Developer: Tomato/MLPPP, Linux/MLPPP, etc »fixppp.org

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

Re: Voltage TSI

said by Guspaz:

It seems like they plan to let CIPPIC fight that battle for them. Despite their official reasons, I get the feeling that they wanted the request to give CIPPIC time to intervene more than for errors they've found.

It seems that way, yes. And if that was the plan all along... well... it won't be the first time I looked like a horse's ass and Marc can feel free to fire over a crap sandwich.

Mike
--
Cogeco - The New UBB Devil -»[Burloak] Usage Based Billing Nightmare
Cogeco UBB, No Modem Required - »[Niagara] 40gb of "usage" while the modem is unplugged
jc100

join:2002-04-10

1 recommendation

Well the armchair General I might, TSI is still putting up a valiant effort. Again, I imagine they will win backers and proponents to the cause. You never know when a small voice can be heard from afar. Never underestimate the power of a lot of little people unifying into powerhouse.

amenite
The Soylent - It's People
Premium
join:2002-11-21
Ridgewood, NJ

Goodbye forever Steven Seagal...

Turns out they have several Steven Seagal classics in their catalog. How sad that I will now need to actively boycott them instead of just avoiding them instinctively as I have up to this point

»www.voltagepictures.com/titles.aspx
--
Time is an abstract concept invented by carbon based life forms to monitor their constant decay.
-Thunderclese
Chubbysumo

join:2009-12-01
Superior, WI
Reviews:
·Charter

Re: Goodbye forever Steven Seagal...

said by amenite:

Turns out they have several Steven Seagal classics in their catalog. How sad that I will now need to actively boycott them instead of just avoiding them instinctively as I have up to this point

»www.voltagepictures.com/titles.aspx

They have all the George A. Romero movies too. Fuck them and their shitty tactics, I will download them in the hopes they come after me and I can set the fucking precident that extortion is not okay.

n2jtx

join:2001-01-13
Glen Head, NY

Out Of Touch

Boy am I out of touch with the movie industry (and perfectly happy). I didn't recognize any titles on their website other than Hurt Locker and only because of the stories on this website and a 60 Minutes report on the making of the movie.
--
I support the right to keep and arm bears.
TheMG
Premium
join:2007-09-04
Canada
kudos:3
Reviews:
·NorthWest Tel

Re: Out Of Touch

said by n2jtx:

Boy am I out of touch with the movie industry (and perfectly happy). I didn't recognize any titles on their website other than Hurt Locker and only because of the stories on this website and a 60 Minutes report on the making of the movie.

Same here. I have not heard of any of those movies before, except for the Hurt Locker, and the only reason I've heard about that one is because of the P2P lawsuits.

Shadow01
Premium
join:2003-10-24
Wasteland

Sue TSI

The customers need to get a lawyer and sue TSI to slow the progression of the possible suits against the customers. Make TSI prove that each submitted ip is true and accurate. The only way to help the customers in this case is to cause the cost to increase to the point that TSI does not want to comply. At that point TSI would bend to the side of the customers and help fight the release of info due to their costs to comply.

andyb
Premium
join:2003-05-29
SW Ontario
kudos:1

Re: Sue TSI

Sue your ISP for your downloading? Makes no fathom of sense even if you didnt do it.Open wifi,hacked pc,others in the house etc etc.Clueless conclussion.TSI does not have to a damn thing including informing the customers.They are not the ones who may be going to pay fines,just an ISP

Pirate

@teksavvy.com

Open Wi-Fi Is Not a Crime, BitTorrent Case Judge Hears

Click on Link below and read! This is a little exerpt..... Enjoy!

»torrentfreak.com/open-wi-fi-is-n···-110621/

Defending the right to run an open wireless network, an accused BitTorrent user has written to a court explaining that his actions do not constitute a crime. The Doe further highlighted how mass-BitTorrent lawsuits are used to harass Internet users based on shoddy evidence. The anti-piracy lawyers in question suspect foul play, and claim the letter was not sent by one of the Does, but by a pro-piracy organization.

wifiMass litigation “pay up or else” anti-piracy schemes continue to keep United States courts busy. The total of Internet subscribers who have been accused of sharing copyrighted material is nearing 200,000, and new cases are being filed every week.
harald

join:2010-10-22
Columbus, OH
kudos:2

An IP address is not sufficient evidence!!

In the Columbus news there is a child pornography case where the sheriff obtained a warrant to search a house based upon the IP address. When they did so, they found no evidence of child pornography, but they did find an open wireless connection.

Subsequent investigation identified a neighbor who has since admitted to being the perp.

I can identify with intellectual property rights, but the approach of these people is ridiculous.