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TekSavvy Must Turn Over P2P Usernames (With a Catch)
by Karl Bode 09:19AM Tuesday Feb 25 2014
You might recall that Voltage Pictures has been one of the bigger copyright trolls in the United States, sending out mass "settlement-o-matic" letters to people who download their films (including The Hurt Locker and Dallas Buyers Club) via BitTorrent, threatening them with legal action unless they settle up. Last in 2012 Voltage took their show on the road to Canada, taking aim at independent ISP TekSavvy in the hopes of forcing the ISP to turn over the identities of 2,000 BitTorrent users.

Over the weekend Canadian Judge Kevin Aalto ruled that TekSavvy had to turn over those names, but Aalto added some caveats to his ruling that won't make things easy on the copyright troll:
quote:
Aalto ordered that before Voltage can send a letter to the alleged downloaders, it must return to court to get the wording of its communications cleared by a case management judge..."Any correspondence sent by Voltage to any subscriber shall clearly state in bold type that no court has yet made a determination that such subscriber has infringed or is liable in any way for payment of damages."
Aalto also declared that Voltage has to pay TekSavvy's legal bills entirely before any data will change hands, and the data can only be used specifically for the letters. Meanwhile, Canadian law professor Michael Geist explains in a blog post how pursuing their copyright troll ambitions in Canada may not be worth the cost of the effort for Voltage.

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Riusaki

join:2000-09-14
Space

VPN, VPN, VPN

I've said it before and i'll say it again.

VPN's keep the copyright trolls away. If you're going to steal at least be smart about it.

milnoc

join:2001-03-05
H3B
kudos:2

Re: VPN, VPN, VPN

VPNs keep logs too.
clone

join:2000-12-11
Portage, IN

Re: VPN, VPN, VPN

Except, you know, for all the ones that don't.

Packeteers
Premium
join:2005-06-18
Forest Hills, NY
kudos:1

Re: VPN, VPN, VPN

spoken like a true NSA honeypot...
as OP's article clearly points out,
it's all a matter of legal jurisdiction.
better to have a few other countries
between your VPN and copyright trolls.
DanteX

join:2010-09-09
kudos:1
Really? I operate a VPN company and we keep no logs so I do not know where you are getting that idea from

milnoc

join:2001-03-05
H3B
kudos:2

Re: VPN, VPN, VPN

How about your ISP? Do they keep logs?

ITALIAN926

join:2003-08-16
kudos:2
"If youre going to steal at least be smart about it"

SMH
clone

join:2000-12-11
Portage, IN
Reviews:
·T-Mobile US

What Identities?

This would be very easy for TekSavvy to short-circuit. Why ISPs continue to hold on to any more than say, 72 hours of DHCP logs (or any at all) is beyond me. If someone is a real danger or threat, the cops will come knocking within a day or two. Beyond that? Must not have been too big of an issue.

If I ran an ISP, I would have DHCP force a new lease every 12 hours, and keep the logs for 24 hours.
resa1983
Premium
join:2008-03-10
North York, ON
kudos:10

Re: What Identities?

Problem is that Teksavvy isn't in charge of the DHCP leases as its TPIA (ie wholesale).
--
Battle.net Tech Support MVP
clone

join:2000-12-11
Portage, IN

Re: What Identities?

Then they shouldn't even be involved in this fight. The only organization that can positively identify what node was assigned a given IP address at a given time is whoever controls the DHCP logs.
funny_one
Previously known as 'Deadpool'

join:2010-11-01
The other problem is that from a lawful access perspective, you'd be up shit creek with the courts and CRTC if you didn't keep logs for any longer. The big boys have been spanked for that in the past and have been told to keep all records for 7 years. Records can benefit you as well!

NormanS
I gave her time to steal my mind away
Premium,MVM
join:2001-02-14
San Jose, CA
kudos:12
Reviews:
·SONIC.NET
·Pacific Bell - SBC

Re: What Identities?

said by funny_one:

The other problem is that from a lawful access perspective, you'd be up shit creek with the courts and CRTC if you didn't keep logs for any longer. The big boys have been spanked for that in the past and have been told to keep all records for 7 years.

We actually have one up on the Canadians? My ISP is only keeping records for two weeks.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum

milnoc

join:2001-03-05
H3B
kudos:2

Misleading Headline

I just want to repeat what I've written in the CanBroadband forum that I'm extremely disappointed in the inflammatory and misleading headline of this article.

The headline misleads you into believing Voltage won it all. But the reality is that the judge attached so many conditions to this "victory" that it'll very likely cost Voltage much more money to pursue file traders in court than they'll get back from court victories.

How difficult would it have been to add the words "with a catch" to the headline? By making it seem as if this was a total victory for Voltage, DSLR has sunk down to the fetid level of incumbent-owned mass news media.

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

1 edit

10 recommendations

Re: Misleading Headline

Wow. Calm down.

I ran out of character space allotted to me in headlines and wanted to get the biggest newsbit out of the way, hoping people actually would, you know, read the article itself that points out in detail how this isn't really a win for Voltage. You honestly think this pro-consumer website (one of very few) wanted to make North America's biggest copyright troll look good?

Thanks for the vote of confidence and compliments. Maybe next time send me an IM suggesting alternate headlines instead of flinging histrionics. That said, I've swapped the headline around a bit within my allotted character space so we're no longer considered vile, diabolical, monsters in your eyes.

workablob

join:2004-06-09
Houston, TX
kudos:3

Re: Misleading Headline

Get 'em Karl.

Blob

milnoc

join:2001-03-05
H3B
kudos:2

2 recommendations

Sorry, Karl, for jumping on you like that. But when I saw that headline, which was a near-exact duplicate of almost every other headline published during the last couple of days, I simply blew my top. I've become so hostile towards major news outlets for their biased behaviour and slanted reporting, I've allowed that hostility to carry over to this article's original headline.

If we ever meet at a Tim Hortons, the Cookie of Peace is on me.

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

Re: Misleading Headline

said by milnoc See ProfileIf we ever meet at a Tim Hortons, the Cookie of Peace is on me.
[/bquote :

Hah, it's a deal!

dgass

join:2007-09-27
Etobicoke, ON
kudos:1
milnoc, I couldn't agree with you more!

Edit: and Karl, good job on the edit of the headline.
Roop

join:2003-11-15
Ottawa, ON
I agree that the original article was too sensationalist as well. Thanks for the comment milnoc.
Trimox

join:2012-09-24
Anywhere

Cost vs return

There is a reason the "scattergun" was created before the rifle. Cheap, easy and profitable. Let us see what they can hit when the price goes up.

RARPSL

join:1999-12-08
Suffern, NY

Simple Way to keep Voltage from misusing the names

"Aalto also declared that ... the data can only be used specifically for the letters."

All that is needed is for the letters be printed and mailed by a third party (just like mailing list addresses are used by a Mailing Company). The master of the letter is supplied by Voltage to a mailing company and the addresses are supplied on labels by the court. The labels are applied to the letters and mailed. This is standard practice when you rent a mailing list. You supply what is to be mailed and the mailing list owner supplies the labels and does the mailing. The renter never sees the addresses so they have no way to recycle/reuse it. I used to work for such a mailing company so I am familiar with the way it works.