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Film, TV studios filing lawsuits against Canadian BitTorrent users

Zaibetter

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Mar 27, 2016
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The new thing is that they're sending registers mail

If you received a piece of registered mail from a movie studio looking to sue you for illegally downloading a TV show such as Game of Thrones, a Canadian privacy lawyer in Nova Scotia says you need to take it seriously.

If ignored, there could be a high price to pay.

"They can get a default judgment and they can go for the maximum, which is $5,000," David Fraser told CBC Radio's Mainstreet on Tuesday.
"And that could become a lien on your house, that could become garnishment of your salary and it's not something you can just hope will go away."
For years, studios have been cracking down on people illegally downloading shows and movies by targeting suspects through sending notices to their internet providers, which are forwarded to customers.
Under Canada's Copyright Modernization Act, internet service providers have to track the IP addresses of users who are illegally downloading.

How names, addresses are revealed
Now, studios are identifying an IP address, suing the unknown person associated with that address and then getting a Norwich order through the Federal Court of Canada against the internet service provider to obtain the customer's name and address.

Fraser said his firm has been contacted by a number of individuals who have received a letter. He said the letters can appear to be "a little bit sketchy," but they are legitimate.
They're being sent to the homes of the IP address holders, but are addressed to "John Doe" from the movie studio. The statement of claim says "John Doe," but the letter accompanying it is to the intended defendant.
"And so you're thinking, I'm not John Doe. But when you go through it, it's obviously full of a whole lot of legalese and comes with a cover letter from a law firm in Toronto saying that you are, in fact, being sued," Fraser said.

From there, Fraser said the IP address holder is told in the letter that he or she has 30 days from the date of receiving the letter and statement of claim to file a defence.
If the IP address holder doesn't file a defence, Fraser said the studio could get a default judgment against them and then collect their damages.
Fraser said the letters are targeting users of BitTorrent sites, which allow people to download chunks of a movie or TV show from multiple sources.
"When you're using that protocol, you're also one of the 50 [sharing it] ... which means that you're exposing your internet protocol address, your IP address associated with your home network, to anybody who wants to see it," Fraser said.

"And that includes movie studios who hire companies to keep track of what IP addresses are associated with downloading and sharing their content."
https://www.cbc.ca/news/canada/nova...orrent-users-lawsuits-norwich-order-1.5100700
 

Scarey

Well-known member
I don't download anymore as there as many cheap avenues now. Having said that...……...I don't buy this shite for one moment and would be very interested to see an example where it was enforced.
 

Twister

Well-known member
Aug 24, 2002
4,585
356
83
GTA
I don't download anymore as there as many cheap avenues now. Having said that...……...I don't buy this shite for one moment and would be very interested to see an example where it was enforced.
I didn't hear of any so far, I wonder if the registered mail makes any difference. Maybe its just another scare tactic. They did bust a whole bunch of IPTV services....but if they're going after GOT people there will be many millions.
 

Jasmine Raine

Well-known member
Jul 28, 2014
4,049
48
48
I have heard of them going after people like TVAddons which distributes the material. Well, they didn't even distribute they made the means to allow distributors and users to connect.

I can see them going after individuals. They would get a bunch of default judgements. They could do bulk damages hearings and get 5K per person. Minus lawyer fees, that is still 200% profit on the price of a DVD sale.

I will not download anymore. Takes up to much space. So I stream. I used Kodi a lot but found it a bit of a pain in the ass lately and am sick of updating on each device as I have 4-5. So I just pay Netflix and crave now. It's easier.
 

kkelso

Well-known member
Apr 27, 2003
2,472
28
48
The new thing is that they're sending registers mail

If you received a piece of registered mail from a movie studio looking to sue you for illegally downloading a TV show such as Game of Thrones, a Canadian privacy lawyer in Nova Scotia says you need to take it seriously.

If ignored, there could be a high price to pay.

"They can get a default judgment and they can go for the maximum, which is $5,000," David Fraser told CBC Radio's Mainstreet on Tuesday.
"And that could become a lien on your house, that could become garnishment of your salary and it's not something you can just hope will go away."
For years, studios have been cracking down on people illegally downloading shows and movies by targeting suspects through sending notices to their internet providers, which are forwarded to customers.
Under Canada's Copyright Modernization Act, internet service providers have to track the IP addresses of users who are illegally downloading.

How names, addresses are revealed
Now, studios are identifying an IP address, suing the unknown person associated with that address and then getting a Norwich order through the Federal Court of Canada against the internet service provider to obtain the customer's name and address.

Fraser said his firm has been contacted by a number of individuals who have received a letter. He said the letters can appear to be "a little bit sketchy," but they are legitimate.
They're being sent to the homes of the IP address holders, but are addressed to "John Doe" from the movie studio. The statement of claim says "John Doe," but the letter accompanying it is to the intended defendant.
"And so you're thinking, I'm not John Doe. But when you go through it, it's obviously full of a whole lot of legalese and comes with a cover letter from a law firm in Toronto saying that you are, in fact, being sued," Fraser said.

From there, Fraser said the IP address holder is told in the letter that he or she has 30 days from the date of receiving the letter and statement of claim to file a defence.
If the IP address holder doesn't file a defence, Fraser said the studio could get a default judgment against them and then collect their damages.
Fraser said the letters are targeting users of BitTorrent sites, which allow people to download chunks of a movie or TV show from multiple sources.
"When you're using that protocol, you're also one of the 50 [sharing it] ... which means that you're exposing your internet protocol address, your IP address associated with your home network, to anybody who wants to see it," Fraser said.

"And that includes movie studios who hire companies to keep track of what IP addresses are associated with downloading and sharing their content."
https://www.cbc.ca/news/canada/nova...orrent-users-lawsuits-norwich-order-1.5100700
Not sure that there will be any follow-through on this, could just be a lot of smoke. Happy to see it though. We all bemoan the dearth of good creative content, and illegal downloading is cheating content creators out of their fair share, pure and simple.

KK
 

Scarey

Well-known member
Not sure that there will be any follow-through on this, could just be a lot of smoke. Happy to see it though. We all bemoan the dearth of good creative content, and illegal downloading is cheating content creators out of their fair share, pure and simple.

KK
I'm glad society went through a downloading phase in history. It's laughable that companies used to charge $25-30 for a hard copy of a disc that cost anywhere from 50cents to 3 dollars to make. If you gouge the market place....the market place finds a way...….the market adapted and evolved.
 

Zaibetter

Banned
Mar 27, 2016
4,284
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I'm glad society went through a downloading phase in history. It's laughable that companies used to charge $25-30 for a hard copy of a disc that cost anywhere from 50cents to 3 dollars to make. If you gouge the market place....the market place finds a way...….the market adapted and evolved.
About 10 years ago we had the period with the satellite dishes and got 900 channels ...everything.
 

kkelso

Well-known member
Apr 27, 2003
2,472
28
48
I'm glad society went through a downloading phase in history. It's laughable that companies used to charge $25-30 for a hard copy of a disc that cost anywhere from 50cents to 3 dollars to make. If you gouge the market place....the market place finds a way...….the market adapted and evolved.
I would agree. Disruption + Correction.
 

richaceg

Well-known member
Feb 11, 2009
11,693
3,727
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I don't know how much merit this cases will have as the laws always comes a little later than technology. Technology simply advances. Bitorrent has been gone since 2014 I think. They finally shut down Torrent providers and people started using android boxes by then. Their real enemy is the big old internet. That the people who use it. Same way blockbuster got brought down to it's knees...
 

Frankfooter

dangling member
Apr 10, 2015
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CBC had an interview with a guy who worked for an organization trying to stop these copyright trolls.
He noted that if you fail to respond to the notice the company will take you to court and you will lose for not showing up after having received the registered mail charges. The court apparently has been handing out damages in the low thousands fairly regularly.
The thing to do is apparently notify them you'll fight the charges, apparently they have yet to take anyone to court who challenges them.

Of course I"m not a lawyer and haven't even played one on tv, though I did watch an episode of street legal once.
 

TeeJay

Well-known member
Jun 20, 2011
8,052
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west gta
I didn't hear of any so far, I wonder if the registered mail makes any difference. Maybe its just another scare tactic. They did bust a whole bunch of IPTV services....but if they're going after GOT people there will be many millions.
Its totally a scare tactic (as is the obvious commercial disguised as a CBC "article" being quoted by OP)

There are so many common sense issues with filing a "John Doe" lawsuit
Not the least of which is actually PROVING in a court of law that you are in any way responsible

Under 18 they cant sue you
Under 12 the law does not even apply to you
No way to prove a renter or even a hacker was on your wifi (or even a house guest for that matter)

Its pure jokes and no they cant get a lien against your home even if they get a generic judgement (which they never do, if you notice link up ANY successful judgement in all of Canada, public record and all)
The shady lawyers are trying to squeeze cash out of stupid people



PS and even if they ever had you dead to rights and knew it was you downloading
Easiest solution in the world is go out and buy the alleged DVD
Courts dont just convict in a day you have time
Format shifting is also totally legal if you own the work in question
Paying Walmart $100 or whatever is an easy solution
 

GameBoy27

Well-known member
Nov 23, 2004
12,550
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I don't know how much merit this cases will have as the laws always comes a little later than technology. Technology simply advances. Bitorrent has been gone since 2014 I think. They finally shut down Torrent providers and people started using android boxes by then. Their real enemy is the big old internet. That the people who use it. Same way blockbuster got brought down to it's knees...
There's still many peer-to-peer file sharing sites around. If you use one, you should subscribe to one of these. Problem solved.

https://www.top10vpn.com/top10/?bsid=bndse1kw001&gclid=EAIaIQobChMIlPPctILk4QIVCLjACh3Tqw63EAAYASAAEgJhefD_BwE
 

Uncharted

Well-known member
Aug 8, 2013
1,030
978
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The new thing is that they're sending registers mail

If you received a piece of registered mail from a movie studio looking to sue you for illegally downloading a TV show such as Game of Thrones, a Canadian privacy lawyer in Nova Scotia says you need to take it seriously.

If ignored, there could be a high price to pay.

"They can get a default judgment and they can go for the maximum, which is $5,000," David Fraser told CBC Radio's Mainstreet on Tuesday.
"And that could become a lien on your house, that could become garnishment of your salary and it's not something you can just hope will go away."
For years, studios have been cracking down on people illegally downloading shows and movies by targeting suspects through sending notices to their internet providers, which are forwarded to customers.
Under Canada's Copyright Modernization Act, internet service providers have to track the IP addresses of users who are illegally downloading.

How names, addresses are revealed
Now, studios are identifying an IP address, suing the unknown person associated with that address and then getting a Norwich order through the Federal Court of Canada against the internet service provider to obtain the customer's name and address.

Fraser said his firm has been contacted by a number of individuals who have received a letter. He said the letters can appear to be "a little bit sketchy," but they are legitimate.
They're being sent to the homes of the IP address holders, but are addressed to "John Doe" from the movie studio. The statement of claim says "John Doe," but the letter accompanying it is to the intended defendant.
"And so you're thinking, I'm not John Doe. But when you go through it, it's obviously full of a whole lot of legalese and comes with a cover letter from a law firm in Toronto saying that you are, in fact, being sued," Fraser said.

From there, Fraser said the IP address holder is told in the letter that he or she has 30 days from the date of receiving the letter and statement of claim to file a defence.
If the IP address holder doesn't file a defence, Fraser said the studio could get a default judgment against them and then collect their damages.
Fraser said the letters are targeting users of BitTorrent sites, which allow people to download chunks of a movie or TV show from multiple sources.
"When you're using that protocol, you're also one of the 50 [sharing it] ... which means that you're exposing your internet protocol address, your IP address associated with your home network, to anybody who wants to see it," Fraser said.

"And that includes movie studios who hire companies to keep track of what IP addresses are associated with downloading and sharing their content."
https://www.cbc.ca/news/canada/nova...orrent-users-lawsuits-norwich-order-1.5100700
Typical crap from a lawyer that doesn't know how technology works.
None of this is even legally binding.
The IP address of the supposed offender is automatically assigned via DHCP by the ISP, the license for the address is only for a limited time, at which point the address a customer has changes. The ISP providers only have a list of the IP address a customer has currently, not historically. And if the offense happened a month ago, the ISP can't guarantee that the offending IP address is even assigned to the same person that committed the piracy. And they have no record of who it was assigned to that long ago.
None of this would even hold up in court.

This is yet another sensationalized article about nothing.
Why was this even posted?
This is the same type of garbage post that the insufferable Madonna would have done on another board, just to see her name up there.
I hope we don't have people like that here.
 

shakenbake

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Nov 13, 2003
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Durham Region, Den of Iniquity
www.vafanculo.it

Uncharted

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Aug 8, 2013
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ISP's certainly log, some for years. They have also provided information to authorities, without disclosure.
Even some VPN companies have been found to have done the same.

There is enough money on the table that they are getting smarter at litigation, and what to shut down.
They do not log historical IP address assignments on every customer unless there is reason of suspicion to do so. And that is on a case by case basis.
With DHCP licenses typically lasting only a week, causing IP address changes 4 times a month for every customer, and that's only for happy path. Network issues can force a release and renew of the DHCP address two to three times before it is even resolved. The amount of data this would generate and required to be stored would be immense.

The number of people who have gotten letters from Rogers or Bell accusing them of illegal downloads 2 months in the past, when these people could prove that not only did they not download anything, but weren't even Home at the time, just prove that the ISPs have no idea who had an address months after the DHCP license expired.
 

Phil C. McNasty

Go Jays Go
Dec 27, 2010
25,277
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About 10 years ago we had the period with the satellite dishes and got 900 channels ...everything
We still have that, its called IPTV ;)

In fact I would argue IPTV is even better because of its much larger channel selection
 

TeeJay

Well-known member
Jun 20, 2011
8,052
731
113
west gta
They do not log historical IP address assignments on every customer unless there is reason of suspicion to do so. And that is on a case by case basis.
With DHCP licenses typically lasting only a week, causing IP address changes 4 times a month for every customer, and that's only for happy path. Network issues can force a release and renew of the DHCP address two to three times before it is even resolved. The amount of data this would generate and required to be stored would be immense.

The number of people who have gotten letters from Rogers or Bell accusing them of illegal downloads 2 months in the past, when these people could prove that not only did they not download anything, but weren't even Home at the time, just prove that the ISPs have no idea who had an address months after the DHCP license expired.
Your entire understanding of how a DHCP works is laughably incorrect

Some companies will not maintain a very long log (eg TekSavvy only stores 30 days or so) but others maintain for very long terms (eg Bell has admitted storing for more than 1 year, and Rogers stated they store up to 1 year)
Its a business decision made by each company as to how long they think they should store the data for in order to maximize their ass coverages should a lawsuit request be made
 
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