Distributel, an independent ISP with services in Quebec, Ontario,
Alberta, and B.C., has fought back in a file sharing lawsuit launched by
NGN Prima Productions, opposing a motion
to disclose the names of subscribers alleged to have engaged in file
sharing. It appears that NGN is using Canipre to identify alleged file
sharers,
the same company that has supplied information to Voltage Pictures in
its case
involving thousands of subscribers at TekSavvy. Distributel did not
oppose a similar request in November 2012, but says in court documents
filed today that several factors led to a change in position when NGN
filed another request for more names.
First, Distributel was concerned with how NGN treated its subscribers,
demanding a $1500 settlement in a notice claiming that subscribers could
face up to $20,000 in damages. Distributel noted the lack of evidence
for the claim made by NGN, relying on an expert analysis of BitTorrent
to highlight the shortcomings. Moreover, Distributel
says NGN is engaged in copyright trolling, citing the misrepresentation
in the potential liability (the law now features a cap of $5,000 for non-commercial statutory damages) and the settlement demands that far exceed actual damages.
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For the past two days I've called attention to the shocking demands
by business groups, including the Canadian Chamber of Commerce, the
Canadian Marketing Association, and the Entertainment Software
Association of Canada, to legalize spyware by permitting the secret
installation of computer programs to monitor activities of Canadians
suspected a potential contravention of the law (including laws such as
copyright or any foreign law) or unauthorized use of a computer system (including wireless networks).
The Canadian Chamber of Commerce added its own submission
to the government's consultation on the anti-spam regulations. The Chamber's
key concern is the very foundation of the law: opt-in consent that
requires businesses to obtain consent before sending commercial
electronic messages (subject to a wide range of exceptions). The Chamber says:
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