Post Tagged with: "downloading"

Downloading Decision: Federal Court Establishes New Safeguards on Disclosures in File Sharing Suits

The federal court has released its much anticipated decision in Voltage Pictures v. Does, a case involving demands that TekSavvy, a leading independent ISP, disclose the identities of roughly 2,000 subscribers alleged to have downloaded movies without authorization. The case attracted significant attention for several reasons: it is the first major “copyright troll” case in Canada involving Internet downloading (the recording industry previously tried unsuccessfully to sue 29 alleged file sharers), the government sought to discourage these file sharing lawsuits against individuals by creating a $5,000 liability cap for non-commercial infringement, TekSavvy ensured that affected subscribers were made aware of the case and CIPPIC intervened to ensure the privacy issues were considered by the court. Copies of all the case documents can be found here.

The court set the tone for the decision by opening with the following quote from a U.S. copyright case:

“the rise of so-called ‘copyright trolls’ – plaintiffs who file multitudes of lawsuits solely to extort quick settlements – requires courts to ensure that the litigation process and their scarce resources are not being abused.”

The court was clearly sensitive to the copyright troll concern, noting that “given the issues in play the answers require a delicate balancing of privacy rights versus the rights of copyright holders. This is especially so in the context of modern day technology and users of the Internet.”

So how did the court strike the balance?

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February 20, 2014 2 comments Columns Archive

Downloading Decision: Federal Court Establishes New Safeguards on Disclosures in File Sharing Suits

The federal court has released its much anticipated decision in Voltage Pictures v. Does, a case involving demands that TekSavvy, a leading independent ISP, disclose the identities of roughly 2,000 subscribers alleged to have downloaded movies without authorization. The case attracted significant attention for several reasons: it is the first major “copyright troll” case in Canada involving Internet downloading (the recording industry previously tried unsuccessfully to sue 29 alleged file sharers), the government sought to discourage these file sharing lawsuits against individuals by creating a $5,000 liability cap for non-commercial infringement, TekSavvy ensured that affected subscribers were made aware of the case and CIPPIC intervened to ensure the privacy issues were considered by the court. Copies of all the case documents can be found here.

The court set the tone for the decision by opening with the following quote from a U.S. copyright case:

“the rise of so-called ‘copyright trolls’ – plaintiffs who file multitudes of lawsuits solely to extort quick settlements – requires courts to ensure that the litigation process and their scarce resources are not being abused.”

The court was clearly sensitive to the copyright troll concern, noting that “given the issues in play the answers require a delicate balancing of privacy rights versus the rights of copyright holders. This is especially so in the context of modern day technology and users of the Internet.”

So how did the court strike the balance?

Read more ›

February 20, 2014 114 comments News

Website Links House of Commons IP Addresses to BitTorrent Downloads

TorrentFreak reports on a Pirate Party of Canada finding that links BitTorrent downloads to IP addresses assigned to the House of Commons. Similar findings using the YouHaveDownloaded.com site have occurred in France and the United States. The findings raise questions about possible infringement and – given questions about the reliability […]

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January 4, 2012 10 comments Must Reads

The Ethics of Downloading Music You Already Own

The Toronto Star considers the ethics of downloading music you already own.

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August 8, 2009 Comments are Disabled Must Reads

The Agenda’s Decade of Downloading Debate

Last Friday, I appeared on TVO's The Agenda for a 40 minute debate titled "A Decade of Downloading." Other participants include Bob Wiseman (formerly of Blue Rodeo), Matt Hartley of the Globe and Mail, Grant Dexter of MapleMusic, and Andy Maize of the Skydiggers and MapleMusic.  The program is embedded […]

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June 1, 2009 8 comments News