Post Tagged with: "notice and notice"

Wikileaks Cable: CMPDA Supports Notice-and-Notice System

A Wikileaks cable from 2005 reveals that the Canadian Motion Pictures Distributors Association, the Canadian arm of the MPAA, told the U.S. embassy that it supports the notice-and-notice approach for ISP liability.  The cable states that “in CMPDA’s view, the advent of peer-to-peer filesharing has lessened the need for notice-and-takedown, […]

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April 29, 2011 Comments are Disabled Must Reads

Rogers Provides New Evidence on Effectiveness of Notice-and-Notice System

Bill C-32 looks to be headed for the dustbin if Canada heads into an election this week, but the C-32 committee is still ongoing until someone pulls the plug on the current Parlimentary session. Rogers, Telus, and Bell appeared yesterday and the discussion unsurprisingly focused on the notice-and-notice approach currently used by ISPs and codified within the bill. The notice and notice system involves a notification from a copyright holder – often involving movies, software or music – claiming that a subscriber has made available or downloaded content without authorization on file sharing systems. The ISP forwards the notification to the subscriber but takes no other action – it does not pass along the subscriber’s personal information, remove the content from its system, or cancel the subscriber’s service.

While some rights holders (who the committee learned played a role in establishing notice-and-notice in the first place) have claimed the system is ineffective, Rogers came prepared with evidence about how the system functions and on its effectiveness. It reports that it processed 207,000 notices in 2010, sending those notices to about five percent of its customer base. In other words, 95% of its subscribers are not identified by rights holders as copyright infringers – far from the piracy haven that it often claimed. Of the households that receive notices, only 1/3 receive a second notice. Of those that receive a second notice, only 1/3 of those receive a third notice. 

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March 23, 2011 27 comments News

Canada Post Plays Grinch in Takedown Fight

Appeared in the Toronto Star on January 26, 2009 as Canada Post Plays Grinch in Censorship Row Late last year, Canada Post and the Public Service Alliance of Canada became embroiled in a heated strike action over sick pay benefits. In the midst of the dispute, several PSAC members took […]

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January 26, 2009 Comments are Disabled Columns Archive

61 Reforms to C-61, Day 42: ISP Notice and Notice – No Penalty for False Notices

A second concern associated with the notice and notice approach in Bill C-61 is the absence of a penalty against claimants that file wrongful notices. This means that subscribers may receive completely erroneous notices regarding allegedly infringing content with no consequences to claimant.  Section 41.25(2) includes considerable specificity about what […]

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August 19, 2008 8 comments News

61 Reforms to C-61, Day 41: ISP Notice and Notice – Mandatory Data Retention

One of Bill C-61's few good points is the notice-and-notice approach for Internet Service Provider liability. The notice and notice system involves a notification from a copyright holder – often involving movies, software or music – claiming that a subscriber has made available or downloaded content without authorization.  The ISP […]

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August 18, 2008 11 comments News