Post Tagged with: "P2P"

Courtroom One Gavel by Joe Gratz CC0 1.0 Universal (CC0 1.0) https://flic.kr/p/bkUna

Voltage Pictures Launches Canadian File Sharing Lawsuit With Reverse Class Action Strategy

Voltage Pictures, which previously engaged in a lengthy court battle to require Canadian ISPs to disclose the names of alleged file sharers, has adopted a new legal strategy. This week, the company filed an unusual application in federal court, seeking certification of a reverse class action against an unknown number of alleged uploaders of five movies using BitTorrent (The Cobbler, Pay the Ghost, Good Kill, Fathers and Daughters, and American Heist). The use of reverse class actions is very rare in Canada (only a few have been reported). There were attempts to use the mechanism in copyright claims in the U.S. several years ago without success.

The Voltage filing seeks certification of the class, a declaration that each member of the class has infringed its copyright, an injunction stopping further infringement, damages, and costs of the legal proceedings. Voltage names as its representative respondent John Doe (linked to a Rogers IP address). It admits that it does not know the names or identifies of any members of its proposed class, but seeks to group anyone in Canada who infringed the copyright on one of the five movies. Voltage does not say how many people it has identified as infringing its copyright. It urges the court to issue an order to stop the infringement and to assess damages to be paid by each person.

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April 28, 2016 53 comments News

Podcast on the Voltage Decision

I talked to Carleton University’s Capital News about the Voltage decision. Listen to the Podcast here.

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March 7, 2014 Comments are Disabled Podcasts

Distributel Fights Back Against Motion to Disclose Subscriber Information in File Sharing Case

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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February 8, 2013 34 comments News
NPD Group Fails Basic Math: Data Shows P2P Users Spend Nearly 50% More on Music Than Non-P2P Users

NPD Group Fails Basic Math: Data Shows P2P Users Spend Nearly 50% More on Music Than Non-P2P Users

File sharing of music has been part of the Internet landscape for well over a decade, but the debate over its economic impact continues to rage. The issue has come to fore once again in recent weeks after Columbia University’s American Assembly released an excerpt of a report that found that peer-to-peer users purchase 31 percent more downloads than non-P2P users. The NPD Group, which conducts industry analysis for the Recording Industry Association of America, quickly responded with data that purports to show that among music buyers, both P2P and non-P2P users spend about the same, though P2P users spend more on merchandise and concert tickets. The NPD Group dismisses the additional spending, arguing “it would be silly” to concluded the P2P promotes merchandise or ticket sales.

While there have since been responses from the American Assembly and further promotion of the NPD Group findings from the RIAA (along with coverage from CNET and TorrentFreak), no one seems to have picked up on the basic math error from NPD Group. The NPD Group post ironically starts with:

I often think you ought to have a license to publish data, especially these days, when misinterpreted statistics easily make their way to the blogosphere, and thus become truth.

Yet take a closer look at its own data in a chart that has been replicated throughout the blogosphere. 

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November 15, 2012 29 comments News

Study Finds File Sharers Buy 30% More Music Than Non-File Sharers

A new study by the American Assembly finds that file-sharers buy 30 percent more music than non-file sharers. The study is consistent with many other studies that confirm that file sharers spend more on music and cultural products than those that do not. Study author Joe Karaganis has a follow-up […]

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October 18, 2012 5 comments Must Reads