Post Tagged with: "teksavvy"

Why Copyright Trolling in Canada Doesn’t Pay: Assessing the Fallout From the Voltage – TekSavvy Case

The Canadian media featured extensive coverage over the weekend of the federal court decision that opens the door to TekSavvy disclosing the names and addresses of thousands of subscribers and establishes new safeguards against copyright trolling in Canada. While some focused on the copyright trolling issues, others emphasized the disclosure of the names and the possibility of lawsuits.

What comes next is anyone’s guess – Voltage indicates that it plans to pursue the case – but the economics of suing thousands of Canadians for downloading a movie for personal purposes may not make sense given current Canadian law. This post examines the law and estimated costs of pursuing file sharing litigation against individuals, concluding that the combination of copyright reform, the Voltage decision, likely damage awards, and litigation costs will force would-be plaintiffs to reconsider their strategies.

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February 24, 2014 100 comments News

Canadian Court Ruling in Teksavvy File Sharing Case a Blow to Copyright Trolls

Appeared in the Toronto Star on February 22, 2014 as Canadian Court Ruling in Teksavvy File Sharing Case a Blow to Copyright Trolls The outbreak of copyright trolling cases in the United States and Britain in recent years has sparked considerable anger from courts, Internet providers, and subscribers. These cases, […]

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February 22, 2014 1 comment 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?

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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

Canipre Admits It’s Behind Voltage-TekSavvy File Sharing Lawsuits With Speculative Invoicing Scheme

Canipre, a Montreal-based intellectual property rights enforcement firm, has admitted that it is behind the Voltage file sharing lawsuits involving TekSavvy in what is described as a “speculative invoicing” scheme. Often referred to as copyright trolling, speculative invoicing involves sending hundreds or thousands of demand letters alleging copyright infringement and seeking thousands of dollars in compensation. Those cases rarely – if ever – go to court as the intent is simply to scare enough people into settling in order to generate a profit.

Canadian Business reports that Canipre’s goal is to import the speculative invoicing strategy to Canada and that it found a willing partner in Voltage Pictures. Canipre collected thousands of IP addresses that are alleged to have downloaded Voltage films and Voltage is now asking the Federal Court to order TekSavvy to disclose the subscriber names linked to the IP addresses.

The Canipre admission is important because it is consistent with arguments that the case involves copyright trolling and that the Federal Court should not support the scheme by ordering the disclosure of subscriber contact information.

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March 12, 2013 29 comments News