In addition to expanding the provision, the same groups want to add statutory damages to the mix (the music industry recently argued that statutory damages should be unlimited). Yet a June 2010 letter to SOCAN from Canadian Heritage Minister James Moore’s department indicates it is opposed to the change since it stems from a lack of understanding about how statutory damages work. The letter states:
However, in establishing a copyright infringement under Subsection 27(2.3), there is no requirement to prove specific infringements, but rather only requires that some infringement(s) occurred as a result of the act of enabling copyright infringement. As such, there is no specific number of infringed works that needs to be established. Consequently, it would create serious difficulties for the application of the enabling provision if a remedy based on a “per work infringed” basis was available.
It should be remembered that actual damages, accounting of profits and injunctions are available for a violation of the new enabling provision. Furthermore, where the actions of a person are particularly reprehensible, punitive damages may also be awarded by the courts.
The Canadian Heritage response is instructive for at least three reasons. First, it points to the fact that the rights holders have numerous tools within the law to obtain huge financial damages, particularly if the actual damages are as significant as they claim. Second, statutory damages do not fit neatly within the framework given that there may not be a need to prove a large number of actual infringements. Third – and perhaps most tellingly – it is clear the department believes that current Canadian law can deal with sites such as isoHunt given the reference to relying on the present commercial statutory damages clause instead.
It’s interesting how slowly the lawsuit against isoHunt is being pursued. Could it be that the music industry is afraid that it might actually win under the current law?
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lol @Z
True dat!
statutory damages
The various content industries love statutory damages for the same reason they love things like “notice and takedown” – because they don’t have to bother to actually prove anything.
If their losses are actually as big as they keep claiming, they should be trivial to prove.
Canadian Spring
https://www.facebook.com/CanadianSpring
Stop Stephen Harper! Call for Bi-election
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First want to say before I go on a rant here, does anyone know when this bill is expected to pass…before summer or in fall?
Why do we even waste our time typing on here what we think and signing petitions none of it matters, CONS obviously don’t listen to us.. CONS are going to do what they want. I really think I’ve given up and just have to sit here and wait until 2015 to vote their asses out! Maybe someone has to do something drastic like say they will kill themselves to get a bill not passed would they listen then? So bleeping sick and tired of it all!!! I won’t be coming back on here because all I see is bad news nothing good and so frustrated I can’t do anything about it and not just this bill also with that GOD Damn Crime bill about to be passed.
Conservatives March Steadfastly Into The Past
They had to show us our fears were justified. “Do you fear me now?” should be their mantra
How do they expect to make money?
How do these guys expect to make money when most of Canada will be either in jail, or sued into to complete poverty by these new laws?
How will they make money if they have no one left to sell the music too?
These laws are so far removed from reality that it just boggles my mind…this is complete insanity.