Illegal movie downloaders in Canada may face legal action

[Jonrox]

http://ca.news.yahoo.com/blogs/right-click/teksavvy-customers-potentially-facing-legal-action-movie-studio-212754982.html

In light of the recent thread about good sites to download movies, here's a reason to stay away from the illegal ones.

And for further clarification, here's a summary of the Copyright Modernization Act that recently came into effect:

http://balancedcopyright.gc.ca/eic/site/crp-prda.nsf/eng/h_rp01237.html

[Woodenhead]

My favourite part is how they are going after a small indie ISP. Something stinks there...

To TekSavvy's credit, the company insists that it will not provide subscriber information without a court order and it has sent notices to affected customers.

Here's some links:
TekSavvy blog post on the matter; their position
The actual legal documents
Canadian internet law expert blog (always extremely informative)

An interesting legal question: if this company hired to track IP's only for the purpose of court action is actually abiding by privacy laws. (It looks like they were hired specifically for this) Are our privacy laws protecting Canadians against private companies tracking everyone, for the purpose of court action without a court order?

[Woodenhead]

Just a follow-up post so I can add a few relevant links & tidbits.

This kind of thing has already went down in other countries:

Court confirms: IP addresses aren't people
Angry judges denounce plaintiffs in file-sharing lawsuits for abusing the legal system

This is the same company behind the failed/controversial Hurt Locker lawsuits last year. (the one that even named hockey arena IPs as targets LOL)

My prediction: nothing much - if anything - comes of this. It's a scare tactic at best & the courts will shoot it all down, like they already have with similar tactics south of the border & overseas.

[jccamp95]

lol just use starbucks or MickyD's wifi - or you neighbours unlocked router for that matter.

[zensiert]

If you are really concerned about security, I would recommend connecting your router to a private, anonymizing VPN service. One of the best out there is, IMHO, BTGuard. Granted, it is quite a bit more expensive than other similar services, but they actually specify in their TOS that they do not record any user information.

You would want to set the VPN/proxy up on your router to ensure that the only connection out of the router would be through the VPN/proxy. If you set it up on your computer, you would need to set things up on every computer connected to the router. Unfortunately, ISP-supplied routers not only cannot connect to VPN/proxies (usually), but you would want to consider the ISP to be in league with "the enemy" at any rate -- they may be legally obligated to hand over the fact that you use a VPN/proxy, and they may be ordered to record the data as it passes through the router and before it heads out over the encrypted connection. Best to get a third-party router straight from the store and flash it with custom firmware like DD-WRT.

Otherwise, if you live in a place like an apartment block, ensure that you have two routers installed. One which is nice and secure (you can say it is for personal use, so your own computers do not get hacked into), and another el-cheapo that is completely unsecured (obstensibly for guests, but really so you have plausible deniability). If you put your secure router behind your public router, there is no way that anyone can determine which network the traffic came from. You could just throw up your hands and claim it wasn't you -- because it is up to the prosecution to prove that it was you who downloaded the file.

Edit: Not a lawyer. But having taken some law-related classes, this passes the smell test.

[DANSPEED]

Anyone with an IP address that has allegedly engaged in copyright infringement could potentially be part of this request, TekSavvy's press release says.

How can a IP address stand up in court? So they have IP addresses which can be linked to a customer account provided by the ISP. Even with the account name they still can't prove who actually downloaded the copyright material. Even if a search warrant finds copyright material on a customers computer or on the property, without hard evidence linking the customer to the crime all they have is a IP address. "Please state your name for the record .... 99.199.123.82" The new Copyright Modernization Act even covers porn. This is just a waste of court time!

In 1997 Canada put a levy on recordable media for compensation of illegal file sharing effectively labeling anyone who purchases blank CD/DVD-R's a thief or pirate. So maybe in the end instead of trying to prosecute individual IP's for illegal downloading they'll just add a downloading levy to our monthly ISP bill.

[Woodenhead]

IP address /= an individual. This has already been proven & upheld in court. (to add to what DANSPEED said) The cases are out there - recent one in the US & UK - involving the same company, no less. (google is your friend)

If an IP was a person, then I am in Sweden right now.

[Jonrox]

Why don't you just not illegally download movies?

[SurplusElect]

If Hollywood steals plot lines and ideas I'm going to steal their content.

If movie theaters charge 5+ dollar for 490ml of flavored water to steal my money I'm going to steal their content and avoid their traps. Of course they are only stealing from me because of the high prices the movie producers charge to lease the films to the theaters.

Movie house wallet rapes the theater, theater wallet rapes the customer, customer wallet rapes movie house.

The thief's are upset about people stealing from them. Ok then.

On that note - I'm going to see The Hobbit tonight and I'm smuggling in contraband.

[Bsuds]

On that note - I'm going to see The Hobbit tonight and I'm smuggling in contraband.

Let us know what you think of the movie, I've read it's way too long and a bit draggy in places.

[SurplusElect]

I'm a Tolkien fan. Most likely it's not going to be long enough for me.

They left out Tom Bombadil in LOTR ;) I'll let the forums know.

[Jonrox]

So it's ok to steal if somebody is charging more for something than you think it's worth?

[Woodenhead]

hey I bet this turns into yet another "downloading isn't stealing" thread

*backs away slowly*

[Jonrox]

Hey WH... it's not my intention to turn this into THAT thread.

Surplus was the one who said he WAS "stealing", so that led to my question if it's ok to steal other things he thinks are overpriced.

[Loed]

Let us know what you think of the movie, I've read it's way too long and a bit draggy in places.

If you're a fan of Tolkien you'd understand that "long and a bit draggy" is actually just how he writes.

It's an utterly fantastic movie though.