Downloading from bit torrent sites legal in Canada ??

[1Harringtona]

when I was in high school my computer tech teacher said that the only service provider that can see what you download is rogers so in my opinion you should charge rogers for invading your privacy. We are on cogeco and all they say when you download too much stuff is that we are taking up too much bandwidth or something like that.

 

Also I would e-mail them back and make up a story like why are you e-mailing me I never downloaded anything, just to see what they say.

Edited December 19, 2008 by Pikehunter Jr.

[McQ]

Timely article

 

Explanation for ISP contact

[slyfoxx69]

Darsky, you're not the only who got this. So did I a few days ago...

 

Subject: Illicit Use of your Internet Access

 

Madam, Sir,

 

We received a complaint affirming that activities associated with your IP address may infringe intellectual property rights of a third party.

 

We would like to remind you that the reproduction of protected material constitutes an infringement to the exclusive right of its holder. This behaviour could expose you to legal action from this third party and to a judgment to pay damages. Generally, you must obtain the permission or

rights in order to reproduce any protected material.

 

Please note that Videotron will not take any action against you, but if legal actions were to be brought against you by the plaintiff, we would have no other alternative except than hold you responsible for any damages you may have caused. We thus ask you to cease any activity that may be considered an infringement of a third party’s intellectual property rights.

 

Here is the infringing material according to the complaint:

 

******

Evidentiary information:

Notice ID: 4544964

Recent infringement timestamp: 2009-02-21T21:24:05.000Z

Infringed work: Adobe Photoshop

Infringing file name: Adobe Photoshop CS4

Infringing file size: 522108346

Protocol: BitTorrent

Infringing URL: http://tracker.paradise-tracker.com:10000/announce

Infringing IP address: 74.56.121.76

Infringing DNS name: modemcable076.121-56-74.mc.videotron.ca

 

******

 

Because of privacy concerns, we cannot give any information regarding the plaintiff, as we do not provide any information to the plaintiff about you except if ordered by a court of law. If you want to know who the plaintiff is, you can search on the internet who is the copyright owner of the material referenced in the complaint.

 

Thank you in advance for your cooperation.

 

Yours truly,

 

 

Internet Security

Vidéotron ltée

 

******

 

BTW Darsky, since you received the same letter, has anybody tried to sue you or sent you a letter for a possible law suit?

Edited March 5, 2009 by slyfoxx69

[Stoty]

it makes no difference at all if you post it online or not as anyone with the intent of attacking your computer can have your IP address in the blink of an eye.

 

hackers are always a step ahead...

 

True enough, but that's like leaving the doors unlocked in your car......it's just common sense.

[purekgw]

i have a few torrents if its a microsoft thing you need peer guardian and i always use a proxy

[darsky]

nothing to follow up with

[slyfoxx69]

nothing to follow up with

 

Thanks buddy for your reply. If I have any follow-up, I'll let you know!

 

Cheers!

[fishing n autograph]

I have been getting movies and such from places like mininova for years and never had any problem. Last week I dl'd W. and a few days later got this email from my service provider......

 

 

 

 

Subject: Illicit Use of your Internet Access

 

Madam, Sir,

 

We received a complaint affirming that activities associated with your IP address may infringe intellectual property rights of a third party.

 

We would like to remind you that the reproduction of protected material constitutes an infringement to the exclusive right of its holder. This behaviour could expose you to legal action from this third party and to a judgment to pay damages. Generally, you must obtain the permission or

rights in order to reproduce any protected material.

 

Please note that Videotron will not take any action against you, but if legal actions were to be brought against you by the plaintiff, we would have no other alternative except than hold you responsible for any damages you may have caused. We thus ask you to cease any activity that may be considered an infringement of a third party’s intellectual property rights.

 

Here is the infringing material according to the complaint:

 

******

Evidentiary information:

Notice ID: 10110399

Recent infringement timestamp: 2008-12-08T23:32:27.000Z

Infringed work: W.

Infringing file name: W.CAM.XviD-CAMELOT

Infringing file size: 732558807

Protocol: BitTorrent

Infringing URL: http://www.torrent-god.com/announce.php

Infringing IP address:

Infringing DNS name: modemcable026.150-58-74.mc.videotron.ca

 

******

 

Because of privacy concerns, we cannot give any information regarding the plaintiff, as we do not provide any information to the plaintiff about you except if ordered by a court of law. If you want to know who the plaintiff is, you can search on the internet who is the copyright owner of the material referenced in the complaint.

 

Thank you in advance for your cooperation.

 

Yours truly,

 

 

Internet Security

Vidéotron ltée

 

 

 

 

 

Anyone remember the Metallica thing with Napster? Same type of issue?

 

Hey Guys, FYI, I did some research and there is NOTHING LEGALLY BINDING from this letter. It's a scare tactic from the US to your service provider to make you stop downloading. Your service from Rogers won't stop etc etc.

 

Don't worry about it.

[EC1]

The one thing rogers can do is that they say that there is "Something" from your computer / router that is eating up their server bandwidth.

As a result, they cut your internet - 1st time = 1 week 2nd time = 1 month ..and so on.

[The Urban Fisherman]

how about this...PAY FOR THE MOVIES! lol Fact is people are stealing when they download movies on bit torrent sites.... It doesn't matter if there's some loop hole in Canada that somehow makes it "legal". If you're comfortable doing that, that's your business, but don't go crying to anybody if you get busted....

 

Sorry if I sound like an but it's true.... I'm not saying I never did it, I downloaded music back in the napster days, but I just feel better about renting movies nowadays...it's like 3 to 4 bucks from ITUNES....

[Danubian]

From the second e-mail published here:

 

Because of privacy concerns, we cannot give any information regarding the plaintiff, as we do not provide any information to the plaintiff about you except if ordered by a court of law. If you want to know who the plaintiff is, you can search on the internet who is the copyright owner of the material referenced in the complaint.

 

My understanding is that:

1) There is a plaintiff which filed a complaint against/at the ISP

2) The ISP is keeping a traffic log - obviously...- that could be used in an investigation if ordered by a court of law

 

I think that the simplest scenario of this story is where the "plaintiff" - i.e. Adobe Corp - planted the file as a bait, then it recorded all the accesses and in the end, it sent mass complaint e-mails to the originating ISPs, most probably only to those ISPs which are under US, Canadian or EU jurisdiction.

 

Pursuing someone in justice for such a minor thing as in downloading PhotoShop, or "In Bruges", is rather a joke. Their legal costs would be huge and the "return of investment" uncertain. How do they decide to sue Joe Millionaire and not Ricky Burgerflipper? Do they hire an investigator first? Or maybe they sue both guys, and if so, for how much in punitive damages?...

 

I am not saying "keep downloading from torrents", but you got my point.

And yes, if you can find a proxy, preferably from a country that cannot be summoned in a US or Canadian court, the sooner the better. (That suddenly reminded me about what telemarketers did with the National DO Not Call List... :-)) )

Edited March 6, 2009 by Danubian

[bigfish1965]

The legality in Canada is very ambiguous. If I loan my purchased DVD to you, I am technically also breaking the law. Our courts recognized that this was impossible to monitor.

There is a special fee we pay on all blank Cd's and DVD's which goes to a fund and is distributed to recording/movie studios...sort of a buy off so we don't have to deal with the whole privacy thing.

Getting a conviction here is dam near impossible which is why we don't see the stuff like you see in the US with the RIAA.

I have no idea what I am really downloading until it is done. It could be Stairway to Heaven, it could be some guys dog barking for an hour.

No one monitoring my usage knows what I am getting either.

The act of ripping a CD I bought and putting it on my iPod is also illegal..but also unenforceable and no court in the land wants to touch it and since the recording companies already lost here once when the court ruled the ISP could not provide information to the plaintiff, they do not want to go to court and lose and blow the whole thing wide open.

[Chris]

As the owner of copyrighted material that is for sale I have one comment for those who steal copyrighted material. You are thieves plain and simple. No better than someone who breaks into your home and steals your stuff. Chances are you won't get charged, but your only hurting yourselves. I see people on this message board complainging about the bailouts and white collar crimes that go unpunished. I see people on here just about jump out of their pants if someone trolls two lines or even keeps a legal fish. Yet when it comes to stealing something it's OK with you.

 

Picture it from this perspective. You pay hard earned cash to buy a guitar and then spend money to take lessons and then hone your craft for years and years until you can play. Then you join a band and you work your ass off to rehearse enough songs to play live. Then you play live for several years to get good at it (that is if some DJ playing someone else's music hasn't eliminated the live venue). Then you spend all the money you made gigging for the last 5 years to record your own original music. Then you pay to have it mastered, then your pay again to have it reproduced. Then you pay to advertise, promote and distribute your cd. You sell some (never making your money back) and then all of a sudden it's on the internet and some shmuck is downloading it for free.

 

Let's look at another perspective. After all the Bull in the first part of the last paragraph, you get recognized by a major label (BTW there are only 3 major labels left and they will fold soon as well) and they have you come in to record your songs for a cd. They front you 250K to record and another 250K in tour support. If you have a previous successful cd you would probably get more, including cash to pay for a reknowned producer. The band then sells a million records (not likely with all the thieves out there). But the record company only pays the band about 10% of the earnings (that's how record deals work). But first, out of that 10% the band must pay back the record company all that money that was fronted to them in the first place. In most cases bands do not see a profit until their third or even fourth million selling cd. Most of the rich and famous bands you see are not rich at all (unless you're a mega-star). It's all image and not like was in the sixties or seventies.

 

Less than 10% of bands recorded by a major label will sell more than 10,000 copies of their cd. Meaning they will fold. A famous musician wasv recently quoted saying "There used to be a hundred bands out there each selling a million cds. Now there are a million bands out there selling a hundred cds."

 

Knock yourselves out guys and keep stealing. Eventually all the good musicians will give it up. Many have already. Joni Mitchell, one of North America's greatest songwriters can't get a record deal because there's no room for her beside Brittany, Christina and Avril, who all sell regurgitated crap.

[Headhunter]

Well put Chris S! I have to admitt to down loading musci files, but I will also say that all of the music I have down loeaded, I have on vinyl. I don't have a method of converting analog to digital, so I down load the music I have already purchased, to add to my MP3 player.

I have never down loaded a movie, no interest...but I can most certain appreciate what you have said, and whole heartedly agree.

HH

[chukkk]

As the owner of copyrighted material that is for sale I have one comment for those who steal copyrighted material. You are thieves plain and simple. No better than someone who breaks into your home and steals your stuff. Chances are you won't get charged, but your only hurting yourselves. I see people on this message board complainging about the bailouts and white collar crimes that go unpunished. I see people on here just about jump out of their pants if someone trolls two lines or even keeps a legal fish. Yet when it comes to stealing something it's OK with you.

 

Picture it from this perspective. You pay hard earned cash to buy a guitar and then spend money to take lessons and then hone your craft for years and years until you can play. Then you join a band and you work your ass off to rehearse enough songs to play live. Then you play live for several years to get good at it (that is if some DJ playing someone else's music hasn't eliminated the live venue). Then you spend all the money you made gigging for the last 5 years to record your own original music. Then you pay to have it mastered, then your pay again to have it reproduced. Then you pay to advertise, promote and distribute your cd. You sell some (never making your money back) and then all of a sudden it's on the internet and some shmuck is downloading it for free.

 

Let's look at another perspective. After all the Bull in the first part of the last paragraph, you get recognized by a major label (BTW there are only 3 major labels left and they will fold soon as well) and they have you come in to record your songs for a cd. They front you 250K to record and another 250K in tour support. If you have a previous successful cd you would probably get more, including cash to pay for a reknowned producer. The band then sells a million records (not likely with all the thieves out there). But the record company only pays the band about 10% of the earnings (that's how record deals work). But first, out of that 10% the band must pay back the record company all that money that was fronted to them in the first place. In most cases bands do not see a profit until their third or even fourth million selling cd. Most of the rich and famous bands you see are not rich at all (unless you're a mega-star). It's all image and not like was in the sixties or seventies.

 

Less than 10% of bands recorded by a major label will sell more than 10,000 copies of their cd. Meaning they will fold. A famous musician wasv recently quoted saying "There used to be a hundred bands out there each selling a million cds. Now there are a million bands out there selling a hundred cds."

 

Knock yourselves out guys and keep stealing. Eventually all the good musicians will give it up. Many have already. Joni Mitchell, one of North America's greatest songwriters can't get a record deal because there's no room for her beside Brittany, Christina and Avril, who all sell regurgitated crap.

 

I love how musicians or musician wannabees always have an excuse as to why someone doesn't run out and buy there original music especially in Canada. The 'original" music usually is crap that is why the masses don't storm tyour door. Generally when you have to pay to make your own CD there is a message there .

Joni Mitchel is old news and I can see why she doesnt compete with the Brittany Spears , Rhianna crowd.

 

So please if you want to be a musician and famous go to American Idol and audition, that will seperate the men from the boys.

[Zebco]

That Chris guys is so famous nobody knows who he is, must be the internets fault. Whoever told ya there is only 3 music labels left must of really not liked your music. You don't ever have to worry about me downloading your stuff, cause I have no clue who you are. There are millions of wannabee musicians and they all put there stuff on the net to be found. Sorry your dreams of a Rockstar didn't come true and yopu are posting on a fishing board.

[Danubian]

As the owner of copyrighted material that is for sale

 

Chris,

Your efforts to learn playing the guitar are very pale compared to the efforts of a guy that learned to program a computer. Then, it comes into play your musical genius VS his technical genius (to create ripping tools, protection crackers, P2P software and so on). So far you're at par...

 

But anyway, I'd say that both of you do what you do out of dedication, professional vocation and [why not?] an amount of sacrifice.

 

If you're worth anything whatsoever, you'll surface anyway. Meanwhile, stop whining Chrissy and good luck fishing!

[Chris]

Yes I'm a wannabe boo hoo. But you are a THIEF. So go and show you kids how to become a Thief just like Dad. I really couldn't care less.

 

Ill be thinking about you guys this year when I troll for muskies with two rods out. Maybe keep a couple dozen bass for the freezer and throw some garbage around just for good measure.

 

So please if you want to be a musician and famous go to American Idol and audition, that will seperate the men from the boys.

 

Haha, Chuckles, that comment speaks volumes about your musical tastes, besides I think only two of America's Idols have gone on to bigger better things. That also speaks volumes about your musical tatses.

 

Whoever told ya there is only 3 music labels left must of really not liked your music.

 

It's common knowledge that there are only 3 major labels left, I guess you're the one who's misinformed.

[Stoty]

Sorry your dreams of a Rockstar didn't come true and yopu are posting on a fishing board.

 

HAAAAAAAAAAAAAAAAAAAAAHAHAHAHAHAH

[Stoty]

So go and show you kids how to become a Thief just like Dad. I really couldn't care less.

 

Oh really?

Sounds like you care enough to whine about it on a fishing board!

 

On a side note.....mmmm Carrie Underwood!

[Headhunter]

I think some of you protest too much! I guess if you can't wrap your hands around something, it has no real value? Intellectual rights have value, but it appears though, that some individules have no intellect.

HH

[capt bruce]

Just to add my cent and a half , I think its wrong to steal . But than when I see the cost of some dvds !!!! now who is stealing !! I traded tapes with all my friends in the day we didnt have internet than but we all had tape decks, never thought of it as stealing just shareing stuff with my friends . Once I BUY the record or tape etc. does it not become mine and am I not free to do what I want with My Stuff can I not share it with my friends , Am I supposed to burn all the books I read after im finished in case someone else might read them ???I think if I use your material CHRIS to make some money maybe I should pay you "MAYBE", but once I buy your material is it not now mine , to do what I like ????

[Danubian]

Yes I'm a wannabe boo hoo. But you are a THIEF. So go and show you kids how to become a Thief just like Dad. I really couldn't care less.

 

And why is he a thief, Chris?

I didn't get when he confessed that he's downloading copyrighted music for free. The man just advocated for it. (In your vision I guess then it's OK if we simply call JUNKIES the "legalize marijuana" advocates also, isn't it?)

 

Do we have a bruised ego here, Chrissy? Are your feelings hurt by the tasteless brute who didn't like your sweet little muzak?

 

Hush-hush and go hug the teddy bear...

[Chris]

Chris,

Your efforts to learn playing the guitar are very pale compared to the efforts of a guy that learned to program a computer.

 

Thank you Danubian, you offer a good comparison.

 

What if everyone had disregarded Bill Gate's copyright on MS Windows. You wouldn't be making wiseass cracks on this message board right now.

 

Meanwhile, stop whining Chrissy and good luck fishing!

 

Are we related (I hope not) that's what my relatives call me.

Edited March 6, 2009 by ChrisS

[Chris]

I think if I use your material CHRIS to make some money maybe I should pay you "MAYBE", but once I buy your material is it not now mine , to do what I like

 

You should read up on copyright laws.