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Canada The Internet Your Rights Online

Canadian Copyright Notice-and-Notice System: Citing False Legal information 172

An anonymous reader writes Canada's new copyright notice-and-notice system has been in place for less than a week, but rights holders are already exploiting a loophole to send demands for payment citing false legal information. Earlier this week, a Canadian ISP forwarded to Michael Geist a sample notice it received from Rightscorp on behalf of BMG. The notice falsely warns that the recipient could be liable for up to $150,000 per infringement when the reality is that Canadian law caps liability for non-commercial infringement at $5,000 for all infringements. The notice also warns that the user's Internet service could be suspended, yet there is no such provision under Canadian law. In a nutshell, Rightscorp and BMG are using the notice-and-notice system to require ISPs to send threats and misstatements of Canadian law in an effort to extract payments based on unproven infringement allegations.
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Canadian Copyright Notice-and-Notice System: Citing False Legal information

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  • why do people keep saying "notice and notice"? it sounds like it's just "notice".

  • The notice falsely warns that the recipient could be liable for up to $150,000 per infringement... The notice also that the user's internet service could be suspended.

    Really? If those enticements fail to grab my attention, is Christmas on thin ice as well?

  • It may not be a lie. (Score:4, Informative)

    by BitterOak ( 537666 ) on Thursday January 08, 2015 @09:04PM (#48770761)
    While Canadian law does indeed cap infringement awards at $5000, there's no reason the rights holders can't sue in U.S. courts where there is no such limit. Once the ISP reveals the identity, which they are required to do under Canadian law, nothing limits what the rights holder can do with that information. Canadian courts may not comply with judgements of U.S. courts, but if the defendant has any assets in the U.S. or travels there, they could be at risk.
    • by gl4ss ( 559668 )

      they're using canadian law in order to send those notices.
      so they're agreeing to act under that law - or face other potential consequences for not acting in good faith etc.

      of course, you can never trust the bastards. then there's double jeopardy and what have you - not that it would stop the bastards from trying.

      if you murder someone in, say, Finland, sure I victims family can sue you in USA civil court but that does go against internationally established practices(damages and such to affected would be hand

  • and for good reason; because it puts them under PERSONAL LIABILITY: FRAUD.

    Call it like it is, folks, deliberately misrepresenting the Law for gain is FRAUD.

    • by ihtoit ( 3393327 ) on Thursday January 08, 2015 @10:32PM (#48771375)

      oh, before you say it isn't fraud in this case, try reading up on Canadian law:

      Section 380(1) of the Criminal Code of Canada provides the general definition for fraud in Canada:

      380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

      (a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
      (b) is guilty
      (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
      (ii) of an offence punishable on summary conviction,
      where the value of the subject-matter of the offence does not exceed five thousand dollars.

      In addition to the penalties outlined above, the court can also issue a prohibition order under s. 380.2 (preventing a person from "seeking, obtaining or continuing any employment, or becoming or being a volunteer in any capacity, that involves having authority over the real property, money or valuable security of another person"). It can also make a restitution order under s. 380.3.

      The Canadian courts have held that the offence consists of two distinct elements:

      A prohibited act of deceit, falsehood or other fraudulent means. In the absence of deceit or falsehood, the courts will look objectively for a "dishonest act"; and
      The deprivation must be caused by the prohibited act, and deprivation must relate to property, money, valuable security, or any service
      .
      The Supreme Court of Canada has held that deprivation is satisfied on proof of detriment, prejudice or risk of prejudice; it is not essential that there be actual loss. Deprivation of confidential information, in the nature of a trade secret or copyrighted material that has commercial value, has also been held to fall within the scope of the offence.

      • by Mashiki ( 184564 )

        The case law on this stuff is a mile long in terms of fraud here. If they're looking to be criminally charged, they're going about it the right way.

  • Just send the notice back and wait until they correct the mistakes on it.

  • by ikhider ( 2837593 ) on Friday January 09, 2015 @12:56AM (#48772143)
    The real issue is that the ISP's are monitoring your network traffic at all. Does anyone not take issue with the fact that the providers know what websites you visit, what you download and what files you share with friends, family, and neighbors. That is the bigger issue. Without a warrant, these companies are pretty much watching and reporting everything you do, even on personal time. That in itself is significant. Sharing movies or music is incidental. These companies also know your personal details, religious/philosophical/political affiliations, your family, sexual preferences and so on. This is dangerous for a company to use and unquestioningly hand over to anyone without a warrant. Since when is it more important if I lend a friend a DVD more important than my privacy? There is a case to be made for running tor relays, advocating for user privacy, corporate accountability (and to keep their seemingly limitless powers in check) as well as government powers in check. This movie/mp3 stuff is beside the point. For those of you with computers in your bedrooms or homes, you now have confirmation that you are not alone and someone is watching and reporting everything you do.
    • Re: (Score:3, Informative)

      by qzzpjs ( 1224510 )

      The ISP's are not monitoring us here in the case of this law. The copyright holders are obtaining IP addresses from Torrent sites, etc like they do in the U.S.. They then create the letters and tell the ISP to forward them to the customers at those IP addresses. The ISP cannot provide any customer detail to the copyright owner due to Canadian privacy laws unless instructed to by a court order. Even the police and RCMP are still fighting to get access to simple customer information without warrants.

      That

  • by Kernel Kurtz ( 182424 ) on Friday January 09, 2015 @01:42AM (#48772335)
    This unauthorized copying and/or distribution constitutes copyright infringement under the U.S. Copyright Act. Pursuant to 17 U.S.C. 512(c), this letter serves as actual notice of infringement.

    WTF would Canadians care about 17 U.S.C. 512(c)?

    If they can't afford Canadian legal staff to even write their letters they will likely not have much success in Canadian courts anytime soon either.
  • by theshowmecanuck ( 703852 ) on Friday January 09, 2015 @04:08AM (#48772815) Journal
    Even if you have to hold your nose, Vote NDP next time. At least the leader has half a brain more than no brain Trudeau. I'd normally vote Conservative (they use to be like Democrats in the US). But I can't do it now. Too many reasons to count why.
    • by Piata ( 927858 )
      Harper has set Canada back 10 years. It seems like every month there's a new lawsuit against the Conservative party. I'll vote for NDP or Liberal if it means getting Harper out of power and Canada back to being Canadian.

Understanding is always the understanding of a smaller problem in relation to a bigger problem. -- P.D. Ouspensky

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