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Canada Prepares For Crackdown On BitTorrent Movie Pirates

Soulskill posted about 2 years ago | from the nothing-else-to-do-until-the-NHL-stops-being-stupid dept.

Canada 292

New submitter dreamstateseven tips this Postmedia News report: "A forensic software company has collected files on a million Canadians who it says have downloaded pirated content. The company, which works for the motion picture and recording industries, says a recent court decision forcing Internet providers to release subscriber names and details is only the first step in a bid to crack down on illegal downloads. 'The door is closing. People should think twice about downloading content they know isn't proper,' said Barry Logan, managing director of Canipre, the Montreal-based forensic software company."

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Suck my pirate dick (5, Informative)

atari2600a (1892574) | about 2 years ago | (#42111951)

$100 for 10 movies, or $10 for a VPN for 100 movies?

Re:Suck my pirate dick (3, Interesting)

gagol (583737) | about 2 years ago | (#42111989)

Since Canada have provisions and special taxes to alleviate piracy's impact, good luck in court.

Re:Suck my pirate dick (2)

Trepidity (597) | about 2 years ago | (#42112141)

The taxes appear to only apply to physical media, however, and only to music. So it's legal to copy music onto a blank CD or cassette for personal use, but not to copy in other circumstances. The Copyright Board was planning to extend the tax to iPods, which would make it legal to copy for personal use onto them as well, but that was overturned [canada.com] .

No, not just physical media. (3, Informative)

DavidClarkeHR (2769805) | about 2 years ago | (#42112247)

The taxes appear to only apply to physical media, however, and only to music. So it's legal to copy music onto a blank CD or cassette for personal use, but not to copy in other circumstances. The Copyright Board was planning to extend the tax to iPods, which would make it legal to copy for personal use onto them as well, but that was overturned [canada.com] .

Yes, the taxes are on physical media, but they cover the distribution and use of all those bits and bytes. It implicitly covers computers as the medium where the music is stored prior to being transferred to a disc. Since we're looking at "reasonable doubt" territory, can a prosecutor prove beyond a reasonable doubt that the music was never intended to go onto CDs?

And while it technically does apply only to mp3s, the RCMP has stated that they're not actively pursuing individual infringement [arstechnica.com] - and they're not happy about being bullied (by US policy) into enforcing the laws against larger, for-profit organizations. So when the feds won't initiate actions, and the provinces can't be bothered to enforce it (RCMP does enforcement in many provinces and all federal enforcement) ... where do you think that is going to leave the law?

Re:Suck my pirate dick (3, Informative)

JimCanuck (2474366) | about 2 years ago | (#42112471)


Our Supreme court ruled that P2P and other user to user file sharing services of copyright material is legal.

This is a non-story.

Re:Suck my pirate dick (2)

rikkards (98006) | about 2 years ago | (#42112587)

Citation please? Serious question though as I don't recall that.

Re:Suck my pirate dick (1)

mhotchin (791085) | about 2 years ago | (#42112647)

No, they ruled that *downloading* material is legal. Uploading is still illegal.

The summary should say: (0)

Anonymous Coward | about 2 years ago | (#42112717)

"An anti-virus software vendor has provided forensics of a million Canadian users download habits to a company; Canipre, which works for the motion picture and recording industries".

They owe me at this point (3, Informative)

kawabago (551139) | about 2 years ago | (#42112195)

If the entertainment industry starts suing people then I'll start downloading stuff up to the full value of the media levy I've paid. If we all do that then suing people should drive away customers and money from the entertainment industry, the opposite of what they want.

Re:Suck my pirate dick (5, Informative)

mark-t (151149) | about 2 years ago | (#42112319)

You are mistaken.

The levy that you pay on blank media in Canada exists to compensate Canadian artists for private copying. It might alleviate the impact of piracy as side effect, but that is not the purpose of the levy.

Under C-11, however, which is now evidently law in Canada, practically all private copying of newer media forms is illegal, since for many newer media forms, copying can necessitate bypassing some forms of copy protection, which under C-11 is illegal, without exceptions for private copying (the law is even explicitly says so, in fact). Therefore, the levy applies to an activity that Canadians cannot even generally lawfully participate in, as an ever increasing amount of content is published on digital media.

This makes the levy illegal, for all practical intents and purposes. The Conservative Party of Canada has tried scrap the levy before, before they had a majority government, but they have not brought the issue up since the last Federal election.

Re:Suck my pirate dick (1)

viperidaenz (2515578) | about 2 years ago | (#42112409)

So basically now they have the power to effect change on their own given to them by the people of Canada, they've back down to the CRIA?

Re:Suck my pirate dick (5, Informative)

Mad Merlin (837387) | about 2 years ago | (#42112683)

Yes, that is the disgustingly awful part about C-11, but you missed the upside:

The goverment eventually arrived a trade-off that most Canadians would make: a tougher provision to target sites that facilitate infringement (the law already allows rights holders to do this) in return for a full cap on liability for non-commercial infringement. This applies not only to individuals (likely bringing to an end the prospect of file sharing lawsuits in Canada) but to any non-commercial entity including educational institutions and libraries (who may adopt more aggressive interpretations of the law with less risk of liability).

Emphasis mine, see http://www.michaelgeist.ca/content/view/6544/125/ [michaelgeist.ca]

Re:Suck my pirate dick (1)

Anonymous Coward | about 2 years ago | (#42112189)

Where do you put the patch?

A bit of advice for our friends to the North (5, Insightful)

PopeRatzo (965947) | about 2 years ago | (#42112547)

No matter how big you get, how healthy your economy, how great your health care and how happy your people, you will never ever be free of your servitude to multinational corporations.

If you get that through your thick bohunk skulls you'll save yourself a lot of grief later. The USA circa 1980-2012 wants you to know that the more you resist, the more it will hurt.

Your borders, your sovereignty, don't mean shit.

And for the people of Canada, you can congratulate yourselves all you want for creating a wonderful progressive paradise, but when the guys with big money say "Jump" your politicians are still going to get on their knees and start sucking. Or something.

Lucky for them bittorrent is uploading (2)

caseih (160668) | about 2 years ago | (#42111975)

Just as in the US, in Canada there's no such thing as "illegal downloading." Guess it's lucky for the copyright cartels that the most popular way to download a movie is with bittorrent which, conveniently-enough, involves uploading (making available).

In general, though, I wish the media would stop parroting the general idea that it's illegal to download copyrighted materials. It's no more illegal than bringing home a bootleg CD bought on the streets of Karachi.

Re:Lucky for them bittorrent is uploading (-1, Troll)

sexconker (1179573) | about 2 years ago | (#42112013)

Just as in the US, in Canada there's no such thing as "illegal downloading." Guess it's lucky for the copyright cartels that the most popular way to download a movie is with bittorrent which, conveniently-enough, involves uploading (making available).

In general, though, I wish the media would stop parroting the general idea that it's illegal to download copyrighted materials. It's no more illegal than bringing home a bootleg CD bought on the streets of Karachi.

You telling your computer to fetch the data you have no license to and make a copy of it (in memory or on permanent storage) is a copyright violation.
Like it or not.

Re:Lucky for them bittorrent is uploading (1)

DavidClarkeHR (2769805) | about 2 years ago | (#42112109)

You telling your computer to fetch the data you have no license to and make a copy of it (in memory or on permanent storage) is a copyright violation. Like it or not.

Wait, are you telling me that the way my DVD buffers in vram before being displayed is illegal? Because it's technically copied into vram before being displayed ...

Re:Lucky for them bittorrent is uploading (4, Informative)

viperidaenz (2515578) | about 2 years ago | (#42112427)

It was also copied to the buffer in the DVD drive and the main system memory too. That brings you up to 3 violations. There's also a screen buffer in LCD monitors, which would make it at least 4.

Re:Lucky for them bittorrent is uploading (2)

Wonko the Sane (25252) | about 2 years ago | (#42112123)

You telling your computer to fetch the data you have no license to and make a copy of it (in memory or on permanent storage) is a copyright violation.

I'm sure that's been successfully argued in court before but it doesn't matter because nobody takes those laws seriously.

The efforts of the copyright mafia to extract rent from the act of using a computer only serves to push people towards circumvention technology and degrade the respect the average person has for the law in general.

Re:Lucky for them bittorrent is uploading (2)

rtaylor (70602) | about 2 years ago | (#42112131)

Canadians pay fees on blank media which goes straight to media producers.

Downloading has already been paid for.

Re:Lucky for them bittorrent is uploading (1)

rtaylor (70602) | about 2 years ago | (#42112155)

... goes to content producers.

Uploading is a different matter.

Re:Lucky for them bittorrent is uploading (0)

Anonymous Coward | about 2 years ago | (#42112185)

inb4 someone gets nailed to the wall for playing back a downloaded movie without first burning it to disc.

Re:Lucky for them bittorrent is uploading (1)

DavidClarkeHR (2769805) | about 2 years ago | (#42112273)

Canadians pay fees on blank media which goes straight to media producers.

Downloading has already been paid for.

Only for music, specifically mp3s. It only covers media that is intended to be put on blank CDs, which is reasonably considered to be music. That's why a stack of blank CDs costs almost 3x the price of a stack of blank DVDs in Canada. But that 3x price? That buys you immunity from prosecution in regards to music downloading and distribution. At something like 10 cents a blank CD, that sounds fair.

Re:Lucky for them bittorrent is uploading (0)

Anonymous Coward | about 2 years ago | (#42112631)

Except I believe that the levy only covers making personal backups You aren't being paying to legally download music, you are paying to shift music you already legally own, so no levy is at all reasonable.

Re:Lucky for them bittorrent is uploading (-1)

Anonymous Coward | about 2 years ago | (#42112263)

It's not and you're retarded and should kill yourself.

Re:Lucky for them bittorrent is uploading (1)

fred911 (83970) | about 2 years ago | (#42112291)

Somewhere there should be a burden to prove one didn't have license. Not just the act of gathering the bits (which the media seems to miss). No pun intended.

Re:Lucky for them bittorrent is uploading (1)

DavidClarkeHR (2769805) | about 2 years ago | (#42112375)

Somewhere there should be a burden to prove one didn't have license. Not just the act of gathering the bits (which the media seems to miss). No pun intended.

That's what Canada already did (more or less), in relation to mp3 usage. You're not assumed innocent, you're assumed to have already acquired the license.

There is a tax on blank CDs, and the government assumes everyone buying blank CDs is putting pirated music on them, and so that tax goes to the music companies. So it is assumed that the record companies havn't received their cut for the use of the music, you are charged the fee to acquire the license to use the work, and given blanket immunity for possession and use.

Re:Lucky for them bittorrent is uploading (1)

viperidaenz (2515578) | about 2 years ago | (#42112457)

... says the person with AACS encryption keys in their sig

Re:Lucky for them bittorrent is uploading (1)

PopeRatzo (965947) | about 2 years ago | (#42112571)

Somewhere there should be a burden to prove one didn't have license.

OK, wise guy. You just made the list.

What, are you some kind of troublemaker or something?

Re:Lucky for them bittorrent is uploading (2)

denelson83 (841254) | about 2 years ago | (#42112517)

You telling your computer to fetch the data you have no license to and make a copy of it (in memory or on permanent storage) is a copyright violation. Like it or not.

Sorry, but I don't recognize copyright of any form.

Period.

Re:Lucky for them bittorrent is uploading (2)

mhotchin (791085) | about 2 years ago | (#42112685)

But since you don't get to set the rules, it doesn't matter if you recognize it or not. You don't have to like reality, but you might want to acknowledge it.

Re:Lucky for them bittorrent is uploading (1)

PopeRatzo (965947) | about 2 years ago | (#42112613)

You telling your computer to fetch the data you have no license to and make a copy of it (in memory or on permanent storage) is a copyright violation.

Who says I don't have a license?

So what you're saying is that the act of downloading is itself criminal? And that anything downloaded should be assumed to be a violation?

This law seems to take an extra step and just assume that any files that have come across your network connection are illegal downloads except for the ones that were downloaded from approved sources. Skipping the step where someone has to prove that you don't have a license and going right to the penalty phase.

Re:Lucky for them bittorrent is uploading (0)

Anonymous Coward | about 2 years ago | (#42112081)

It should also be noted that it is possible to download-only (be a leach). I should hope that when they obtain their records of "illegal downloaders" that they ensure that said downloaders are also providing, otherwise they are wasting a lot of people's times.

Re:Lucky for them bittorrent is uploading (2)

Nyder (754090) | about 2 years ago | (#42112097)

It should also be noted that it is possible to download-only (be a leach). I should hope that when they obtain their records of "illegal downloaders" that they ensure that said downloaders are also providing, otherwise they are wasting a lot of people's times.

Sounds like you are angry because no one seeds the torrents you want.

Re:Lucky for them bittorrent is uploading (3, Funny)

girlintraining (1395911) | about 2 years ago | (#42112157)

It's no more illegal than bringing home a bootleg CD bought on the streets of Karachi.

A crime punishable by 30 years in the electric chair under new copyright legislation.

Re:Lucky for them bittorrent is uploading (4, Funny)

jamstar7 (694492) | about 2 years ago | (#42112229)

It's no more illegal than bringing home a bootleg CD bought on the streets of Karachi.

A crime punishable by 30 years in the electric chair under new copyright legislation.

Not to mention, they stick your heirs with the electric bill.

Re:Lucky for them bittorrent is uploading (3, Funny)

girlintraining (1395911) | about 2 years ago | (#42112607)

Not to mention, they stick your heirs with the electric bill.

That assumes there's anything left I can put in my will. "To my beloved, one cracker, dry, slightly used. To my three children, whom I put up for adoption after being convicted, 12 scratch-off lottery tickets, pre-scratched, not winning. And to the recording industry, I bequeath my massive 3,000 ton collection of pig poop, collected over many years because it was the only thing that the bankrupcy judge let me keep, thinking it had now value... which is currently being sprayed on everything in the parking lot and the entrances and emergency escapes of the building you are reading this in. Lovingly yours, Me. P.S. You left your windows down."

Re:Lucky for them bittorrent is uploading (0)

Anonymous Coward | about 2 years ago | (#42112219)

Are they counting the Battlefield 3 update I just downloaded via a bittorrent-like P2P file sharing network? What about the original PAID-FOR version I got via the same method? Are they really going to take the time and effort to differentiate?

Re:Lucky for them bittorrent is uploading (1)

mark-t (151149) | about 2 years ago | (#42112495)

Only for the time being. I believe that it's just a matter of time before the laws governing copyright infringement are amended so that simply knowingly making a copy of any infringing content, regardless of the purpose of the copy, is illegal too.

Re:Lucky for them bittorrent is uploading (1)

JimCanuck (2474366) | about 2 years ago | (#42112497)


No in Canada, unlike the US, P2P, user to user downloading and sharing of files even when copyrighted is LEGAL.

What is illegal is advertising it for download, such as linking it on a website, so technically a torrent search site may be considered illegal (never tested in courts we don't have any here), but the actual users broke no laws even downloading the magnet links (which do not contain any copyrighted information) from sites such as TPB etc.

Bad Title. (0)

Anonymous Coward | about 2 years ago | (#42111979)

Title makes it sound like the Canadian Governament is going to take some serious actions against pirates.

Re:Bad Title. (0)

PopeRatzo (965947) | about 2 years ago | (#42112627)

Title makes it sound like the Canadian Governament is going to take some serious actions against pirates.

The "Canadian Government" is just the enforcement arm of the MPAA/RIAA.

And apparently, the government serves at the pleasure of the entertainment/industrial complex.

Brilliant (3, Insightful)

fredprado (2569351) | about 2 years ago | (#42111981)

So CRIA will start suing end users in the same way RIAA did in US, accomplishing probably the same results regarding piracy deterrence: none. Good idea...

Re:Brilliant (2)

The Archon V2.0 (782634) | about 2 years ago | (#42112063)

Since the CRIA is composed of the exact same companies as the RIAA, it would be shocking if they didn't use the same tactics.

No, the CRIA won't sue. (1, Troll)

DavidClarkeHR (2769805) | about 2 years ago | (#42112301)

So CRIA will start suing end users in the same way RIAA did in US, accomplishing probably the same results regarding piracy deterrence: none. Good idea...

It won't be quite the same process as in the USA. First of all, it'll likely have to go through small claims, because the burden of proof to get accepted into the superior court of justice is much, much higher. Second, the max in small claims in canada is generally around $25,000 - and you can generally only sue for money or the return of personal property, not the generally-intangible damages the RIAA sought in the USA.

No, the only people affected by this are the large-scale kim dotcom style companies that make millions off copyright infringement, and there are already a variety of laws in place that can be used to prosecute them.

Re:No, the CRIA won't sue. (1)

X.25 (255792) | about 2 years ago | (#42112643)

No, the only people affected by this are the large-scale kim dotcom style companies that make millions off copyright infringement, and there are already a variety of laws in place that can be used to prosecute them.

Wow. You guys arer really trying hard.

Maybe try substituting "kim dotcom style" with "youtube style" next time you post, eh?

People should think twice... (2)

c0lo (1497653) | about 2 years ago | (#42111991)

People should think twice about downloading content they know isn't proper

If the content is improper for viewing when pirated, how can one imagine obtaining it from a legit source would make it proper?
(in other words: what incentive do I have to move my ass in a movie theater chair or buy it on disk?)

Re:People should think twice... (0)

Anonymous Coward | about 2 years ago | (#42112171)

I agree, charge people $100 a month to download WHATEVER they want, include a pair of movie tickets, concert tickets, etc. Make it worthwhile. I already contribute to my local music scene and have been to 500+ concerts in my lifetime. I would like to see progress from the industry, stop policing everyone.

Re:People should think twice... (5, Interesting)

girlintraining (1395911) | about 2 years ago | (#42112357)

(in other words: what incentive do I have to move my ass in a movie theater chair or buy it on disk?)

Large civil fines ensure you'll always be bankrupt. Anything over $10,000 can't be discharged in the US; Not sure about Canada, but I suspect a similar limitation. Any significant assets you own will be seized. You won't be able to own a car worth more than a few grand, you'll never own a house; You'll be renting forever. Your wages will be garnished to ensure you are never able to acquire anything of value, or pay for your own health insurance (thank god you live in canada!). You will never receive another tax refund. Certain career choices will be unavailable to you, including anything in the government that requires a security clearance, work in the finance industry, or anything involving the handling of money or "crimes of trust." You may be denied a passport or visa, and will likely be unable to immigrate to any other country due to your debt (believe it or not, your credit report does matter when it comes to naturalization, just like any trouble with the law, even civil law). You will be summoned to court on a very regular basis to detail your financial situation to your debtors (the entertainment companies), and should you fail to show for any reason including being in a coma in a hospital, a bench warrant will be issued for your arrest. You will stay in jail for weeks to months until a hearing can be rescheduled. You will likely lose your job many times over the course of your life, and custody of your kids (if you have any).

So there's your incentive. Now, that said, it wouldn't be a fair analysis without telling you what your odds of being caught, prosecuted, and a judgement placed against you are. File sharing is one of the most popular and widespread online activities there is, and the legal system can only process so many cases per month. It will take many years to decades of this kind of enforcement activity before your lifetime risk of being hauled into court leave the single digit percentages.

As for me: I don't negotiate with terrorists; And terror is the weapon of choice for these people. Whether you do it with a bomb or a pen isn't relevant. They could make the penalty 30 years in the electric chair and it wouldn't change my behavior. But I'm not a normal person... normal people cave like a house of cards. It's your choice... but mine is to download, share, and annoy the hell out of them.

Re:People should think twice... (2)

fred911 (83970) | about 2 years ago | (#42112449)

" Your wages will be garnished to ensure you are never able to acquire anything of value, or pay for your own health insurance (thank god you live in canada!)."

There's no garnishment for civil judgments in many states (most of the commonwealths) in the US.

Re:People should think twice... (4, Insightful)

c0lo (1497653) | about 2 years ago | (#42112451)

(in other words: what incentive do I have to move my ass in a movie theater chair or buy it on disk?)

Large civil fines ensure you'll always be bankrupt. Anything over $10,000 can't be discharged in the US; Not sure about Canada, but I suspect a similar limitation. Any significant assets you own will be seized. You won't be able to own a car worth more than a few grand, you'll never own a house; You'll be renting forever. Your wages will be garnished to ensure you are never able to acquire anything of value, or pay for your own health insurance (thank god you live in canada!). You will never receive another tax refund. Certain career choices will be unavailable to you, including anything in the government that requires a security clearance, work in the finance industry, or anything involving the handling of money or "crimes of trust." You may be denied a passport or visa, and will likely be unable to immigrate to any other country due to your debt (believe it or not, your credit report does matter when it comes to naturalization, just like any trouble with the law, even civil law). You will be summoned to court on a very regular basis to detail your financial situation to your debtors (the entertainment companies), and should you fail to show for any reason including being in a coma in a hospital, a bench warrant will be issued for your arrest. You will stay in jail for weeks to months until a hearing can be rescheduled. You will likely lose your job many times over the course of your life, and custody of your kids (if you have any).

So there's your incentive.

No, those are disincentives. Since I've done nothing wrong, however you can't just wait to punish me, I'll tell you what I do: completely ignore your merchandise and never do any business with you.

Think twice: a significant number of others may start thinking like me.

Re:People should think twice... (1)

girlintraining (1395911) | about 2 years ago | (#42112673)

Think twice: a significant number of others may start thinking like me.

I weep for the future.

Re:People should think twice... (4, Insightful)

realityimpaired (1668397) | about 2 years ago | (#42112615)

TFA says that the statutory limit for damages for non-commercial infringement is $5000, and that they're going to go after habitual downloaders. $5000 is less than the limit for small claims court, meaning that if you decide to challenge it, they will have to take it to small claims court where "expert witnesses" won't be allowed. Just their lawyer, your lawyer, and about 15 minutes a side to make your case because there's 30 other cases on the docket that day. (yes, I have been in a Canadian small claims court).

There's well over $5000 worth of DVD's in my collection. Physical media, most of which was bought at full retail price (and in some cases, well over retail price because it was a "special edition" box set). If those idiots decide to try to sue me because I downloaded a copy of True Lies (disc was scratched and I couldn't rip it when I was digitizing my physical copy), I'll be quite amused to see what the courts say about it. The reason there's nothing new in the collection isn't that I'm downloading movies, it's because the movies that they're making these days are crap.

Status quo (0)

Anonymous Coward | about 2 years ago | (#42112017)

A million Canadians? Really?! And you say it's illegal? Oh kaaay...

Re:Status quo (1)

jamstar7 (694492) | about 2 years ago | (#42112255)

A million Canadians? Really?! And you say it's illegal? Oh kaaay...

That's what, 1 of every 30 Canadians?

Your kind are not welcome. (5, Interesting)

Zombie Ryushu (803103) | about 2 years ago | (#42112051)

I really would like to see organized resistance and civil disobedience to the Media cartels, and a campaign to paint them as the evil monsters they are.

I happen to think that RIAA, MPAA, CRIA, and BREIN are Scoundrels, of the same vein as the Westboro Baptist Church, and the Taliban, and other hate based organizations that use a religious or quasi-religious basis just like religion does to persuade people that they should be paid forever and ever and ever for a non-product, and for what really is an economically stilted scam meant to drain the poor, oppress other people, abuse children, ruin people's lives over a non-reason. Efforts should be taken by interest groups to dismantle these organizations.

Re:Your kind are not welcome. (1)

JohnnyCache1 (2771581) | about 2 years ago | (#42112115)

Dude, THIS. This is just more harassment of the poor! (Mistreating us peasants, like the drug war, conscription, having your income taxes taken off your check by your employer, etc, etc.)

Break the cartel (0)

Anonymous Coward | about 2 years ago | (#42112257)

I think the cartel has to be broken down from the bottom. That means we'll have to crowdfund creative commons stuff and avoid copyrighted stuff like the plague.

Re:Break the cartel (1)

viperidaenz (2515578) | about 2 years ago | (#42112501)

That's going to be down right impossible, since creative commons is a copyright license

Re:Your kind are not welcome. (4, Informative)

Anonymous Coward | about 2 years ago | (#42112711)

It's called the Pirate Party. Make sure yours is emdorsed/recognized by Pirate Parties International, and become a member. Donating is great, joining even better.

Obligatory (5, Insightful)

maz2331 (1104901) | about 2 years ago | (#42112089)

Your litigation campain advocates a

( ) technical ( ) legislative ( ) market-based ( ) vigilante (x) legal

approach to fighting piracy. Your idea will not work. Here is why it won't work. (One or more of the following may apply to your particular idea, and it may have other flaws which used to vary from state to state before a bad federal law was passed.)

(x) Torrent sites will change to a new protocol
(x) They don't have the money to settle or pay damages
(x) Open wi-fi access points
( ) It is defenseless against brute force attacks
(x) Litigation is not actually a deterrent to teenagers
(x) Your evidence collection methods are open to attack in court
( ) Microsoft will not put up with it
( ) The police will not put up with it
( ) Requires too much cooperation from judges
( ) Requires immediate total cooperation from everybody at once
( ) Many ISPs cannot afford to lose business
( ) Pirates don't care about invalid addresses in their lists
(x) Anyone could anonymously destroy anyone else's career or business
(x) Bad press when you sue a grandmother for what a 10 year old does

Specifically, your plan fails to account for

( ) Laws expressly prohibiting it
( ) Lack of centrally controlling authority for the net
(x) Open proxies in foreign countries
(x) Tor and darknets
(x) Asshats
(x) Jurisdictional problems
( ) Unpopularity of weird new taxes
( ) Public reluctance to accept weird new forms of money
( ) Willingness of users to install OS patches received by email
(x) Armies of worm riddled broadband-connected Windows boxes
( ) Eternal arms race involved in all filtering approaches
( ) Extreme profitability of piracy
( ) Joe jobs and/or identity theft
( ) Technically illiterate politicians
( ) Extreme stupidity on the part of people who do business you
( ) Dishonesty on the part of pirates themselves
( ) Bandwidth costs that are unaffected by client filtering

and the following philosophical objections may also apply:

( ) Ideas similar to yours are easy to come up with, yet none have ever
been shown practical
(x) Any scheme based on mass lawsuits and prosecution is unacceptable
( ) IP headers should not be the subject of legislation
( ) Blacklists suck
( ) Whitelists suck
( ) Countermeasures should not involve wire fraud or credit card fraud
( ) Countermeasures should not involve sabotage of public networks
( ) Countermeasures must work if phased in gradually
( ) Sending data should be free
(x) Why should we have to trust you and your servers?
( ) Incompatiblity with open source or open source licenses
(x) Feel-good measures do nothing to solve the problem
( ) I don't want the government reading my packets
( ) Killing them that way is not slow and painful enough

Furthermore, this is what I think about you:

( ) Sorry dude, but I don't think it would work.
(x) This is a stupid idea, and you're a stupid person for suggesting it.
( ) Nice try, assh0le! I'm going to find out where you live and burn your
house down!

Show me the sensus data. (4, Funny)

Anonymous Coward | about 2 years ago | (#42112099)

I didn't think there were that many people in Canada. Isn't it mostly populated by sheep and bears?

Re:Show me the sensus data. (-1)

Anonymous Coward | about 2 years ago | (#42112197)

Well, Canada's population is 30 million, so, assuming an average of 3 people per house, 10 million homes; so, basically, they are saying 1 in 10 households have been caught downloading illegal movies, etc.

We also pay a fee already on media for the "protection racket" so this could turn very messy politically.

Re:Show me the sensus data. (1)

realityimpaired (1668397) | about 2 years ago | (#42112463)

illegal movies

I agree, there should be a law against the crap they're putting out. Sadly, however, it's not illegal yet.

Check out the Census Data! (0, Funny)

Anonymous Coward | about 2 years ago | (#42112391)

I didn't think there were that many people in Canada. Isn't it mostly populated by sheep and bears?

Sheep and bears need entertainment too. They can only laugh at the crazy US political system for 16 months in every 4 year period.

Re:Show me the sensus data. (1)

Andrewkov (140579) | about 2 years ago | (#42112705)

Yeah, and those fuckers download A LOT, eh!

douchebags from montreal? (-1)

Anonymous Coward | about 2 years ago | (#42112101)

say it ain't so!

hope he likes sucking hollywood dick, but I guess it is far more profitable than doing anything Canadian.

Illegal activities! (5, Interesting)

Anonymous Coward | about 2 years ago | (#42112119)

Once again, we see these unlicensed "private investigators" working behind closed doors with no oversight. They make lists of "IP numbers" with zero proof that anyone ever did anything wrong. This fake detective work is completely wrong and illegal. They (the criminal shakedown scammers) should be arrested and made to pay back all the money they have stolen. And go to prison for a long time too.

Canipre's Head Office is a PO Box (4, Interesting)

Freshly Exhumed (105597) | about 2 years ago | (#42112133)

The company name rhymes with canape, but I cannot help but read it as "Can I Prey!"

Anyways, Google Street View shows that their head office appears to be a mail box in a post office that is part of a corner store at 15410 Pierrefonds Blv, Montreal, QC so I guess I won't be ordering them a few thousand pizzas.

Re:Canipre's Head Office is a PO Box (1)

cbeaudry (706335) | about 2 years ago | (#42112399)

Its not a PO box. Its a suite. However i don't know the company, but in that same building there is a sushi shop, convenience store, bakery
, bankruptcy agency AND a Thai massage parlor... With happy ending!!!

no independant confirmation: press release? (1)

davecb (6526) | about 2 years ago | (#42112589)

Every article has the same content, and links back to a post media story. I haven't been able to find a press release, and the case doesn't have a citation, so it looks like a "placed" story, to offset the limits on copyright infringement suits imposed by bill C-11.

Generally, one has to commence a suit, then go to court and ask for an order, addressed to a particular ISP, to obtain contact information for specific customers. Otherwise you need an extraordinary remedy, a so-called Norwich order (see Slaw, http://www.slaw.ca/2009/09/15/york-university-v-bell-canada-enterprises-observations-and-implications-for-future-norwich-jurisprudence/ [www.slaw.ca] )

This suggests that someone was hired to find a group of downloaders in BC, all using the same large ISP, and went after them. This could possibly work elsewhere, since the two big ISPs are Bell and Rogers, and there are enough customers of each to be consider risking the cost of filing a suit against 10 gadzillion john does, and convincing a court that you're for real. The amount you'll recover is limited, but if you amortize it over enough people, you might make a profit.

It would be better to get the contact details and then send a bill-collector after each of them, as you could probably frighten some of them into buying you off and signing a non-disclosure. That's a well-known trick in the U.S. It's not obvious if it would work in Canada.

Were I the company doing this, I'd want financial guarantees from the companies employing me, and the right to keep all the fines and not remit them to to my clients, the copyright holders. Here too, it's not obvious if a lawyer could do that in Canada...

--dave

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they know isn't proper (1)

Osgeld (1900440) | about 2 years ago | (#42112239)

what if they dont know its not proper?

tv movies are a good example, they broadcast to you for free, maybe someone thinks "hey here is Stephen Kings IT on the web, lets watch that", they are now unknowingly being a movie pirate

Re: they know isn't proper (0)

Anonymous Coward | about 2 years ago | (#42112371)

They're not a pirate at all. They're just a consumer.

Re: they know isn't proper (1)

mark-t (151149) | about 2 years ago | (#42112695)

The "I didn't know" excuse won't fly forever.

If the same person keeps passing counterfeit bills, and whenever he's caught, he keeps claiming that he didn't know... eventually there's going to be an investigation... and they might just stop believing the person.

*facepalms* (4, Insightful)

lightknight (213164) | about 2 years ago | (#42112245)

Indeed, the door is closing, on the entertainment industry employing these types. They've seen how ineffective these firms are, how they've pissed off their customers, how they've gotten nothing but bad PR, how piracy actually increased their bottom line (sans lawsuits), and generally idiotic the entire enterprise has been.

The MPAA (and friends) looks the other way, their wallet is fatter. They do not, and it's thinner. So, why would they pay money for someone to make them poorer? Dumb.

Re:*facepalms* (3, Insightful)

Anonymous Coward | about 2 years ago | (#42112525)

Yep, i've said it a million times, making your customers angry is not good business. ever.
look at companies like steam, Happy customers=$
Suing customers = your fucking your own ass.

it's not a hard concept.

Thank God for neighbors (0)

Anonymous Coward | about 2 years ago | (#42112311)

I guess I just found a positive reason for being stuck in a shitty little apartment.....Plenty of neighbors with WEP routers or even better, just plain OPEN access points....

Re:Thank God for neighbors (1)

viperidaenz (2515578) | about 2 years ago | (#42112531)

They'll just sue everyone who is range of the open access point.

Ban open APs (1)

murder_face (2574275) | about 2 years ago | (#42112323)

How long until it is illegal to have an open AP?

Re:Ban open APs (1)

mark-t (151149) | about 2 years ago | (#42112677)

Probably won't be... but one might risk assuming liability for the activities on your open AP, unless you have explicit authorization from your provider to further distribute the service that they are providing you with.

Will the media industry ever learn? (2)

fivethreeo (1421165) | about 2 years ago | (#42112335)

I would like to pay a fair pirice for good content, and not pay a dime for the terrible content. Also not be forced to use a myriad of players/accounts. Deliver it in mkv/mp4 using a common service where I can pay for the exact tv-shows and movies I want. Make it easier to get it the way I want it legally than pirating it and I won't bother to torrent anything. Make this the only way to get the tv-shows so if people start pirating their favourite content it will bite them by that content going away.

How is this legal for them? (1)

euxneks (516538) | about 2 years ago | (#42112339)

How is this legal for them to pursue litigation for something I can get freely from legitimate sources? My local public library has all the same movies on BluRay I can get from TPB. I can watch all the same TV shows (more, in fact) online, streaming, from legitimate sources for free as well...

Ripping programs. (1)

MouseTheLuckyDog (2752443) | about 2 years ago | (#42112597)

So why not download free ripping programs and just borrow and rip?

Worst is that you have to fight DRM so you may need professional ripping software. Why not download that and use it?
Who is going to sue you for downloading ripping software?

Re:How is this legal for them? (1)

mark-t (151149) | about 2 years ago | (#42112649)

The content you get from your library or that is put online by networks does not infringe on copyright. In all but extremely specific examples, however, any of the same content that you'd be able to download via pirate bay is infringing. Good luck trying to argue that you didn't realize that.

Senior citizen Canadian, me. (2)

balise (82851) | about 2 years ago | (#42112393)

At one time Canada used to be a good place.

Re:Senior citizen Canadian, me. (0)

Anonymous Coward | about 2 years ago | (#42112755)

BAHAHAHAHAH, not in my memory
 
/25 year old canadian

Ok, enoughs enough... (5, Interesting)

Charliemopps (1157495) | about 2 years ago | (#42112395)

Someone with access to MaxMind or something similar look up the IP blocks owned by this "Canipre" company and post them here. Then everyone can start hosting torrents with a spoofed return IP that's in their range. Once they start pulling down their own IP ranges maybe they'll figure out just how fucking stupid this idea is.

How do they have so much (0)

Anonymous Coward | about 2 years ago | (#42112419)

It seems the only loss from piracy is the money spent on lawyers defending their current market position. I find it odd how they claim they lose so much money, but have infinite cash to burn on lawsuits.

If they can afford to battle the world they can afford the loss from Joe Downloader.

Canadian Tax (0)

Anonymous Coward | about 2 years ago | (#42112481)

Didn't the Canadian government put a tax on media (blank CDs etc) to compensate for piracy? You can't have your cake and eat it too.

Re:Canadian Tax (0)

mark-t (151149) | about 2 years ago | (#42112583)

No. This is a very common misunderstanding. The levy existed to compensate for private copying, not piracy.

It's quite the stretch, however, to think that something one puts into their shared documents folder for other people to download, is genuinely only for one's own private purposes.

Not that it matters... private copying rights have been blasted to hell by C-11. The private copying levy will probably disappear soon enough.

following mpaa/riaa's model (0)

Anonymous Coward | about 2 years ago | (#42112491)

what brings justice first is money, the public accepts this and the defendant don't have the funds and so the business model in use by the mpaa/riaa is forcing settlement

Since we have the recordable media levy in Canada (1)

future assassin (639396) | about 2 years ago | (#42112529)

which applies to making private copies for your own use of sound recordings of musical works we need a new file type that only plays the audio of the file but needs a password to unlock the video. This way all Canadians can still download the move and listen to is as an audio book but if if they are brave enough get the pass code to unlock the video. Or better yet a video player that fetches the pass code real time whenever you play the file.

Re:Since we have the recordable media levy in Cana (1, Interesting)

mark-t (151149) | about 2 years ago | (#42112557)

You may want to review bill C-11... which became law just this fall. Specifically, note that the prohibitions on copy protection circumvention extend even to the point of preventing personal and private use.

Oddly enough, bill C-11 makes the levy illegal, since it is charging Canadians for something that they cannot generally lawfully do.

So what if it's already circumvented? (0)

Anonymous Coward | about 2 years ago | (#42112723)

It seems like a catch 22 for them...I wouldn't download a copy that was copy protected so I couldn't play it, therefore the copy protection had to be circumvented by someone else prior to my downloading said file...go after them if that's the charge they want to pursue...good luck with that...

So when will be see the first (2)

future assassin (639396) | about 2 years ago | (#42112543)

wave the the extortion letters? Pay us $3000 or go to jail. I'll keep on downloading. If they bankrupt me I'll give be a incentive to grow weed and make my money that way. I can live comfortably with 4 1000W lights running.

1 million? (0)

Anonymous Coward | about 2 years ago | (#42112591)

There are likely less than 10 million households in Canada, therefore less than 10 million identifiable personal IPs. Something doesn't add up, unless they're assuming all members of each household guilty.

Website hosted in other country. (0)

Anonymous Coward | about 2 years ago | (#42112675)

Canadian Company, Hosts website in the US.

GG guys.

A waste (2)

cheekyjohnson (1873388) | about 2 years ago | (#42112693)

What the hell are they wasting people's tax dollars (through the courts) on? What the hell are they suing people over? Copying data? What a good use of time, money, and resources! Thank you for tackling this national security emergency!

So, Give me Options. (4, Insightful)

rueger (210566) | about 2 years ago | (#42112747)

Why this really pisses me off: just bought a new Sony Blu-Ray player, and especially chose one with WIFI and NetFlix built in.

I now discover that because I'm in Canada I can only choose from one quarter of the movies and shows available in the US. [blogspot.ca]

The total number of entries for Canada is currently 2687 movies/shows . The total number of entries for USA is currently 10407 movies/shows. Same price, one quarter the movies.

When I can get the same choice, at the same price, I'll be more than happy to pay my $8 a month. Until then the media corps can suck eggs.
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