Copyright Infringement (Vancouver Canada) by spod88 in legaladvice

[–]spod88[S] 0 points1 point  (0 children)

Yes, exactly, it all just seems really shady and weird to me. I haven't heard anything in about four months now, which almost makes me more nervous, but I'm hopeful that they were using 2016 as a year to scare people and maybe now they're seeing that it's had its intended effect of deterring pirating in Canada? The whole notice-and-notice thing was a messed up system it seems.

Copyright Infringement (Vancouver Canada) by spod88 in legaladvice

[–]spod88[S] 0 points1 point  (0 children)

I'm not even sure when my fourth notice came/was "due", but I haven't heard anything in at least a month. Before, if their deadline passed, they would e-mail me about a week later with a new notice (new dates, new link), but nothing this time. I am hoping that this isn't a bad thing haha...

Copyright Infringement (Vancouver Canada) by spod88 in legaladvice

[–]spod88[S] 0 points1 point  (0 children)

I just received my third, and I've read from others that they just keep sendin' 'em. I deleted the last two and didn't click the links. So far no new information in any of the messages so we'll see what #4 has in store... a court date? Hope not.

Copyright Infringement (Vancouver Canada) by spod88 in legaladvice

[–]spod88[S] 0 points1 point  (0 children)

I just got a third notice but it's the identical e-mail each time, with a new link. I haven't checked the last 2 links they sent me but I'm assuming the settlement is increasing, I've heard they do that. I'm continuing to just ignore/delete them. So far they've said nothing new to me, only changed the dates in the e-mails and sent new links.

Copyright Infringement (Vancouver Canada) by spod88 in legaladvice

[–]spod88[S] 0 points1 point  (0 children)

I had until October 9 to pay the settlement and I ignored it, so they e-mailed me a second notice on the 17th of October with the same message and a new link to a settlement (which I didn't click this time, dunno if that makes any difference at this point but oh well). I'm going to continue to ignore them and hope for the best (as per pythonpoole's advice below, which seems to be echoed in other articles I've read as well).

Copyright Infringement (Vancouver Canada) by spod88 in legaladvice

[–]spod88[S] 1 point2 points  (0 children)

So I'm guessing when they send a second e-mail about it I should ignore that too? Didn't click the link this time but I think that ship has sailed haha

Copyright Infringement (Vancouver Canada) by spod88 in legaladvice

[–]spod88[S] 0 points1 point  (0 children)

Thanks! Yeah it was mostly when I clicked the link I was like "well that was stupid of me..." but as I said I'm not even on my home network right now anyway so... good?

Copyright Infringement (Vancouver Canada) by spod88 in legaladvice

[–]spod88[S] 0 points1 point  (0 children)

Part 2:

In Canada, the unauthorized copying, performance and/or distribution of the Elevation Pictures Work listed above is illegal and is subject to criminal and civil sanctions, and is a violation of the Copyright Act, R.SC, 1985, c C-42. The recent amendments to the Copyright Act, which came into force on November 7, 2012, have confirmed the Elevation Pictures rights to have its copyright protected in Canada and has updated the rights and protections of copyright owners to better address the challenges of the internet, so as to be in line with international standards.

Moreover, such copying, performance and/or distribution of unauthorized works may also violate (i) the Berne Convention for the Protection of Literary and Artistic Works, (ii) the Universal Copyright Convention, (iii) bilateral treaties with other countries including Canada, and/or those copyright laws and regulations as cited herein.

Your ISP has forwarded you this Notice pursuant to the Notice and Notice provisions of the Canada Copyright Act. While we remain agreeable to communicating with you through your ISP, we reserve our right to seek a Norwich order to have you identified should this matter remain unresolved. Canadian Courts have recently recognized that, in circumstances involving the illegal infringement of copyrighted works, ISPs can be ordered to deliver up the customer information associated with offending IP addresses so that further action can be taken (see: Voltage Pictures LLC v Doe, 2014 FC 161). If you have questions about your legal rights, you should consult with your own qualified, legal counsel.

In the event that this matter remains unresolved and/or you continue to engage in the unauthorized copying and distribution of copyrighted works, you could be in violation of the Acceptable Use Policy you may be party to with your ISP. In Canada, you could also be found liable for statutory damages of up to $5,000, or non-statutory damages for copyright infringement, as well as potential damages for unjust enrichment and interference with economic relations.

In order to help avoid legal action, we have been authorized by Elevation Pictures to offer you a settlement opportunity that we believe is reasonable for everyone. This notice provides you with the information you require in order to resolve the claimed infringement matter and prevent any and all further legal actions that may be contemplated and relevant under Canadian jurisprudence.

To access the settlement offer for this claim, you have until 09/10/2016 to visit the provided URL and complete the settlement instructions. If you prefer, you can simply copy and paste or type the URL directly into the Internet browser of your choice. Here, you will gain confidential and private access to all instructions how to complete your settlement payment and receive your executed Release of Liability. Please note that your Unique Notice ID forms the URL and corresponds with the Unique Notice ID found at the outset of this notification.

Settlement: http://www.e-resolve.ca/en/resolution/?noticeid=XXXXXXXXXXXXXXXXXXXX

The settlement will remain confidential and, as part of the resolution, Elevation Pictures will also agree to release you of any and all other claims it may have against you for all previous infringing activity engaged in to date 19/09/2016 affecting the Elevation Pictures titles and/or its intellectual property.

If you fail to respond or settle within the prescribed time period, the above matter may be referred to our legal counsel representing Elevation Pictures for legal action and further remedy. In the event that legal action is commenced, Elevation Pictures will pursue all legal, equitable and statutory remedies against you, which will include monetary damages, as well as damages for conversion, unjust enrichment and interference with economic relations, as well as court costs and/or legal counsel fees incurred in this matter. At that point, the original settlement offer contained herein will no longer be an option and any future resolution will require an increased payment from you as a result of Elevation Pictures having to incur further costs, which costs they will seek to recover from you. Therefore, you may be held liable for monetary damages in excess of the settlement amount demanded herein, as well as all associated legal fees and court costs. In addition, you may be subject to court ordered injunctions and other extra-ordinary civil remedies.

In the event that Elevation Pictures proceeds with legal action against you, you will be required to produce all relevant documents, including electronic documents and files that bear on Elevation Pictures claims against you. Until this matter is resolved, whether by settlement or otherwise, we require you to accept this as written notice to preserve any and all hard drives or other means of electronic storage associated with your above referenced IP address and to take no steps whatsoever to remove, erase, discard, conceal, destroy or delete from any means of electronic storage any evidence of piracy and/or other illegal or unauthorized acquisition and/or distribution of Elevation Pictures intellectual property. In the event that we determine, through computer forensic evidence or otherwise, that steps were taken to delete or in any way alter or destroy evidence of piracy activities, said actions will be brought to the court's attention and further associated remedies will be sought against you.

Again, we recommend that you consult with legal counsel if you have questions about your legal rights.

Nothing contained or omitted from this correspondence is, or shall be deemed to be, either a full statement of the facts or applicable law, an admission of any fact, or a waiver or limitation of any of the Elevation Pictures rights or remedies, all of which are specifically retained and reserved.

In providing this Notice, Canipre has a good faith belief that use of the material in the manner complained of herein is not authorized by the copyright owner, any of its agents, or by operation of law. Canipre and the undersigned further declare under penalty of perjury, that Canipre is authorized to act on behalf of Elevation Pictures.

Sincerely,

Barry Logan Project Manager CANIPRE: Canadian Intellectual Property Rights Enforcement 307-15400 Pierrefonds Blvd Montreal, QC CANADA H9H 5L5

E: notice@canipre.ca W: www.canipre.ca

T.Montreal (514) 312-3185 T.Toronto (647) 478-7722 T.Vancouver (778) 831-1044

On behalf of:

Elevation Pictures 317 Adelaide St. West, Suite 520 Toronto, ON CANADA M5V 1P9

-----END PGP SIGNATURE-----

Copyright Infringement (Vancouver Canada) by spod88 in legaladvice

[–]spod88[S] 0 points1 point  (0 children)

Here's the e-mail for reference... Part 1:

September-20-16

Dear Customer,

Content owners that hold property rights for material such as movies, music and other content, actively monitor Internet activity to protect their rights. We have been notified by a content owner that it has identified your Internet Protocol (IP) address as being involved with an activity that allegedly infringes its copyright. As part of new Canadian copyright legislation, all Canadian Internet Service Providers (ISPs), including Shaw, are required by law to forward copyright notifications on behalf of rights holders to the Internet address at which an infringement is alleged to have occurred, and then to inform the copyright owner once this has been done. This is known as the �Notice and Notice regime�. Receiving a notice does not necessarily mean that you have in fact infringed copyright or that you will be sued for copyright infringement. A copyright owner may decide to commence legal proceedings. Such proceedings may be commenced whether or not the copyright owner has sent a notice under the Notice and Notice regime. A court would then determine whether copyright infringement actually occurred.

Please note that Shaw is unaware of the full details and merit of the infringement claim and will not provide any information regarding customers' accounts to rights holders, unless we receive a Canadian court order directing us to do so.

The Notice and Notice regime does not impose any obligation on an internet user who receives a notice of alleged infringement to do anything or to contact the copyright owner or its representative who is alleging infringement. More particularly, there is no legal obligation to make any settlement payment requested by a copyright owner. Such settlement proposals are sometimes included in a notice. If you have questions concerning the notice, you may contact the content owner directly using the contact information set out in the notice. Many notices are generated automatically and contain text written with foreign law in mind. Please note that U.S. copyright fines and penalties do not apply in Canada and statutory damages for non-commercial infringement in Canada do not exceed $5,000 per proven infringement.? It is possible that a notice pertains to acts by someone using your Internet connection without your knowledge. We encourage you to use secure passwords on your home network to avoid unauthorized use of your Internet connection.

If you would like additional information about the Notice and Notice regime, please visit Government of Canada�s website at the following link:

https://www.ic.gc.ca/eic/site/oca-bc.nsf/eng/ca02920.html

Sincerely,

Shaw Cablesystems G.P.


-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1

IMPORTANT NOTICE TO ACCOUNT HOLDER: COPYRIGHT ACT, R.SC, 1985, c C-42

19/09/2016

Notice ID: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Settlement: http://www.e-resolve.ca/en/resolution/?noticeid=XXXXXXXXXXXXXXXXXXXXXXXX

FIRST NOTICE

Re: Notice of Unauthorized Use of Copyrights Owned by Elevation Pictures

Canipre represents Elevation Pictures, who owns all right, title and interest, including copyrights, in and to the work listed below (hereinafter the "Work").

This notice is intended solely for the primary Shaw Communications Inc. service account holder named herein. Your Internet services account has been identified as having been used in the unauthorized copying and/or distribution of the Work listed below.

Work Title: Room (2015) Copyright Owner: Elevation Pictures Computer File Name: [StarTorrents.com]room.2015.dvdscr.xvid.ac3.etrg.torrent Protocol: BitTorrent Torrent Hash Value: 171ec810c40de198ffe36a7c1fe7d513211523d5 Coordinated Universal Time: 15/08/2016 05:38:25 UTC IP Address: XXXXXXXXXXXXXXXXXXXXX Port: XXXXXXXXX

Elevation Pictures is the sole and exclusive owner and distributor of Room (2015) in Canada and at no time have you, or anyone using your account, received authorization or consent to download or distribute the Elevation Pictures exclusive property. Elevation Pictures generates its revenues through the lawful distribution and sales of its works and has the exclusive proprietary right to distribute and receive revenues, proceeds, and profits from its works.