[Advisors] Fwd: New Canadian Copyright Laws

Kevin Battersby kevin at battersby.net
Thu Jan 22 22:51:13 PST 2015


Hello David,

Thank-you for forwarding this summary of the new obligations. Offensive as these 
are there is action needed. I've noted a definite change in the notices 
received via Telus. They are now sending out duplicate emails tagged 
with "Notice of Copyright Incident".

Now it's off to serve notice to some Intenet users unlucky enough to have gained 
the attention of big entertainment.

On January 21, 2015, David Murdoch wrote:
> ---------- Forwarded message ----------
> From: Executive Director <execdir at ncf.ca>
> Date: 20 January 2015 at 18:08
> Subject: New Canadian Copyright Laws
> To: NCF Members <members at ncf.ca>
>
>
> Dear Member:
>
> On January 2, 2015 important new copyright rules came into force in
> Canada.  These changes have imposed new legal and process requirements on
> all ISPs, including National Capital FreeNet, and have important
> implications for our members:
>
> 1. Unauthorized downloading of copyrighted material (e.g., movies, TV
> shows, music) can result in damages payable from $100 to $5,000 for
> non-commercial infringements.
>
> 2. ISPs must forward infringement claim notices received from copyright
> owners to the user of the IP address implicated in the download.  Failure
> to do so can result in damages payable from $5,000 to $10,000.
>
> Internet downloading activity (e.g., BitTorrent) is continuously monitored
> by copyright owners (such as movie studios) or their agents to detect
> copyright infringements.
>
> When a suspected copyright infringement is detected, the copyright owner
> sends an infringement claim notification to the ISP that owns the IP
> address implicated in the download (e.g., NCF).
>
> Under the new copyright laws, NCF is required to determine the owner of the
> account who used this IP address at the time of the alleged infringement
> and then forward the infringement notification on to the owner of the
> account.
>
> We are also required to keep these notifications on file in case the
> copyright owner elects to prosecute at a later date.  We do not disclose
> the identity or personal information of the member without a court order,
> however.
>
> NCF cannot comment on the validity of any infringement claim – this can
> only be determined by a court of law.
>
> If you receive a notice and require further clarification, you may wish to
> contact the copyright owner as indicated in the notice.  Please be aware,
> however, that doing so will reveal your identity.
>
> If you suspect that unauthorized persons have used your wi-fi network to
> download copyrighted material, you should change your wi-fi password.
>
> Details of the new laws can be found at
> http://balancedcopyright.gc.ca/eic/site/crp-prda.nsf/eng/h_rp01157.html.
>
>
> Sincerely,
> Nick Ouzas,
> Executive Director

-- 
Regards,
Kevin Battersby <kevin at battersby.net>
250-514-2063 Direct


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