The final piece of the federal Copyright Modernization Act took effect on Jan. 1, requiring Internet service providers (ISPs) and website hosts to relay letters from copyright holders to customers associated with the unique Internet Protocol (IP) address where the illegal downloading is alleged to have occurred.
While such notices do not carry any immediate legal ramifications, Internet lawyer Allen Mendelsohn told CTV’s Canada AM that they do serve as “a warning” that a copyright holder has noticed illegal downloading activity at your IP address, and could decide to sue.
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The ISP or website host must also keep the notification letters for six months, should the copyright holder decide to sue. However, the ISP or website host cannot hand over your personal information unless a lawsuit is launched.
In short, It means that the notice that the copyright holders force the ISPs to send you can serve as legal notice required to sue an individual.
Edit: the is the limits set on and individual will still be a barrier; however a copyright holder could sue a group of infringers at once to make it worth while. I am not sure how this would work in the Canadian legal system and if it could be done. Sort of like a reverse class action, 1 suing many in the same court vs many suing one.
Last edited by Krovikan; 01-04-2015 at 08:17 PM.
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ok i see now thank you is this starting from 2015 on or is it for past notices too?
Most ISPs would refuse in the past to pass along a message opens a whole legal can of worms, without this legislation. The notices would be from 2015 only based on my interpretation but I'm not a legal expert so if you get one pre-2015 you may want to consult someone who is a legal expert. I've just done a lot if reading on this due to being in Information Security any changes to internet legislation interest s me.
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It limits copyright damage for each person to $5000 IIRC. So you'll get notices and they can sue you, but the damages are a lot less than before. YOu can't get bankrupted like you can with that Minnesota woman. This is only for non-commercial infringement.
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Does this affect those using a DNS to get Netflix/GameCenter/Hulu from another country at all?
I read an article yesterday that net lix will start IP blocking VPN services and actually have already done so. They will honour content rights holders, basically caving to studio pressure.
A lot of streaming/torrent sites are already down. A lot of sites I use for sports have shut down notices up. I'm sure there will be work arounds soon.
If a copyright owner was somehow able to get your IP address, then then could send your ISP a note (which would be forwarded to you). However, that seems less likely. They would need to seize the access logs from the streaming site, probably requiring court procedures, warrants, etc. Probably has happened, probably will happen again, but still a lot less likely than peer-to-peer sharing.
With peer-to-peer sharing, getting your IP address is trivial. Connect to you via the P2P protocol, download part of the file from the server at your IP, verify that the file appears to indeed violate their copyright, and send a note off to your ISP.
Are customers responsible for their own wireless security? Just curious what kind of defence you'd have if you claimed people jacked your wireless. Do they have to seize a device with a corresponding MAC address or is the IP address of your router enough?
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Are customers responsible for their own wireless security? Just curious what kind of defence you'd have if you claimed people jacked your wireless. Do they have to seize a device with a corresponding MAC address or is the IP address of your router enough?
They wouldn't have you MAC address, MAC addresses on packets are changed as the packet changes from router to router. The only way they would have your MAC is if the client software added it to the data payload for some strange reason. Your ISP would have the MAC of any device connected to the modem not behind a router; however that would be private information and your ISP should protect it as such.
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Quote:
Originally Posted by FlameOn
It limits copyright damage for each person to $5000 IIRC. So you'll get notices and they can sue you, but the damages are a lot less than before. YOu can't get bankrupted like you can with that Minnesota woman. This is only for non-commercial infringement.
That was her own fault for not accepting the RIAA $4,500 settlement. She chose to fight it in court and lost big time.
With peer-to-peer sharing, getting your IP address is trivial. Connect to you via the P2P protocol, download part of the file from the server at your IP, verify that the file appears to indeed violate their copyright, and send a note off to your ISP.
Copyright Modernization Act Now in Effect
