If a California film production company gets its way, an Ontario Internet service provider could be handing over the identities of hundreds of customers alleged to have engaged in illegal downloading.
L.A.-based Voltage Pictures LLC has brought a motion with the Federal Court of Canada to force Chatham-based TekSavvy Solutions Inc. to disclose the names and addresses associated with about 2,000 internet protocol, or IP, addresses.
Our customers are just wondering what this really means for them. It?s a bit scary
In a lawsuit against as-yet-unnamed John and Jane Does (filed at the Federal Court in Toronto on Nov. 14), Voltage is seeking compensation under the federal Copyright Act for the unauthorized copying and distributing of its works through file sharing networks.
TekSavvy is not a party to the legal action but Voltage is asking the court to compel the independent ISP to turn over the relevant user information to help identify the alleged infringers.
The move comes within weeks of new copyright legislation coming into effect and shortly after a similar action that resulted in a judge ordering Internet providers to release subscriber names and details to NGN Prima Productions Inc.
That case involved 50 IP addresses, Postmedia?s Gillian Shaw reported.
In both cases, the production companies engaged the services of Montreal-based forensic investigation firm Canipre Inc., which used software to scan BitTorrent networks for copyrighted works and then identify the IP address of each ?seeder? or ?peer? offering the files for transfer or distribution.
During the two month period between Sept. 1 and Oct. 30, Canipre scanned BitTorrent networks searching for works belonging to Voltage, the production company said in a notice of motion dated Dec. 7.
The firm then used that information to identify transactions associated with IP addresses for customers of TekSavvy in Ontario.
?Once [Voltage] obtains the defendants? contact information from their ISPs, it will be able to name those defendants as parties to this claim,? Voltage said in its statement of claim.
TekSavvy said it will only provide customer details if required to do so by a court order.
Tina Furlan, director of press relations for the ISP, said the company received a list of more than 2,000 IP addresses. Some customers had more than one IP address associated with their account and TekSavvy has now sent out about 1,100 notices to customers informing them of the potential legal action and recommending they get legal advice.
?Our customers are just wondering what this really means for them. It?s a bit scary,? she said. ?Even customers who have not received the notice are quite concerned because they don?t know whether next month maybe they?ll be on that list.?
Concerns around disclosure of personal information aside, the penalties associated with copyright infringement are not as high as they once were.
The new law provides for a penalty from $100 to a maximum of $5,000 for all infringements related to personal-use that occurred prior to a legal action.
Under the old rules, the maximum fine was $20,000 per infringement, which remains the case for violations for commercial-use.
The Copyright Modernization Act, once known as Bill C-11, received royal assent in June and most of its provisions came into force on Nov. 7.
It provides that copyright holders can request that ISPs provide user information where there is a claim of copyright infringement.
In a blog post on the TekSavvy website, CEO Marc Gaudrault said he was ?puzzled? by Voltage?s approach.
?It seems contrary to the government?s intent with copyright reform which was to discourage file sharing lawsuits against individuals, while still protecting copyright holders? rights,? he said, adding that the government created a ?roadmap? for addressing file sharing issues, the starting point of which is a notification system to discourage infringement without immediately moving to the threat of a lawsuit or public disclosure of personal information.
?That system is not yet finalized though. In light of these factors, Voltage?s actions seem odd to us,? he said.
The motion to compel TekSavvy to disclose user details is set for Dec. 17.
Representatives from Voltage did not respond to a request for comment.
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