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Canada Creates Cap On Liability For File Sharing Lawsuits

Posted by Unknown on from the mpaa-ground-troops-reported-in-toronto dept.

An anonymous reader writes "Over the past couple of days, there have been reports about the return of file sharing lawsuits to Canada, with fears that thousands of Canadians could be targeted. While it is possible that many will receive demand letters, Michael Geist has posted a detailed primer on liability in Canada that notes that recent changes to Canadian copyright law limit liability in non-commercial cases to a maximum of $5,000 for all infringement claims. In fact, it is likely that a court would award far less — perhaps as little as $100 — if the case went to court as even the government's FAQ on the recent copyright reform bill provided assurances that Canadians 'will not face disproportionate penalties for minor infringements of copyright by distinguishing between commercial and non-commercial infringement.'"

8 of 208 comments (clear)

  1. First global warming now this... by erroneus · · Score: 5, Insightful

    Yet another reason to consider moving to Canada...

    1. Re:First global warming now this... by DickBreath · · Score: 5, Funny

      Don't move to Canada!

      Instead, let's start importing common sense from Canada. Since it is a limited natural resource, we would have to negotiate a fair market price for it. But we need it because the natural reserves of common sense in the US seem scarce.

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      I'll see your senator, and I'll raise you two judges.
    2. Re:First global warming now this... by Vanderhoth · · Score: 5, Funny

      NO!!! It's our common scene and we're not sharing it. Start making your own Eh!

    3. Re:First global warming now this... by jameshofo · · Score: 5, Funny

      We could petition our congressmen, who will then ask the Record companies if its OK! it can't hurt to ask right?

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      Good leaders run toward problems, bad leaders hide from them.
    4. Re:First global warming now this... by MightyMartian · · Score: 5, Funny

      Relax. In a couple of generations the US will be utterly reliant on Canada for much of its grain, energy and fresh water. You can join Confederation, get proper universal health care (instead of that bizarre bastardized system known as Obamacare, something only an American government could come up with), have Prince William as head of titular head of state instead of that incredibly silly President person, an executive that can be toppled by a vote of no confidence by the legislative branch, loonie dollar coins and a more sensible approach to copyright.

      Heck, with the Westminster System, the likelihood of a third or fourth party have decent representation in the legislative branch goes up significantly.

      Oh, and we have a plucky national anthem.

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      The world's burning. Moped Jesus spotted on I50. Details at 11.
  2. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  3. Re:Reasonable Provisions? by Opportunist · · Score: 5, Insightful

    Well, DUH!

    If there's nobody to bribe politicians, they will do what gets them votes, after all, then this is their main income. They are just like any whores, they follow the money.

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    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  4. Re:Lawsuits or levies, not both by Beardo+the+Bearded · · Score: 5, Informative

    What I do is set my upload to 0. I know, I'm a dick for not seeding, but there's not much I can do.

    In terms of being sued, it's simply not worth the company's time to sue an individual now. They're limited to actual damages (which require a receipt), court costs (we have a loser-pay system here) and punitive damages (which are reasonable here). The total liability is now up to $5000 and there is no guarantee that you would see that. In terms of digital lockbreaking tools, the tools themselves are not illegal to own, and any damages for personal use are strictly limited to what they can prove. (i.e. they have a receipt; e.g. Beardo ripped Movie instead of buying a digital copy, we're out $9.99.)

    For claims less than $25k, they would be forced to go to small-claims court, which would also prevent a label from using their Uber-Lawyer team. You'd have to have the actual person who is being damaged go to court.

    Further, the ISPs here require a warrant to disclose information. They will not share IP and personal info in a civil case because they could get sued by our Privacy Commissioner. That office has some teeth; they're the guys who forced FB to change some of their regulations.

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    ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.