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Hurt Locker Studio Begins Requesting Canadian ISP's Subscriber Info

New submitter Nerdolicious writes "Ars Technica reports that Voltage Pictures, the studio behind the infamous Hurt Locker debacle, has requested subscriber information for thousands of TekSavvy customers in relation to alleged copyright infringements. In their official blog, TekSavvy clarifies the situation and provides further reassurance that they will not release any private customer information without a court order. They have also posted the legal documents containing both the official notice and list of films that are the subjects of the alleged infringements. However, several questions remain to be answered: will Canadian courts be amicable to these tactics after changes to copyright law were made specifically to prevent the predatory legal entanglement of Canadian citizens? Will the studio actually attempt to pursue the situation beyond the proliferation of threatening extortion letters? How would the already-clogged courts react to what amounts to denial-of-service attack on the judicial system?"

28 of 172 comments (clear)

  1. Fuck Hurt Locker by cormandy · · Score: 5, Insightful

    I am not a movie pirate and I have never seen this movie, but this bullshit makes me not want to see it. Fuck the Hurt Locker.

    1. Re:Fuck Hurt Locker by Bradmont · · Score: 3, Interesting

      It actually makes me want to torrent it, even though I don't torrent movies, or have any interest in watching it.

    2. Re:Fuck Hurt Locker by girlintraining · · Score: 3, Interesting

      It actually makes me want to torrent it, even though I don't torrent movies, or have any interest in watching it.

      Maybe that's the point. It's such a shitty movie the only way to get publicity for it is to say "We're suing the pants off people for this!" It makes it sound like it's valuable. Like they're wasting millions of dollars and throwing armies of lawyers at it because it's worth defending. The reality is... it's a shitty movie and there's way too much marketing research saying that people who pirate are also their most reliable customers. If you wanted to get your sales numbers up... what better way than to get your most reliable customers to say "Hey, I see smoke over there. Must be a fire, let's go check it out!"

      Never believe the reason 'they' state (the generic ominous 'they', which applies to any group with an agenda); You look at the effect. That's almost always the reason for the action taken. The few times it isn't, they stop right away and spin the hell out of it... which us laypeople refer to as a Fuck Up.

      --
      #fuckbeta #iamslashdot #dicemustdie
    3. Re:Fuck Hurt Locker by l0ungeb0y · · Score: 2, Interesting

      Not missing much - it's a pretty crapy movie over all.
      It's basic premise is based on Captain Willard's intro sequence in Apocalypse Now.

      I'd wake up and there'd be nothing. I hardly said a word to my wife, until I said "yes" to a divorce. When I was here, I wanted to be there; when I was there, all I could think of was getting back into the jungle. I'm here a week now... waiting for a mission... getting softer. Every minute I stay in this room, I get weaker, and every minute Charlie squats in the bush, he gets stronger. Each time I looked around the walls moved in a little tighter.

      But they wait till the end to show you that. So it ends up being all about this jack-off who works as a bomb squad expert defusing IEDs and what not who keeps re-enlisting for another tour because it's all he can deal with any more. He's little more than a caricature of a risk junky with a death wish.

      The plot consists of a few people dying, David Morse making a brief appearance as a gung-ho Colonel filled with bravado in homage to Duvall's Lieutenant Colonel Bill Kilgore, how relatively untrained US regulars are able to out shoot and outlive highly trained SAS in a fire fight against a few insurgents holed up in a shack and how he risk of getting blewn-up is a hellofa rush.

      And that's about it.

      Frankly I'd have liked it better if it featured a Humvee odyssee up the Highway of Death to find a Colonel Kurtz character leading a group rebel Kurds holding their own against both the US Allies the Insurgents with Kurtz' command being terminated during the goat slaughtering for a Ramadan feast.

    4. Re:Fuck Hurt Locker by AK+Marc · · Score: 2, Interesting

      You'd be giving them free publicity. The movie isn't worth watching. It's slow. It's boring. There isn't that much suspense. It's yet another war movie where an invincible person traipses through a war zone and comes out on the other side affected by what he saw. Yawn. I don't remember where I saw it, but I do remember that I did not pay to watch it, but even then, it wasn't worth the time spent to watch it.

  2. I made a mistake once by viperidaenz · · Score: 3, Funny

    I paid money to watch Hurt Locker at the movies. Two hours of my life I'll never get back.

  3. Send them the money by future+assassin · · Score: 3, Interesting

    with a letter stating that you are paying the requested amount in order to protect yourself from being sued but the Rights Holder as stated in the original notice. Then charge them with extortion.

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  4. Q&A by girlintraining · · Score: 5, Insightful

    will Canadian courts be amicable to these tactics after changes to copyright law were made specifically to prevent the predatory legal entanglement of Canadian citizens? Will the studio actually attempt to pursue the situation beyond the proliferation of threatening extortion letters? How would the already-clogged courts react to what amounts to denial-of-service attack on the judicial system?"

    The better question is: What incentive is there for the industry to stop? The United States has proved militarily, economically, and in many other ways that shock and awe are a powerful combination to ensure compliance. Not that they're the first -- the Romans did the same thing, as did many cultures before them as well. The fact is, the only thing they're losing is a tiny amount of money and they're getting huge amounts of press out of it.

    Has it ever occurred to anyone that the laws and lawyers and letters and posturing isn't meant to actually have an impact? Statistically, it can't. If right now, today, everyone who was sharing files just for today was dragged into a court action, our justice system would be busy for the next ten years clearing the backlog for just today's infractions. By itself, there's no way that any law, legal action, or technical solution, can even scratch the surface. But what if the point is publicity? A shock and awe campaign that uses lawsuits instead of bombs. The more outrageous, the more press, and the more press, the more people become fearful. Have you noticed that these press releases, actions, and articles, occur on a fairly consistent tick-tock cycle of about three months? It has been going on for years.

    This is a public relations campaign... and whenever you're asking how X will react to Y, you're playing right into it. X and Y don't matter. No, honestly, they don't: Statistically, you have a better chance of being struck by lightning than getting in trouble for file sharing. My service provider is one of those who promised to impliment the new "six strikes" policy, to much hoopla in the press. That was six months ago. Every month since then, I've downloaded an average of 960GB of pirated material, a lot of it on the "Top 100" list off The Pirate Bay. No letter. No e-mail. Not even a peep about the bandwidth being used. I'm supposed to be in that "top 1%" that they insist they're pursuing all possible legal actions against. No knocks on the door. No black helicopters. My life has continued just as it has before. And I've been doing this for over a decade. I'm not hiding behind proxies, or encrypting my traffic, or doing anything special really at all. It's all right there for anyone to look at.

    Nobody has. Even with all the automation, all the legal power, all of the everything that you've heard about... there are still hundreds of millions of people just like me worldwide. Statistics are not in their favor here guys. So the question isn't how Canada will react... the question is: How will you? Because that's the goal of all of this -- it's changing your behavior through fear and doubt. It's an appeal to your emotions -- visions of going to jail and losing everything you ever owned and loved while they parade you out in front of the media. That's the big sell.

    So... are you buying?

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:Q&A by girlintraining · · Score: 2

      Something tells me you'll never have enough time to watch/listen/play all that content, particularly if you've acquired nearly a terabyte within 6 months

      Mmmm, average 1080p HQ bluray rip: 10GB. 40 minutes of a 720p HQ TV episode: about 1.25GB. 75% of my video watching time goes to TV episodes like The Daily Show, Mythbusters, etc. The other 25% goes to movies. So the total for the 900 TB of data I pulled last month equates to about 19.8 hours a day of high quality video (the only kind I download). That said, the problem is a lot of it is automated by feeds and searches. About 10--15% of the TV episodes are later repacked as "proper" tagged, meaning that there may have been a few seconds of commercial added, or a sync or clipping issue, etc. Many of the TV episodes pulled are dups; I pick the highest quality one out of each batch. When you take it all into consideration, about 2/3rds of what I download for TV episodes is later deleted or remuxed. Movies do not have these same problems -- only about 15% of movies are discarded. So while yes, it does seem like a lot, due to the quality control problems, I'm really only getting around 5.5--6 hours of archivable video. And out of that, I probably throw another third of it away because I am doing the pirate equivalent of channel surfing -- seeing what else is out there, but usually finding it lacking. So in the end, I'm really only watching 2--3 hours of video a day. For comparison, the average person watches about 5 hours of TV a day. Average. But about a third of what they watch (if not more) is commercials. When you take that into account... my viewing habits are actually average. I just skip all the commercials, non-skippable content, etc. I watch just what I want, the way I want, where and when I want.

      That's why I'm a pirate. Simply put, it's just a better use of my time than wading through the crap-flood everyone else does; I get an extra 2.5 hours every day to spend not being a mindless consumer-droid. That's 2.5 hours I can put towards excercising, or cooking something other than TV dinners. That's time I can spend with my family playing games, or working on coding projects, or reading. Being a pirate means I get 10.4% more time in a day than someone who isn't.

      --
      #fuckbeta #iamslashdot #dicemustdie
    2. Re:Q&A by girlintraining · · Score: 2

      And for the record, I'd gladly pay a small stipend every month to skip the rigamarole of setting up filters, searches, rss feeds, and the sorting and what-not (it takes about 5, sometimes 10 minutes every few days) and wasting so much bandwidth if there was a legitimate service that met my needs. And it's not a high bar to clear; Be commercial free. Be high quality (I can wait hours or days -- just make it good, not Netflix instashit). Be complete. And be timely. So far, not a single commercial offering has managed to even hit two out of four. They're all have licensing problems and such with the studios -- Netflix can't show you something until it's been out for a month, but Redbox can. Timely? No. High quality? Everything that's out there is streaming -- and it's all universally shit. I'm patient; but I guess there's no market for people like me who actually enjoy high quality video and audio and not mrrrfffwhaaarrggrrrble audio and blotchy artifact-covered action sequences. And none of the offerings are even complete! Licensing fucks every last offering there is -- nobody has everything I want to watch. Nobody is even close... and Netflix' streaming service' collection really only contains the popular shows. Try finding, say, classic Dr. Who. Nope -- fuck you, they say, it's not worth our time and effort.

      Piracy delivers what no commercial offering can. I say this honestly: I'd pay real money if they could just get their collective heads out of their asses and play nice with each other. Piracy doesn't exist because people like to "steal", it exists because these dumb bastards are dinosaurs engaged in endless mating rituals with much ripping of grass and beating of chest, and fuck the customer man, what do they know about the market, am I right? x_x Well, speaking as a customer, I know only one thing: You don't have what I want. Goodbye.

      --
      #fuckbeta #iamslashdot #dicemustdie
  5. What's the point? by MightyMartian · · Score: 5, Insightful

    Considering the new law limits non-commercial infringement to $5,000 per person, what would be the point of pursuing non-commercial infringers? Lawyers fees just to prepare and set out the the threatening letters will likely eat up a fair chunk of that, a one day of examination will likely eat up the rest.

    Basically, the Tories, whether they intended to or not, have made pursuit of non-commercial infringers a no-win scenario. The likelihood is that every Canadian who illegally downloaded the Hurt Locker will probably not be liable for more than a few hundred bucks in damages, and if any of them pay a hundred bucks for a lawyer to write a nasty retort to the Hurt Locker's lawyers nasty letter, it's likely the Hurt Locker's lawyers will just abandon it entirely.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
    1. Re:What's the point? by MightyMartian · · Score: 3, Informative

      Indeed. If every Canadian threatened with legal action over Hurt Locker pirating were to tell the lawyers "I'll see you in court" they would go bankrupt in a hurry.

      I suppose the lawyers could try to declare commercial infringement for someone seeding the movie, but I doubt that would wash in court without some direct evidence of exchange of funds, so I think we are looking at a hard $5k limit. From what I've read, the general opinion is that the courts would likely award the "injured" party significantly less than $5k (that's the statutory maximum).

      The only way I see this really working is that the media corporations send out nasty letters saying "Pay us a couple of hundred bucks NOW!" followed by some impotent legal fluff threatening dire circumstances, and hope enough people just simply pay to make it go away. But anyone that understands the true nature of the new copyright act will realize that there is no way in hell the media companies are going to pursue people all the way to the steps of the courthouse and tens of thousands of dollars of their own expense.

      There will be no Joel Tenenbaum's in Canada.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:What's the point? by starfishsystems · · Score: 2

      If every Canadian threatened with legal action over Hurt Locker pirating were to tell the lawyers "I'll see you in court" they would go bankrupt in a hurry

      The good news in this is that Canadians already have fair confidence that the courts will safeguard them against this kind of harrassment. The FUD program was never able to gain traction here before, and it's certainly not going anywhere now.

      --
      Parity: What to do when the weekend comes.
  6. Re:$5000 Canadian by MachDelta · · Score: 5, Funny

    That would be $5,069.75 US.

    Oh and 1992 called, they want their joke back.

  7. Re:This just in , shitty movie blames piracy . by Guspaz · · Score: 2

    It's worth noting that Hurt Locker is not one of the films that Voltage Pictures is threatening to sue TekSavvy customers over. I'm not sure why nobody else has picked up on this.

  8. Hopefully judges send a message to the liars by Anonymous Coward · · Score: 4, Interesting

    When Canada was reforming it's copyright laws it got a specific commitment from the movie industry that they were not interested in mass john-doe lawsuits against consumers. The copyright law was reformed to reflect that. Maximum penalty for _all_ infringements is as much as $5K or as little as $100 and judges are instructed by the law to keep the penalty proportionate to the damages and to consider the hardship of the penalty against the defendant.

    Now here we are, the movie studio have proven themselves to be bald-faced liars and are going after consumers in mass john-doe lawsuits.

    My hope is that Canadians don't allow themselves to be bullied by these copyright trolls and each and every one of them takes the matter to court. Further, my hope, wish, and desire is that the judges that see these cases see the movie industry for the liars that they are and punish them by awarding the minimum $100 fines.

  9. Why TekSavvy? by nuckfuts · · Score: 5, Insightful

    TekSavvy is one of Canada's smallest ISP's. Large telcos like Telus are required by the CRTC to allow little guys like TekSavvy access to their copper in order to foster some competition in the industry. The big guys dislike companies like TekSavvy because they sell unlimited data plans, and they've been fighting for some time to impose surcharges based on data useage.

    When I hear that copyright enforcers are going after a little player like TekSavvy, I can't help but wonder if the larger ISP's are in collusion.

    1. Re:Why TekSavvy? by Gastropod_ca · · Score: 5, Informative

      I've been a TekSavvy customer for a few months now (they only recently came to our area). I appreciate them for introducing a little bit of competition in Canada. I also appreciate that they fight for your digital rights. The reason I switched to TekSavvy was because I watched their CEO participate in discussions on TV Ontario's "The Agenda" and CBC about digital rights and competition. When I switched from Rogers(our cable monopoly internet provider), Rogers offered me a rate that was 1/2 of what I was paying and double the bandwidth. It was even lower than TekSavvy's rates but I switched anyways. You would never get such a deal if TekSavvy didn't exist. The switch was difficult because Rogers cut the cable line rather than transfer it to TekSavvy... but I'm finally off of the mega giant known as Roger's. I'm glad TekSavvy is publicizing these legal threats, it reminds me why I switched.

    2. Re:Why TekSavvy? by asmkm22 · · Score: 2

      Smaller companies are considered easier targets, which helps to set a precedent. That could be the true goal with it. You know, a test-the-waters thing.

  10. Re:This just in , shitty movie blames piracy . by iluvcapra · · Score: 2

    You're totally entitled to your opinion.

    However, "It sucks" isn't a persuasive argument. Congratulations on the "waste of electricity" crack, you must be Really Smart, but that doesn't make your case either.

    It's almost as if people don't even want to talk about the movie, they just want to use an opinion of it to signal their peer group inclusion or something. NAH, that can't be it.

    --
    Don't blame me, I voted for Baltar.
  11. Re:This just in , shitty movie blames piracy . by Guspaz · · Score: 3, Insightful

    Well, I did not enjoy Hurt Locker, much for the same reasons as that reviewer you were mentioning earlier, and that doesn't lead me to believe I would enjoy Zero Dark Thirty, but none of that (on anybody's part) is really relevant to the topic at hand (Voltage Pictures attempting mass lawsuits in Canada).

    It's an interesting scenario. The Canadian government has indicated that it crafted our new copyright laws (which just entered into effect) specifically to discourage exactly what Voltage Pictures is attempting to do. There's also the question of if the alleged infringement would fall under the old law or the new law, since the law went into effect only a few days ago. Voltage Pictures' claims indicate they're seeking damages far in excess of what is allowable under the law, so that would seem to indicate that they're either intending to try to get damages under the old law, or that they're going to try to claim the alleged infringement was commercial rather than personal (different limits, above what Voltage Pictures is threatening, apply to commercial infringement under the new laws).

    Nobody on any side really knows what's going to happen (because Canada's new copyright law is only days old), so this really is virgin territory in every respect.

  12. Re:$5000 Canadian by Nerdfest · · Score: 2

    It doesn't really piss us off; it's just more fodder for stuff like this.

  13. Re:This just in , shitty movie blames piracy . by iluvcapra · · Score: 2

    The less people talk about Voltage Picture's movies, the less Voltage exists.

    I believe this is called the Tinkerbell Effect.

    --
    Don't blame me, I voted for Baltar.
  14. Re:This just in , shitty movie blames piracy . by r1348 · · Score: 2, Interesting

    First of all, it never questions the reasons of the war.
    From the very beginning it pushes the audience towards sympathy for the American soldier, as in displaying apparently innocuous Iraqi men detonating IEDs and so on, giving a ready justification to any psychopathic behaviour of the soldiers because "the enemy is everywhere".
    In a complete reversal of moral values than in say, horror movies, the audience is pushed to stand on the hunter side instead of the hunted, to worry about the danger that Baghdad's alleys pose for the soldiers instead of the danger that the soldiers pose for anyone else around them. Ultimately, the audience is led to identify itself with the soldier about to shoot someone out of stress induced paranoia, rather than with his victims.
    While I can understand that the director wanted to point out the state of mental stress of the soldiers in a war zone, a whole movie exclusively about that comes out as unbelievably American-centric in the eyes of the whole conflict.

    Ask yourself: do you remember the name of a single Iraqi character in the movie?

  15. Re:$5000 Canadian by tixxit · · Score: 2

    Sure. Canadians don't really pay much more than those in the US do (I would know, I just moved to the US and am now paying US income tax). However, for that little bit extra, Canadians get good health care, great public schools and substantially better social programs. For example, my wife can actually take 10 months off after having a baby and not have to worry about money.

  16. Re:$5000 Canadian by rikkards · · Score: 2

    Really? I paid 14% taxes last year and that was on $84k. For this year I think it will be in the low 20's.

    Explain that one. Our taxes are higher than the states but you need to be making a buttload to get high percentages and at that point you probably need to hire an accountant to keep track of everything.

  17. Charge them with extortion by davecb · · Score: 4, Informative

    At least one U.S. judge thinks it actually is extortion: at http://fightcopyrighttrolls.com/2012/07/04/judge-wright-is-so-right-copyright-trolling-is-essentially-an-extortion-scheme/ Judge Otis D. Wright writes:

    The Court is familiar with lawsuits like this one. AF Holdings LLC v. Does 1-1058, No. 1:12-cv-48(BAH) (D.D.C. filed January 11, 2012); Discount Video Center,Inc. v. Does 1-5041, No. C11-2694CW(PSG) (N.D. Cal. filed June 3, 2011); K-Beech,Inc. v. John Does 1-85, No. 3:11-cv-469-JAG (E.D. Va. filed July 21, 2011). These lawsuits run a common theme: plaintiff owns a copyright to a pornographic movie; plaintiff sues numerous John Does in a single action for using BitTorrent to pirate the movie; plaintiff subpoenas the ISPs to obtain the identities of these Does; if successful, plaintiff will send out demand letters to the Does; because of embarrassment, many Does will send back a nuisance-value check to the plaintiff. The cost to the plaintiff: a single filing fee, a bit of discovery, and stamps. The rewards: potentially hundreds of thousands of dollars. Rarely do these cases reach the merits. The federal courts are not cogs in a plaintiff’s copyright-enforcement business model. The Court will not idly watch
    what is essentially an extortion scheme, for a case that plaintiff has no intention of bringing to trial. By requiring Malibu to file separate lawsuits for each of the Doe Defendants, Malibu will have to expend additional resources to obtain a nuisance-value settlement — making this type of litigation less profitable. If Malibu desires to vindicate its copyright rights, it must do it the old-fashioned way and earn it.

    They've asked for $10,000 per person in punitive damages, twice what the current law allows, so they either to think the old rules apply, or they're just trying to scare people into settling out of court.

    --dave

    --
    davecb@spamcop.net
  18. Re:$5000 Canadian by SoTerrified · · Score: 2

    Why? It still gets Canadians all pissed off when you use it. Doesn't matter if its true or not, they still throw a little hissy fit ...

    Heh, are you saying that you enjoy reminding people that a CDN dollar was once around 60 cents in US money, and now a CDN dollar is worth more than a US dollar? And you think that pisses off Canadians? Man, I *LOVE* being reminded that my savings have effectively doubled compared to the average American. I *LOVE* hearing that our little country is actually doing better than the sputtering mega-economy on our southern border. So if this is your idea of pissing off Canadians, keep it coming!