Defending Privacy Doesn't Pay: Canadian Court Lets Copyright Troll Off the Hook

An anonymous reader writes: A Canadian court has issued its ruling on the costs (PDF) in the Voltage — TekSavvy case, a case involving the demand for the names and address of thousands of TekSavvy subscribers by Voltage on copyright infringement grounds. Last year, the court opened the door to TekSavvy disclosing the names and addresses, but also established new safeguards against copyright trolling in Canada. The court awarded only a fraction of the costs sought by TekSavvy, which sends a warning signal to ISPs that getting involved in these cases can lead to significant costs that won't be recouped. That is a bad message for privacy. So is the likely outcome for future cases (should they arise) with subscribers left with fewer notices and information from their ISP given the costs involved and the court's decision to not compensate for those costs.

Comments

Canada is the US 51st state

[ikhider]

A vassal state really.

Re:Canada is the US 51st state

[50000BTU_barbecue]

We are worse than the US I believe, we combine the worst aspects of laissez-faire capitalism with the high taxes of a socialist state, but with the benefits of neither.

So many stories about this

[fustakrakich]

Will there every be a tipping point where the public reacts negatively enough to actually do anything about it? According to all the trends I see just the opposite will happen.

Re:So many stories about this

[Anonymous Coward]

Really I am not so sure. Look how quick Ferguson and other protests have gotten ugly. Its only a tiny step from there to storming the Bastille.

Occupy kind of fizzled, but for the most part the #blacklives matter people are the same group. I am going to a great deal of heat for this suggestion (so going A/C): I for one very much doubt there is as much racism in policing as there is class-ism. We see it racism because a for historical reasons blacks make up disproportionately the poor urban population. I don't think police pick on this population because they are black but more because they belong to an economic class that isn't likely to push back usually. They are not going to hire a lawyer and file suit against the city (they haven't the means), they don't know their rights in many cased (lack of educational opportunity) etc. Blackness in certain regions just serves as a proxy for telegraphing belonging to this class. In the 50's or 60's a black person could roll up in a nice car dressed to the nines and still expect the local constabulary to hassle them. That isn't so likely today, unless they are mistaken for a pimp.

So there is already pretty oppressive class warfare going on in this country. The angry white male sterotype comes from the same place. The behavior has to do with the perception they don't have the opportunities they once did, and about that they are correct the chance at a good life putting in 40hrs a week at the plant and retiring after 30 years are gone. The powers that be misdirect their anger at this at various racial groups and policy strawmen. That occupy happened at all though show the farce is getting thread bare in places. The shardade which has been in place since the late 70's is breaking down.

Which is in turn pushing the spying and big brother behavior. The powers are scared. A few good rabble rousers could ignite something they can't control anymore. Hence they spying on everyone and the militarization of police.

Re:So many stories about this

[fustakrakich]

Its only a tiny step from there to storming the Bastille.

Yeah, do you ever check out the replacements after that shit happens? The cycle just repeats. Next thing you know, you're marching to Russia, barefoot, in winter. I think we can do without that kind of thing.

Re:So many stories about this

[Anonymous Coward]

Canadians are a complacent bunch. They will lay down for almost anything.

Unlike Americans, who have been in armed revolt over this kind of thing for the past decade.

Re:So many stories about this

[Adambomb]

That's why they're called revolutions.
---Terry Pratchett, Night Watch

Re:So many stories about this

[ultranova]

Some countries are forced to capitulate to the Americans and their corporations out of tactical necessity. Weaklings like Mulroney and Harper *like* being vassals.

Every human being who has power is a vassal to whatever grants them that power. Mulroney and Harper are no different than US senators in that respect. In a democracy the Powers That Be are ideally interested in the wellbeing of their citizens, and instruct their vassals accordingly; but even in the most seemingly powerful dictator is merely riding the tiger, and will be cast aside and replaced - and likely devoured - if he ever gets fancy ideas about actually being in charge. Just look at what happened with Gorbachev for a good example.

Human society is a superorganism, a living thing in its own right. Human beings don't rule it. They can, at the most, hope to be sufficiently trusted agents to be allowed some freedom in how they act on its behalf. But even if you find a new political or cultural movement or something, and even if it's based on your personal convictions, once institutionalized the power rests in the movement and will wield you, not the other way around. Heck, even if you fund everything from your personal property, you're still only allowed to keep it as long as you conform to economic forces.

But that's a deal a lot of people are willing to make, either due to weakness or having some cause they consider worth the cost. But I wonder how many of them actually realized this is the trade they're making, rather than entertaining delusions about bending power to their own will rather than being its tools.

Re:Getting sued costs money

[Guspaz]

TekSavvy didn't get sued. They made the mistake of trying to protect their customers' privacy, and the court decided that they should not be compensated for the costs of doing that. They never actually objected to the subpoena for customer information, they just insisted on privacy safeguards and advanced notification of customers and ensuring accuracy of the list of people they would be forced to reveal the information of and such things.

Turns out that doing the right thing doesn't pay.

Teksavvy privacy

[phorm]

A lot of people *CHOOSE* Teksavvy because they're known to support privacy, and offer better customer service than competitors (up to a point, they're still subject to the same shitty service from the line providers). When I was in eastern Canada I chose them for those reasons as well.

Maybe it costs to take the trolls to court, but what price-tag do you put on your reputation?

Re:Teksavvy privacy

[NoKaOi]

A lot of people *CHOOSE*

Canadians get to choose? Here is Soviet USA, ISPs choose YOU!

Re:Getting sued costs money

[i_ate_god]

it might if it draws more customers to TekSavvy.

Americans have to understand that Canadians actually more than one or two ISPs to choose from in all major cities. Granted, most lease their infrastructure from the big players (Bell, Videotron, Shaw, Rogers, and I believe Cogeco), but those smaller ISPs still compete for customers.

If TekSavvy turns around and advertises the fact that they are an ISP willing to standup for their customers that would work well in their favour I'd imagine.

For everyone who didn't read the decision

[debrain]

1. TekSavvy did receive costs.

123. In sum, I am satisfied that TekSavvy has proven a total of $21,557.50 as its legal costs, administrative costs, and disbursements of abiding with the Order.

2. Those costs were not as much as demanded by TekSavvy.

129. ... Rather, no costs of the assessment will be awarded because neither party should be rewarded for its conduct: TekSavvy, without justification, has greatly exaggerated its claim, while Voltage has unreasonably sought to trivialize it based on unreliable and largely irrelevant evidence.

For details about the costs that were asked and awarded and the reasoning for such, have a look at para. 113 and following. e.g.

119. Under this heading, TekSavvy seeks to recover the sum of $81,524.12 for expenses incurred in communicating with affected and non-affected subscribers and the public; creating an online portal tool for the use of subscribers; and responding to a higher volume of inquiries and complaints ... These tasks, are ... TekSavvyâ(TM)s costs of marketing, promotion, and customer relations, which I consider to be TekSavvyâ(TM)s costs of doing business. Consequently, I disallow these costs.

Whether one thinks this is being "let off the hook" is up to the reader, and also irrelevant to the decision. This is a comprehensive, precedent-setting, non-trivial decision accounting for a multitude of legal and factual variables. I, for one, find it consistent with the tone and spirit of the prior decision, largely agreeable, in this case.

Re:Getting sued costs money

[rhazz]

+1 this. I came for the increased bandwidth and lower costs, I stay for the sense of morality. They recently increased my broadband plan pricing by about 12%; I didn't even bat an eyelash - still much cheaper than the major telcos.