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Question about canada. (yes involves downloading/uploading)
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Senior Member
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17. September 2006 @ 17:01 _ Link to this message    Send private message to this user   
Well I was wondering, have thier actually been anycases where a canadain person has been sued for p2p/bittorent? I have only heard of american people being sued. Could someone give me some insight.

~dude845
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Senior Member
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17. September 2006 @ 22:40 _ Link to this message    Send private message to this user   
Hi,

I read that file sharing is legal in canada.



Yours Truly; Rav
BitTorrent Safety Guide: http://forums.afterdawn.com/thread_view.cfm/395674
Free Security Software: http://forums.afterdawn.com/thread_view.cfm/292257
The cleverest of all, in my opinion, is the man who calls himself a fool at least once a month. - Fyodor Dostoevsky
Morphy666
Newbie
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18. September 2006 @ 09:39 _ Link to this message    Send private message to this user   
Filesharing is currently total legal in Canada. You cannot be sued by RIAA/MPAA et al.

There are no laws on the horizon either to make filesharing illegal. Enjoy while you can :)
Senior Member
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18. September 2006 @ 14:32 _ Link to this message    Send private message to this user   
so rogers cant sue me or n e thing for uploading???


Senior Member
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19. September 2006 @ 03:37 _ Link to this message    Send private message to this user   
If file sharing is legal in canada, no, they can't.

Yours Truly; Rav
BitTorrent Safety Guide: http://forums.afterdawn.com/thread_view.cfm/395674
Free Security Software: http://forums.afterdawn.com/thread_view.cfm/292257
The cleverest of all, in my opinion, is the man who calls himself a fool at least once a month. - Fyodor Dostoevsky
mackdl
Senior Member
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20. September 2006 @ 09:29 _ Link to this message    Send private message to this user   
One may not be aware......


http://torrentfreak.com/canadian-isp-is-...orrent-traffic/



This is Shaw's Bandwidth Cap:


Q: Does Shaw enforce a transfer cap? (#7011)
A: High-Speed Internet Lite transfer limit 10 GB/month
High-Speed Internet transfer limit 60 GB/month
Xtreme-I High-Speed Internet Data transfer limit 100 GB/month

If you exceed limits:

First warning is usually sent via email where they ask you to contact them to personally go over the AUP with you to ensure you understand the rules that you are breaking,.

Second warning usually results in a telephone call and sometimes even a 7 day suspension of service.

Third warning can result in termination of your internet connection.

Even for the first warning, if you don't answer their email they will disactivate your internet connection until you contact them to "get your attention"



Do they enforce?.........Yes. I know of people who have got such phone calls.
Senior Member
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20. September 2006 @ 09:51 _ Link to this message    Send private message to this user   
@mackdl,

What has that got to do with anything??

This thread is to do with file sharing (BT) in Canada, and your post is one telling us that a canadian ISP caps BT d/l's...

They are likely to do that due to the fact that BT consumes a huge amount of there band width, they may be sued for exceeding there cap, but thats different, this topic was on the discussion of whether dude845 here can be sued for BT d/l's by companys like RIAA & MPAA.

Also, if they are capping BT traffic, use protocol & message stream encryption :-)

Read the third link in my sig.

No worrys, a simple mistake, I understand...

Yours Truly; Rav
BitTorrent Safety Guide: http://forums.afterdawn.com/thread_view.cfm/395674
Free Security Software: http://forums.afterdawn.com/thread_view.cfm/292257
The cleverest of all, in my opinion, is the man who calls himself a fool at least once a month. - Fyodor Dostoevsky

This message has been edited since posting. Last time this message was edited on 20. September 2006 @ 10:07

mackdl
Senior Member
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20. September 2006 @ 10:05 _ Link to this message    Send private message to this user   
Sorry,

Sniping G ask if "Rogers" can sue him. Not all people in Canada are aware of BitTorrent safety, so the reprimands from the cable companies can be quite a shock. They feel that they are in trouble with both cable companies and the RIAA/MPAA.

I'll stay out of this.
Senior Member
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20. September 2006 @ 10:11 _ Link to this message    Send private message to this user   
Hey,

mackdl, no worrys, it was a mere mistake, we all make them mate, nothing to worry about and you don't need to stay out of this, we can all have a civilised discussion right... :-)

Sorry if you thought I was "attacking" you, that wasn't my intention.

Lets get this back on topic!

Yours Truly; Rav
BitTorrent Safety Guide: http://forums.afterdawn.com/thread_view.cfm/395674
Free Security Software: http://forums.afterdawn.com/thread_view.cfm/292257
The cleverest of all, in my opinion, is the man who calls himself a fool at least once a month. - Fyodor Dostoevsky
mackdl
Senior Member
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20. September 2006 @ 10:54 _ Link to this message    Send private message to this user   
No problems Rav,

When one feels they can't be sued because something is legal, they don't take the necessary precautions. The cable company reprimands for bandwidth usage, but the phone calls can be so intimidating to the point that they question what they have done is legal or not. Shaw will not tell you it is legal, fill your boots. They want you to curtail your use. Only then do people come to forums such as AD and find out ways to protect themselves.

This message has been edited since posting. Last time this message was edited on 20. September 2006 @ 11:19

AfterDawn Addict
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20. September 2006 @ 12:18 _ Link to this message    Send private message to this user   
You won't be sued in Canada and this is from experience. A couple of years back, my ISP (Telus) received a notice from an MPAA member saying that I had downloaded a copyrighted file, naming it, where I got it and when. They wanted my identity and address but weren't given it. My ISP informed me by email and that was the end of it. I would imagine if you were tagged enough, your ISP might boot you but that is only a guess. Since getting PeerGuardian, I never have been again.

This message has been edited since posting. Last time this message was edited on 20. September 2006 @ 13:25

mackdl
Senior Member
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21. September 2006 @ 06:50 _ Link to this message    Send private message to this user   
Mistycat,

What you are saying is that they will still try to sue you but it was Canada's Privacy Act that saved you, regardless of legalities?

I have no idea how heavy handed they are being with the cable companies in Canada, but I suppose in some way they are trying to make them accountable. I believe this is part of the reason why they are enforcing a limit and are using scare tactics (besides the congestion). I was not on the receiving end of these phone calls, do not know exactly what was said and in what context, but I do know one young lad was so scared, he cancelled his internet.

The only thing that I know for certainty is that Music files can be downloaded and shared. This is why we pay a $.21 levy on cds. As far as software and movies, I just don't know.
Senior Member
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22. September 2006 @ 16:38 _ Link to this message    Send private message to this user   
I read that some canadian isp's (including mine) don't give away names for downloading XD.
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mackdl
Senior Member
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26. September 2006 @ 08:42 _ Link to this message    Send private message to this user   
@dude845,

As far as I know, they would have to seek a court order and a judge would have to grant access.

Two bills were tabled last year and both died: Bill C-74 and Bill C-60.

http://www.onlinerights.ca/learn/

As someone in my 50's, even I have a hard time understanding the implications if these bills are brought back and passed.

Words of advice:

Just because someone says it's so, doesn't make it the true. (That includes what I say, I am not a lawyer.

Just because it's LAW, doesn't make it RIGHT! If you believe in something strong enough, fight to get the law changed!

Michael Geist is Canada's foremost expert on Canadian law, filesharing, and copyright. He has been interviewed by P2P and BitTorrent. You may want to google it.
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