File-Sharing Lawsuits Coming To Canada: ISPs Ordered To Identify File-Sharers

File Sharing Lawsuit Canada

The Huffington Post Canada   First Posted: 09/12/11 05:40 PM ET Updated: 11/12/11 05:12 AM ET

Thousands of Canadians may soon find themselves facing a lawsuit from the makers of the Oscar-winning movie The Hurt Locker, thanks to a federal judge's decision that could throw open the doors to U.S.-style mass lawsuits against copyright-infringing file-sharers.

The lawsuit appears to go against claims made by some in Canada's movie industry that they would not go after individual file-sharers in their efforts to stop unauthorized file-sharing. And it comes at a time when many of those U.S. lawsuits appear to be failing in U.S. courtrooms.

In a decision last month, a federal court judge ordered three internet service providers to hand over identifying information about customers whose IP addresses were logged sharing The Hurt Locker. Bell, Cogeco and Videotron have until this week to hand over the names and addresses to Voltage Pictures, the production company behind Hurt Locker. Lawyers representing The Hurt Locker's makers have been pursuing lawsuits against alleged U.S. downloaders of the movie since the spring of 2010.

The court’s ruling went largely unnoticed until it was reported by University of Ottawa digital law professor Michael Geist, who noted that the lawsuit seems to be going against promises made to Parliament by Canada's film distributors.

Responding to a question about the Hurt Locker lawsuits in the U.S., Ted East, president of the Canadian Association of Film Distributors and Exporters, told Parliament last spring, "We're not interested in sweeping up the John Does. We're looking for legislation that basically stops online piracy and illegal file sharing, which requires changes to the bill that exists."

This is the second major attempt to bring file-sharing lawsuits to Canada. The first, in 2004/2005, was the BMG Canada v. Doe case, in which a number of the world's largest reecording companies attempted to sue music file-sharers, but which resulted in a federal judge declaring that file-sharing was legal in Canada.

That ruling did not stand long. The federal Court of Appeal eventually dismissed the BMG lawsuit, but also set aside the judge’s declaration that file-sharing is legal. Since then, the question of file-sharing’s legality in Canada has remained open-ended.

In the U.S., lawsuits against file-sharers have been far more prolific and, so far, more successful. But the practice of suing file-sharers has resulted in some extreme cases, such as a Minnesota mother who was ordered to pay $1.5 million for sharing 24 songs.

And a series of recent developments suggests some judges in the U.S. may be turning against the practice of mass lawsuits. Last week, a Calfornia judge dismissed all but one of 5,000 defendants in a file-sharing case, calling the suit a “massive collection scheme.”

In another case earlier this year, a judge rejected a file-sharing suit, saying the plaintiff couldn't sue an individual because of a computer IP address found to be sharing files illegally, because an IP address is not a person.

Indeed, since the recording and move industries started launching mass lawsuits in the U.S., courtrooms have been flooded with letters by defendants claiming they were wrongly targeted because their name was associated with an IP address, saying they had never illegally downloaded any files. In some cases, defendants weren’t aware that housemates or relatives were file-sharing, and in some cases defendants’ wireless routers were used by neighbours to file-share.

In his report on the Hurt Locker court decision, the University of Ottawa's Michael Geist argues that the lawsuit is a sign that the Conservative government proposed's copyright reform bill is a good idea.

"The prospect of thousands of Canadian peer-to-peer file sharing lawsuits -- with potential liability of tens of thousands dollars per person for a single movie -- highlights why the government was right in Bill C-32 to reform the statutory damages provision to distinguish between commercial and non-commercial infringement," Geist wrote.

The current copyright act allows fines of up to $20,000 for an unauthorized instance of file-sharing. Under the new law, which the government has said it will reintroduce this fall, non-commercial file-sharing fines would be capped at $5,000.

But given the quantities of files shared online, a fine of that size could still expose file-sharers to tens of thousands, if not hundreds of thousands, of dollars in damages.

Canada’s music and movie industries say that copyright-infringing file-sharing is costing their industry, artists and the economy as a whole billions of dollars. The Canadian Association of Film Distributors and Exporters says that file-sharing reduced economic activity by $1.8 billion and reduced employment by 12,600 jobs in 2009-2010.

CORRECTION: This story has been modified from its original version to make clear that the file-sharing case involves a federal court, not a Quebec court.
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Thousands of Canadians may soon find themselves facing a lawsuit from the makers of the Oscar-winning movie The Hurt Locker, thanks to a federal judge's decision that could throw open the doors to U.S...
Thousands of Canadians may soon find themselves facing a lawsuit from the makers of the Oscar-winning movie The Hurt Locker, thanks to a federal judge's decision that could throw open the doors to U.S...
 
 
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12:25 AM on 10/06/2011
The lobbying by industry demonstrates the law in canada is no longer the control of its citizens rather that of corporate greed. By allowing industry to sue small players does not make sense and illustrates greed on behalf of industry
08:00 PM on 09/16/2011
Canadians pay a royalty on all blank storage media under the assumption that it will be used to store copyrighted material without otherwise paying the royalties. Download to your hearts content - you have already paid for the rights. It's up to the money grubbing tax collectors to pass on the payments to the artists. Simply by being Canadian, you've become incapable of downloading illegally.
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Jay from Ottawa
sovereignty sale, 1.3T OBO
05:21 PM on 09/14/2011
Newsflash, movie studios aren't losing very much money since 95% of downloaders would have simple NOT seen the movie had it not been available for downloading.

That's what they seem to not realize here. People are not going to pay for your movie, but they will watch it if it's free.

Man these guys are full of themselves with their 'x money lost' and even more laughable 'x jobs lost'.

I've never even heard about the 'hurt locker' ... I'll have to google it ... (googling) ... a 2008 movie about a (of all things) terrorists and iraq ?! You'd have to PAY ME to watch that frickin movie !
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HUFFPOST SUPER USER
abuckley23
Published author. Visit me at Planet Kibi!
02:34 PM on 09/13/2011
Why THAT movie? Because it won an oscar? I've never seen it but heard it was boring. Makers of the Hurt Locker should be happy if people are watching it.

Filmmakers in general should be happy if people are downloading their movie. Such actions mark the true success of a movie and most movies make their budget back and more on theatrical and home video releases regardless. Oh wait...they want MORE money... got it.
01:23 PM on 09/13/2011
Who would have thought a warmongering movie creator would only care about money ?
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HUFFPOST SUPER USER
Runey
religion is why we can't have nice things.
01:17 PM on 09/13/2011
One thing I can recommend to people is use private trackers, and look into things like peerblock
01:16 PM on 09/13/2011
"We're not interested in sweeping up the John Does. We're looking for legislation that basically stops online piracy and illegal file sharing, which requires changes to the bill that exists."
Translation: We're looking to MAKE MORE MONEY!!
They'll pay off politicians who in turn will sell us out to the corporations so they can MAKE MORE MONEY!!
12:02 PM on 09/13/2011
I don't believe file sharing is costing the music and movie industry billions of dollars. Lots of people who infringe copyright would not spend the money for those files and would not listen to or watch them.

Furthermore I have some difficulty with copyright legislation.

If the Romans had had copyright legislation we would not have the Bible. If the Elizabethans had had copyright legislation we would not have Shakespeare. I have been told the same applies to classical music.

If we didn't have copyright legislation, some superstars and music industry people would not be so rich and probably a lot more people would be able to make a living performing live music and theatre. Also consumers would get considerable enjoyment from the intimacy of live performances in small-scale venues.

(The author of this comment has a web log on economics at https://economics102.wordpress.com/)
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HUFFPOST SUPER USER
stopgeorge
Paper Ballots WORK. Unverifiable e-voting doesn't
11:41 AM on 09/13/2011
The latest Canadian ruling was...

As long as it is for "personal use", file-sharing is not illegal.

And it should remain this way.
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luckincan
That rug really tied the room together
11:45 AM on 09/13/2011
Problem is and always has been, once the Bullies want something, they get their way and our elected leaders cave faster than a _fat man that sat down to fast
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luckincan
That rug really tied the room together
11:41 AM on 09/13/2011
Horrible movie, horrible people.




Oh Quebec, you've done it again.
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Louis Bernardi
I live in a treehouse!
10:29 AM on 09/13/2011
If I go see it in movies, there's my pay. You don't pay for it every time you ride it, and your friends don't have to pay the dealership to ride your car. For movies I like (LOTR, Star wars, 2001 a space odessy, the other guys, etc.) I've purchased the bluray, just because I watch them over and over again and I want a good quality view. They're all millionaires already and piracy is getting harder every day, the last thing anyone needs is "conservative justice" by getting a... lets see I have roughly 200 movies and 2500 tv episodes saved.... so I don't need a 13 Million dollar fine for studios which make enough already.
09:35 AM on 09/13/2011
I'm pretty sure the amount of money the movie industry says it loses it not that bad. The latest Harry Potter movie for example made close to 1,5 billion at the box office its all about how greedy the companies making the movies are. The piracy will always continue because its impossible to track all the people who download the movie
09:27 AM on 09/13/2011
Movies these days are not that great and are incredibly expensive. 12 dollars at the theaters, but if you buy food the price goes dramatically up. DVD/Blueray is also expensive too.

This isn't going to stop piracy. If anything, they should use it to their advantage. Make an iTunes sort of thing and people will pay money to watch things.
09:57 AM on 09/13/2011
You can now rent movies from Youtube, $4.99 in Canada.
10:03 AM on 09/13/2011
It's still expensive, when you think about Netflix allowing you to stream as many movies as you want for only 7.99.
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relentless63
08:39 AM on 09/13/2011
I don't believe in sweeping up the Johns. Prostitution continues and the punishment is meted out to the 'easy catches', in this case, some who probably paid to see the film in the theater. File sharing is now a part of our culture and films hit the internet often before they're released. That's an inside job. The film industry should first police itself.
08:14 AM on 09/13/2011
How much time will I have to do for borrowing it? I didn't think it deserved best picture so there.
08:39 AM on 09/13/2011
When you rent a movie, they should ask "how many people will be watching with you"?