Home > Copyright, P2P, Teksavvy, User Rights, Voltage > Following The Fallout of The Teksavvy vs Voltage Decision Pt 1

Following The Fallout of The Teksavvy vs Voltage Decision Pt 1

I think it’s important that others with concerns now come forward within the legal community.  As the “sensationalist” media posts of all of this die down, and people have time to reflect, the conversation will shift from the PR talking points to what really matters in this situation as it pertains to privacy and online rights.  At least I’m hoping it will.  This decision will impact all Internet users in Canada regardless if you download or not.  I will continue to watch reaction, and continue to accumulate links and info to post on this blog.  For more immediate notification of info, please follow my twitter feed.

From an article on the decision on Torrentfreak:

CIPPIC adds that Teksavvy shouldn’t hand anything over to Voltage, as this will “infringe the privacy rights of the subscribers and may affect the scope of protection offered to anonymous online activity.” CIPPIC fears that any ruling in this case could have a detrimental effect on whistle-blowers and others who leak documents in the public interest.

A view also backed up by a poster on the blog for Comparative Law: Privacy and Data Protection course at Osgoode Hall Law School.  The commentator posted:

It makes me wonder whether people will argue that their privacy has been infringed upon due to the unauthorized identification, and whether this has the potential to flood the legal system with various cases.

For the legal savvy and from The Court which is an online publication of the Osgoode Hall Law School :

This decision does seem to establish an effective filter on Norwich order motions made with a view to copyright troll potential infringers. But in ordering the release of information about the identities of Teksavvy users, the FCC has given the green light to other companies following the same path as Voltage—gather IP information, establish a bona fide case, and aggregate enough potential claims to make the claims cost effective despite the statutory ceiling on individual damages.

In effect, this decision establishes a process for copyright holders to pursue claims against alleged infringers. Copyright trolls may be barred from compelling ISPs to release their customers’ information through Norwich orders, but copyright holders who are serious about commencing litigation now have an important precedent to use against alleged infringers.

More to come soon.

Advertisements

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: