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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Got an email from Canada that fwd a letter from canipre on

Customer Question

Got an email from bell Canada that fwd a letter from canipre on behalf of Banner Ent. For copyright infringment about a movie I downloaded for my kids. They want me to pay $150 thru a link provided, to avoid further litigation. Should I pay?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I cannot tell you what you should do as I am not your lawyer. But I would not pay if it were me.

The law is that right now these companies cannot find you. They only have your IP address and Bell cannot and will not provide your contact information.

So this is really an empty threat and thousands of these letters are being sent out regularly.

I don't know anyone who is paying.

And if they sued they would have to prove why $150 is appropriate and show that is how much they lost in damages and that is simply not true and they won't be able to prove it.

I have received several of these letters thanks to my kids and I've ignored them all to be honest.

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Debra replied 1 year ago.

I am not able to speak to you on the telephone. I know the site offers this service but it is based in the US. In Canada the rules of my law society prohibit me from speaking to you on the phone as you are not my client.

Customer: replied 1 year ago.
Ok so do not pay? I sent u a copy of the email
Customer: replied 1 year ago.
Did it go thru?
Customer: replied 1 year ago.
BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1IMPORTANT NOTICE TO ACCOUNT HOLDER: COPYRIGHT ACT, R.SC, 1985, c C-422015/12/18
Notice ID: 61811371-0c80-912a-2cfa-22469a36057b
Settlement: https://settlement.contrapiracy.org/61811371-0c80-912a-2cfa-22469a36057b861408920714b7feae06f75c0796c000c6202dc5Re: Notice of Unauthorized Use of Copyrights Owned by RAVEN BANNER ENTERAINMENTCanipre represents RAVEN BANNER ENTERAINMENT, who owns all right, title and interest, including copyrights, in and to the work listed below (hereinafter the "Work").This notice is intended solely for the pri***** ***** Canada service account holder referenced herein. Your Internet services account has been identified as having been used in the unauthorized copying and/or distribution of the Work listed below.Work Title: Turbo Kid (2015)
Copyright Owner: RAVEN BANNER ENTERAINMENT
Computer File Name: Turbo.Kid.2015.720p.WEB-DL.x264.AAC-ETRG
Protocol: Bittorrent
Torrent Hash Value: 16d66381a40ac14177a06109297f86904fcaa8e8
File Size:###-##-####Coordinated Universal Time: 2015/10/09 14:56:30 UTC
IP Address: 64.231.162.178
Port: 52097The following files were included in the unauthorized copying and/or distribution:File 1: Turbo.Kid.2015.720p.WEB-DL.x264.AAC-ETRGRAVEN BANNER ENTERAINMENT is the sole and exclusive owner and distributor of Turbo Kid (2015) in Canada and at no time have you, or anyone using your account, received authorization or consent to download or distribute the RAVEN BANNER ENTERAINMENT exclusive property. RAVEN BANNER ENTERAINMENT generates its revenues through the lawful distribution and sales of its works and has the exclusive proprietary right to distribute and receive revenues, proceeds, and profits from its works.In Canada, the unauthorized copying, performance and/or distribution of the RAVEN BANNER ENTERAINMENT Work listed above is illegal and is subject to criminal and civil sanctions, and is a violation of the Copyright Act, R.SC, 1985, c C-42. The recent amendments to the Copyright Act, which came into force on November 7, 2012, have confirmed the RAVEN BANNER ENTERAINMENT rights to have its copyright protected in Canada and has updated the rights and protections of copyright owners to better address the challenges of the internet, so as to be in line with international standards.Moreover, such copying, performance and/or distribution of unauthorized works may also violate (i) the Berne Convention for the Protection of Literary and Artistic Works, (ii) the Universal Copyright Convention, (iii) bilateral treaties with other countries including Canada, and/or those copyright laws and regulations as cited herein.Your ISP has forwarded you this Notice pursuant to the Notice and Notice provisions of the Canadian Copyright Act. While we remain agreeable to communicating with you through your ISP, we reserve our right to seek a Norwich order to have you identified should this matter remain unresolved. Canadian Courts have recently recognized that, in circumstances involving the illegal infringement of copyrighted works, ISPs' can be ordered to deliver up the customer information associated with offending IP addresses so that further action can be taken (see: Voltage Pictures LLC v Doe, 2014 FC 161).If you have questions about your legal rights, you should consult with your own qualified, legal counsel.In the event that this matter remains unresolved and/or you continue to engage in the unauthorized copying and distribution of copyrighted works, you could be in violation of the Acceptable Use Policy you may be party to with your ISP. In Canada, you could also be found liable for statutory damages of up to $5,000, or non-statutory damages for copyright infringement, as well as potential damages for unjust enrichment and interference with economic relations.In order to help avoid legal action, we have been authorized by RAVEN BANNER ENTERAINMENT to offer you a settlement opportunity that we believe is reasonable for everyone. This notice provides you with the information you require in order to resolve the claimed infringement matter and prevent any and all further legal actions that may be contemplated and relevant under Canadian jurisprudence.To access the settlement offer for this claim, you have until 2016/01/01 to visit the provided URL and complete the settlement instructions. If you prefer, you can simply copy and paste or type the URL directly into the Internet browser of your choice. Here, you will gain confidential and private access to all instructions how to complete your settlement payment and receive your executed Settlement Agreement. Please note that your Unique Notice ID forms the URL and corresponds with the Unique Notice ID found at the outset of this notification.Settlement: https://settlement.contrapiracy.org/61811371-0c80-912a-2cfa-22469a36057b861408920714b7feae06f75c0796c000c6202dc5The settlement will remain confidential and, as part of the resolution, RAVE
Customer: replied 1 year ago.
Also I was told not to click on links in email because it would acknowledge I have read it.
Customer: replied 1 year ago.
I paid $50 from paypal?
Customer: replied 1 year ago.
That's all I get for $50? Lol. Ok. I'll jus ignore the email then. And won't pay the $150
Customer: replied 1 year ago.
Expert:  Debra replied 1 year ago.

The email came through now.

This is similar to the several I got. I ignored them but not until I did a lot of research.

Since that time I have received many questions about this issue on this site and no one is paying and no one has heard another word about this.

Customer: replied 1 year ago.
Ok. That's what I have read as well. In Canada max penalty is 5k and in the papers and articles I've read , they are basically saying not to pay.
Customer: replied 1 year ago.
A spokesman for Industry Minister ***** ***** told Metro News on April 22 that “there is no obligation for Canadians to pay these settlements."
This isn't utterly new. The ministry said on Jan. 9 the "notices were misleading," according to Reuters, and that companies can't use them to demand money. That was just a little more than a week after Internet service providers became legally obligated to forward copyright infringement notices from content owners to consumers.
But the bluntness of the latest message from the government — thou should not have to pay — offers some comfort to consumers, according to University of Ottawa law professor Michael Geist.
Expert:  Debra replied 1 year ago.

They cannot make up numbers and expect that is OK.

To pay to rent the film is a few dollars so they are talking nonsense but they scare some into paying.

Some of the companies just ask us to stop and delete the film and that I can respect.

Customer: replied 1 year ago.
Ok thanks
Expert:  Debra replied 1 year ago.

You are very welcome.

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