I got this letter in my email and i was wondering if it was…
I got this letter in...
I got this letter in my email and i was wondering if it was legit, they want me to pay $198.00Submitted: 5 years ago.Category: Canada Law
The Government of Canada requires by law that all Internet Service Providers (ISPs) let their clients know when content owners contact them about possible unauthorized use of the content owner's material such as illegal downloading of music, movies, TV shows, videos or games. As a result, we must let you know that we have received the below notification related to your account.
Please note that receipt of a content owner's notice may not mean there has been any legal action against you. Seek legal advice if you are unsure whether or not the penalties or fines that may be contained in the attached are enforceable. The simplest way to prevent further alleged infringements is to make sure no one is using your account to illegally download material.
For more information on why you received this notice, please visit: http://www.ic.gc.ca/eic/site/oca-bc.nsf/eng/ca02920.html or contact the content owner directly. Please do not contact Bell as we do not have any further information to share with you.
Thank you for your cooperation.
-----BEGIN PGP SIGNED MESSAGE-----
IMPORTANT NOTICE TO ACCOUNT HOLDER: COPYRIGHT ACT, R.SC, 1985, c C-42
Notice ID: cacfea280cf54c070198a60a4d47ab5070b6
Re: Notice of Unauthorized Use of Copyrights Owned by Elevation Pictures
Canipre represents Elevation Pictures, 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 named 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: Free State of Jones (2016)
Copyright Owner: Elevation Pictures
Computer File Name: 1e2929_Free State of Jones (2016) [1080p] [YTS.AG].torrent
Torrent Hash Value: 3b67df1650f5274df5d110d691640c4fdb5dbfb9
Coordinated Universal Time: 23/09/2016 01:25:18 UTC
IP Address: 22.214.171.124
Elevation Pictures is the sole and exclusive owner and distributor of Free State of Jones (2016) in Canada and at no time have you, or anyone using your account, received authorization or consent to download or distribute the Elevation Pictures exclusive property. Elevation Pictures 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 Elevation Pictures 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 Elevation Pictures 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 Canada 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 Elevation Pictures 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 17/10/2016 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 Release of Liability. Please note that your Unique Notice ID forms the URL and corresponds with the Unique Notice ID found at the outset of this notification.
The settlement will remain confidential and, as part of the resolution, Elevation Pictures will also agree to release you of any and all other claims it may have against you for all previous infringing activity engaged in to date 27/09/2016 affecting the Elevation Pictures titles and/or its intellectual property.
If you fail to respond or settle within the prescribed time period, the above matter may be referred to our legal counsel representing Elevation Pictures for legal action and further remedy. In the event that legal action is commenced, Elevation Pictures will pursue all legal, equitable and statutory remedies against you, which will include monetary damages, as well as damages for conversion, unjust enrichment and interference with economic relations, as well as court costs and/or legal counsel fees incurred in this matter. At that point, the original settlement offer contained herein will no longer be an option and any future resolution will require an increased payment from you as a result of Elevation Pictures having to incur further costs, which costs they will seek to recover from you. Therefore, you may be held liable for monetary damages in excess of the settlement amount demanded herein, as well as all associated legal fees and court costs. In addition, you may be subject to court ordered injunctions and other extra-ordinary civil remedies.
In the event that Elevation Pictures proceeds with legal action against you, you will be required to produce all relevant documents, including electronic documents and files that bear on Elevation Pictures claims against you. Until this matter is resolved, whether by settlement or otherwise, we require you to accept this as written notice to preserve any and all hard drives or other means of electronic storage associated with your above referenced IP address and to take no steps whatsoever to remove, erase, discard, conceal, destroy or delete from any means of electronic storage any evidence of piracy and/or other illegal or unauthorized acquisition and/or distribution of Elevation Pictures intellectual property. In the event that we determine, through computer forensic evidence or otherwise, that steps were taken to delete or in any way alter or destroy evidence of piracy activities, said actions will be brought to the court's attention and further associated remedies will be sought against you.
Again, we recommend that you consult with legal counsel if you have questions about your legal rights.
Nothing contained or omitted from this correspondence is, or shall be deemed to be, either a full statement of the facts or applicable law, an admission of any fact, or a waiver or limitation of any of the Elevation Pictures rights or remedies, all of which are specifically retained and reserved.
In providing this Notice, Canipre has a good faith belief that use of the material in the manner complained of herein is not authorized by the copyright owner, any of its agents, or by operation of law. Canipre and the undersigned further declare under penalty of perjury, that Canipre is authorized to act on behalf of Elevation Pictures.
CANIPRE: Canadian Intellectual Property Rights Enforcement
307-15400 Pierrefonds Blvd
Montreal, QC CANADA
T.Toronto (###) ###-####
On behalf of:
***** West, Suite 520
Toronto, ON CANADA