下载电影被盯上了,收到律师信,怎么处理?

本帖由 thecupoflife29 天前 发布。版面名称:多伦多

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  1. thecupoflife

    thecupoflife 园友

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    Raven Banner Releasing is the sole and exclusive owner and distributor of Poker Night (2014) in Canada and at no time have you, or anyone using your account, received authorization or consent to download or distribute the Raven Banner Releasing exclusive property. Raven Banner Releasing 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 Releasing 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 Releasing 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 Raven Banner Releasing 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 02/11/2017 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.

    不要点链接
    Settlement: https://www.e-resolve.ca/en/resolution/?noticeid=71bb0e88b1114e7102578ff9ef4405fb71d2


    The settlement will remain confidential and, as part of the resolution, Raven Banner Releasing 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 23/10/2017 affecting the Raven Banner Releasing 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 Raven Banner Releasing for legal action and further remedy. In the event that legal action is commenced, Raven Banner Releasing 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 Raven Banner Releasing 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 Raven Banner Releasing proceeds with legal action against you, you will be required to produce all relevant documents, including electronic documents and files that bear on Raven Banner Releasing 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 Raven Banner Releasing 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 Raven Banner Releasing 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 Raven Banner Releasing.

    Sincerely,


    Barry Logan
    Project Manager
    CANIPRE: Canadian Intellectual Property Rights Enforcement
    307-15400 Pierrefonds Blvd
    Montreal, QC CANADA
    H9H 5L5

    E: notice@canipre.ca
    W: www.canipre.ca

    T.Montreal (514) 312-3185
    T.Toronto (647) 478-7722
    T.Vancouver (778) 831-1044

    On behalf of:

    Raven Banner Releasing
    33 Villiers St., Suite 201
    Toronto, ON CANADA
    M5A 1A9
     
    最后编辑: 28 天前
  2. blue2003

    blue2003 活跃园友

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    扔废纸篓
     
  3. Jason.Z

    Jason.Z 园友

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    这帖子骗钱的,大家别点链接
     
  4. Leon-L

    Leon-L 园友

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    https://globalnews.ca/news/3179760/...nt-fee-if-you-get-an-illegal-download-notice/

    No, you do not have to pay a ‘settlement fee’ if you get an illegal download notice
    By Nicole Bogart
    Here's what you need to know if you received a copyright infringement notice.

    Nico De Pasquale Photography/Flickr

    New regulations surrounding illegal downloading went into effect in Canada two years ago. But the number of warning notices being issued to internet subscribers is still growing.

    Canadians confused by the so-called “notice and notice regime” warnings often take to social media sites with questions like, “Do I have to pay a settlement fee for copyright infringement?” or “Am I being sued?”

    These letters are sent by Internet Service Providers (ISPs), like Rogers and Bell, to customers whose IP address is believed to be connected to illegal downloading.

    The emails usually read something like this: “[Your ISP] has received what the Copyright Act calls a “notice of claimed infringement”. It listed an IP address and time. Our systems indicate that the IP address listed in the notice was likely assigned to your account at the specified time.”

    READ MORE: Internet users receive illegal downloading notices, but what do they mean?

    The ISP may also forward the original notice from the copyright holder – such as a movie studio, or media company – but this is where it gets tricky.

    Sometimes these notices encourage the customer to pay a settlement fee for the alleged copyright infringement.

    According to user reports on sites like Reddit, these alleged fees can range anywhere from $200 to $10,000.

    Are you obligated to pay these fines?
    The answer is no.

    “There is no legal obligation to pay any settlement offered by a copyright owner,” Industry Canada confirmed to Global News.

    So why does this keep happening?
    According to industry experts, these notices continue to cause alarm with unsuspecting Canadians thanks to so-called “copyright trolls” who misuse the notice and notice regime.

    “The ‘notice and notice’ regime, which started out as a measured and effective made-in-Canada mechanism to reduce infringement, is being misused by some players to convey inappropriate settlement demands to uninformed consumers and scaring them into unnecessary payments,” said Howard Knopf, copyright expert and lawyer at Macera & Jarzyna LLP in Ottawa.

    Bram Abramson, chief legal and regulatory officer for internet service provider TekSavvy, told Global News that some media companies have started “copyright trolling,” using programs to monitor peer-to-peer downloading sites for their own copyrighted content and generating copyright infringement reports automatically.

    “Once these programs are set up they churn out as many as they like – it’s all automated,” said Abramson.

    READ MORE: Canadians who illegally download movies may be risking more than previously thought

    Global News asked Industry Canada and the major internet service providers including Bell, Rogers, Shaw and TekSavvy, how many notices it sent out over the last year under the notice and notice regime.

    Industry Canada directed us to internet service providers, noting participants in the program are under “no obligation” to tell the government how many notices it issued.

    Bell and Rogers both declined to comment on how many infringement notices they’ve received from copyright holders. Shaw did not respond to requests for comment.

    Abramson could not provide exact data from TekSavvy; however, he estimated the company sends ‘thousands’ of notices per year.

    David Christopher – communications manager at OpenMedia, an advocacy group that focuses on privacy and open internet in Canada – pointed out that many of these messages sent by copyright holders often use American wording, citing U.S. copyright laws.

    “There are companies that base their whole business model off of finding people who are allegedly downloading material and go after them on behalf of media companies,” said Christopher

    “They send out as many threatening emails as possible.”

    What you need to know if you receive one of these emails
    It’s important to note that without a court order the alleged copyright owner has no way of determining the identity behind the IP address it has flagged.

    Your internet provider does not hand over any personally identifying information to the copyright holder and the notices you receive directly from them are only intended to ask you to stop illegally downloading.

    Legal experts say it’s imperative that you do not respond to emails from alleged copyright holders, otherwise you may identify yourself and risk potential legal action.

    “Anyone who responds to a settlement demand, or makes contact in any way with the sender, is very likely going to reveal their identity,” Knopf added.

    Additionally, just because you receive a notice of alleged infringement, does not mean you are guilty.

    “If an individual receives a notice of alleged infringement, it is because a copyright owner has identified their Internet address as being involved in an activity that allegedly infringes their copyright,” said a spokesperson for Industry Canada.

    “Receiving a notice does not necessarily mean that they have in fact infringed copyright.”

    READ MORE: Canadians among top illegal downloaders of ‘Game of Thrones’

    Meanwhile, experts are calling on the government to help prevent abuse of the notice and notice regime by asking that ISPs and third parties explain to users in their notices that they are under no legal obligation to pay settlement fees.

    In 2015, several internet advocacy groups – including the Canadian Internet Policy and Public Interest Clinic and OpenMedia – sent a letter for James Moore, Ministry of Industry, calling for these changes to be implemented into Canada’s Copyright Act.

    Some organizations are already doing this. The University of Manitoba, for example, explains in its notice that U.S. copyright fines and penalties do not apply in Canada and that statutory damages for non-commercial infringement in Canada does not exceed $5,000.

    “If the integrity and utility of the notice and notice regime is to be sustainable, the Government must proceed as soon as possible to implement regulations preventing the inclusion of settlement demands in such notices and relieving ISPs of any obligation to pass improper notices along to the intended recipients,” said Knopf.

    © 2017 Global News, a division of Corus Entertainment Inc.
     
  5. herbertguo

    herbertguo 活跃园友

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    即使真有人要起诉你,你的回复就会成为呈堂证词。
     
  6. alanzjh

    alanzjh 园友

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    不要点任何链接 ,不要理睬他们,他们不知道你究竟是谁。 之所以能联系上你,都是因为你的 ISP 根据他们提供的 IP 地址将警告信转发给你。 以后不要再下载电影就可以了。
     
  7. sonic512

    sonic512 园友

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    p2p下载时也在上传,而上传时每个数据源的IP通常都是未经加密的。只要有人愿意花点时间,都可以把同一个种子文件一共有多少个IP以及详细地址在上传/下载这类数据给捕捉出来,在加拿大固定IP司空见惯所以按ISP数据一抓一个准,只是目前相应的版权法并没有完全覆盖私人共享这一环节,所以目前,美国版权方海外发函在加拿大p用没有。
    非要用p2p,保护个人隐私,养成习惯从加密IP上传开始。
    另外,有些种子就是版权方雇佣的维权机构在资源分享网站里下的套,只不过他们想捕捉到的都是美国人,只有这样才能依法收到钱,至于加拿大,唬住一个真汇了款又不违法,仔细看小字一般都有免责声明一类说你意识到侵犯版权,做出补偿blabla
     
    sonic512, 通过 家园移动版发帖, 28 天前
    #7
  8. B-a-King

    B-a-King 活跃园友

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    长篇大论懒得看,这一句最有用。
    It’s important to note that without a court order the alleged copyright owner has no way of determining the identity behind the IP address it has flagged.
    没有法院的指令,版权所有者也无法获得IP地址背后的人的身份信息。
     
    已获得ecko宝宝ROOTS的赞。
  9. cazemodo

    cazemodo 园友

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    如果是投递来的律师信,我会担心下。

    Email从来不鸟,直接删掉
     
    已获得ROOTS的赞。
  10. marsperson

    marsperson 园友

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    这种垃圾,根本不用管,这邮件没有任何法律效力,你的服务商只是收到他们(私人讨债公司)的IP列表,然后按照IP列表转发他们的邮件给你们,除非法庭的命令,服务商不会给他们任何你的个人信息(邮件,姓名,地址等等)。
    去法院告你一个人,要求法庭命令服务商提供IP地址对应的个人信息的成本,远高过5000快(加拿大最多罚5000,这几年被罚的是个位数,说10000是骗你,就这个欺骗,法院就可以判无罪),而且他们还要证明这wifi这段时间,这电影是你下的,不是共享的其他人下的,非常难
    你点了链接,输入个人信息,就等于在警察局自己招供了,你不输入个人信息,他们只知道一个IP,这就是为什么你只收到服务商的邮件,没有任何投递的信,因为他们什么都不知道!

    法律上:只可以告一个人,不能告一个IP地址
     
    最后编辑: 28 天前
    已获得ROOTS的赞。
  11. ROOTS

    ROOTS 活跃园友

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    这个帖子太好了, 我一个脑盲从各位专家的回复中学到好多知识, 希望今后这种帖子多多益善。
     
    ROOTS, 通过 家园移动版发帖, 27 天前
    #11
  12. shunlife

    shunlife 活跃园友

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    果断删掉,他们已经侵犯了你的隐私。我收到几次了。