6 ms·

What, you only get emails? In Germany you straight up get snail mails from lawyers demanding you to pay for the damages. But in Germany the only real bad thing

What, you only get emails? In Germany you straight up get snail mails from lawyers demanding you to pay for the damages. But in Germany the only real bad thing is uploading, downloading by itself is more of a grey thing.

sbarre 6y ago
Canada currently uses a "notice and notice regime" [0], meaning the rights holder notifies the ISP, who turns around and forwards the notice to the infringing customer, but does not give the rights holder the account information, nor do they take any punitive action towards the customer. However, the ISP must retain historical data on these notices, so if in the future the laws change, rights holders could in theory request information on past notices and go after subscribers once they have their personal information. so yeah, don't pirate stuff... 0: https://www.ic.gc.ca/eic/site/Oca-bc.nsf/eng/ca02920.html https://www.ic.gc.ca/eic/site/Oca-bc.nsf/eng/ca02920.html
- contravariant 6y ago
  >if in the future the laws change Almost no legal system works this way. You can't suddenly be found guilty of violating a law that didn't exist.
  - sbarre 6y ago
    Just curious, are you a lawyer here in Canada?
  - mgbmtl 6y ago
    I agree, but it's not a legal requirement, it's just how things usually work. Here's a counter example: http://www.assnat.qc.ca/en/travaux-parlementaires/projets-loi/projet-loi-55-42-1.html http://www.assnat.qc.ca/en/travaux-parlementaires/projets-lo... - tl;dr: Quebec abolished the statute of limitations for sex/child abuse crimes. Shortly after the law was passed, a group of priests were arrested. (it took a while to pass the law, and was a multi-party, multi-year process)
  - lolc 6y ago
    Haha, that's a funny take along the lines of "it's not illegal if the cops didn't see." The reality is that the sharing is the infringement one gets prosecuted for. Copyright law already exists.
- mgbmtl 6y ago
  Changing the law takes a fair amount of time, and it would unlikely be retroactive. Not to mention that if everyone is doing it (and it doesn't go against the Charter), good luck legislating against it. Historically, predatory behaviour by media companies in Canada has been pretty badly received by both major parties, which is how we ended up with notice-and-notice, where the emails have a long intro about "this is just a notice and you don't have to do anything". I don't encourage piracy, but it's probably the kind of thing that most people do occasionally, while also being 'good' paying consumers. p.s. oddly enough, I get these emails sometimes from Teksavvy, but not from Bell.
  - oxguy3 6y ago
    They can't make something retroactively illegal, but piracy is already illegal. They'd just be retroactively making it harder to get away with. Much like how we've used forensic evidence to put people in jail years later, even if our forensic techniques didn't exist yet at the time of the crime.
- sp332 6y ago
  Well if they actually decide to sue the customer, and get a court order, they could force the ISP to identify them. But that's way more trouble than it's worth in most cases. And safe harbor laws mean that as long as the ISP is adhering to the notice-and-notice policies, they can't be directly sued for infringement.
AnonC 6y ago
A BitTorrent client uploads data to other peers who want the data blocks you have already downloaded (even while you're still in the process of downloading the content, depending on the peers in the swarm around that time). I think it'd be difficult to argue technically that you were just downloading and not uploading when using BitTorrent. If you leave the torrent running after the download completes, you're seeding (uploading) to any other user's client that connects to yours and asks for blocks from your client.
- Batman8675309 6y ago
  What if you use BitThief?
- smichel17 6y ago
  Most BitTorrent clients have settings to control whether you are seeding, although they typically default to yes.
411111111111111 6y ago
That is incorrect. Neither uploading nor downloading is strictly speaking forbidden. Only once it's been fully downloaded does it become illegal. Though a judge will likely defend the spirit of the law over the letter, making you guilty anyway. The issue why uploading is even more dangerous is because then the urheber can demand damages for lost sales as well. Don't take it on the light shoulder in Germany. Torrentung without a VPN can quickly get super expensive here
- carstenhag 6y ago
  So, what you are saying is, that uploading is worse? That's what I said but in other words.

sbarre 6y ago

Canada currently uses a "notice and notice regime" [0], meaning the rights holder notifies the ISP, who turns around and forwards the notice to the infringing customer, but does not give the rights holder the account information, nor do they take any punitive action towards the customer. However, the ISP must retain historical data on these notices, so if in the future the laws change, rights holders could in theory request information on past notices and go after subscribers once they have their personal information. so yeah, don't pirate stuff... 0: https://www.ic.gc.ca/eic/site/Oca-bc.nsf/eng/ca02920.html https://www.ic.gc.ca/eic/site/Oca-bc.nsf/eng/ca02920.html

contravariant 6y ago
>if in the future the laws change Almost no legal system works this way. You can't suddenly be found guilty of violating a law that didn't exist.
- sbarre 6y ago
  Just curious, are you a lawyer here in Canada?
- mgbmtl 6y ago
  I agree, but it's not a legal requirement, it's just how things usually work. Here's a counter example: http://www.assnat.qc.ca/en/travaux-parlementaires/projets-loi/projet-loi-55-42-1.html http://www.assnat.qc.ca/en/travaux-parlementaires/projets-lo... - tl;dr: Quebec abolished the statute of limitations for sex/child abuse crimes. Shortly after the law was passed, a group of priests were arrested. (it took a while to pass the law, and was a multi-party, multi-year process)
- lolc 6y ago
  Haha, that's a funny take along the lines of "it's not illegal if the cops didn't see." The reality is that the sharing is the infringement one gets prosecuted for. Copyright law already exists.
mgbmtl 6y ago
Changing the law takes a fair amount of time, and it would unlikely be retroactive. Not to mention that if everyone is doing it (and it doesn't go against the Charter), good luck legislating against it. Historically, predatory behaviour by media companies in Canada has been pretty badly received by both major parties, which is how we ended up with notice-and-notice, where the emails have a long intro about "this is just a notice and you don't have to do anything". I don't encourage piracy, but it's probably the kind of thing that most people do occasionally, while also being 'good' paying consumers. p.s. oddly enough, I get these emails sometimes from Teksavvy, but not from Bell.
- oxguy3 6y ago
  They can't make something retroactively illegal, but piracy is already illegal. They'd just be retroactively making it harder to get away with. Much like how we've used forensic evidence to put people in jail years later, even if our forensic techniques didn't exist yet at the time of the crime.
sp332 6y ago
Well if they actually decide to sue the customer, and get a court order, they could force the ISP to identify them. But that's way more trouble than it's worth in most cases. And safe harbor laws mean that as long as the ISP is adhering to the notice-and-notice policies, they can't be directly sued for infringement.

AnonC 6y ago

A BitTorrent client uploads data to other peers who want the data blocks you have already downloaded (even while you're still in the process of downloading the content, depending on the peers in the swarm around that time). I think it'd be difficult to argue technically that you were just downloading and not uploading when using BitTorrent. If you leave the torrent running after the download completes, you're seeding (uploading) to any other user's client that connects to yours and asks for blocks from your client.

Batman8675309 6y ago
What if you use BitThief?
smichel17 6y ago
Most BitTorrent clients have settings to control whether you are seeding, although they typically default to yes.

411111111111111 6y ago

That is incorrect. Neither uploading nor downloading is strictly speaking forbidden. Only once it's been fully downloaded does it become illegal. Though a judge will likely defend the spirit of the law over the letter, making you guilty anyway. The issue why uploading is even more dangerous is because then the urheber can demand damages for lost sales as well. Don't take it on the light shoulder in Germany. Torrentung without a VPN can quickly get super expensive here

carstenhag 6y ago
So, what you are saying is, that uploading is worse? That's what I said but in other words.