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[TekSavvy] Copyright Law in Canada - TekSavvy's Position - Page 4

post #31 of 34
date modified "2011-09-29" this is old.

edit: nvm, that's just the first article.
Edited by th3illusiveman - 12/4/12 at 10:51pm
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post #32 of 34
Quote:
Originally Posted by dejanh View Post

Quote:
Originally Posted by Just a nickname View Post

If you end the contract, you can ask the carrier to unlock the phone.
They HAVE to unlock it if the phone is yours. I don't remember the law name but it is basically aimed to increase competitiveness.
Now we are also able to end contract whenever we want without much penalties.
Senor, read the article here...

http://www.680news.com/news/national/article/61838--sweeping-new-copyright-bill-sets-100-5-000-penalty-for-illegal-copies

I will isolate one point for you...
Quote:
Unlocking cellphones to change providers. Though the bill is extremely tough on breaking digital locks, the one notable exception is cellphones. Users would be able to unlock their cellphones as long they respect their existing contract.
So if I "do not respect my contract" meaning I terminate it prematurely (that being the only way to "not respect your contract") then I can get my bee-hind sued. It's how it reads...it may be a wrong interpretation, but it's how it reads...

It could be argued, if the contract has been bought out to be terminated then this mean's it's now invalid and you don't legally have to abide by it. More or less this bill is in place if you breach a term of there contract while it's in play, so unlocking your phone while still having the contract in place would allow them to come after you then.

To be honest if your with one of these providers with these type of term's don't support them, telus, koodo, wind all have very simple straight forward term's (about one page font 12) where comparison bell and roger's and there sub companies is about 4-8 pages of agreement's.
post #33 of 34
Thread should be cleansed of off-topic discussion. I had a post deleted for less... but I won't take part in enforcing that arbitrary rule here. I like how the post that patriotically started the OT discussion stated "our country" when its user's location implies he lives in America, yet this is about a Canadian ISP and Canadian law.
Quote:
Originally Posted by Pavix View Post

Is that $5000 a total cap, or an individual violation cap? So if little Timmy is running a xdcc IRC bot(Yes, I know...1995 called and wants it's file sharing solution back) with 1000 songs, does he pay a max of $5,000 x 1000....or $5000 and he's done? Because stuff like this crap is retarded

Only if the rights holder seeks actual damages, which are likely less than the statutory maximum, so no. Otherwise, a non-commercial infringer must pay up to $5000 in total statutory damages, with a $100 minimum, as determined by a judge based on the severity of the infringement(s), burden to the defendant, and impact on the plaintiff.
Quote:
in the case of infringements for noncommercial purposes, the need for an award to be proportionate to the infringements, in consideration of the hardship the award may cause to the defendant, whether the infringement was for private purposes or not, and the impact of the infringements on the plaintiff.

Source
Quote:
Originally Posted by CramComplex View Post

Looks like the Canadian government has already given in to the pressure imposed by our neighbor down south.

No. The US uses a notice-and-takedown system; we use a notice-and-notice system. After a US ISP receives a notice of infringing content, they must quickly take that content down, but a Canadian ISP is only required to pass a notice along to the allegedly infringing party. We also abandoned Lawful Access, a plan to allow law enforcement warrantless access to ISP subscriber data based on little more than a hunch. We are still on the USTR's Priority Watch List, and more... We did cave in on digital locks and anti-camcorder laws, though.

I recommend following Michael Geist's blog to those interested in reading up on Canadian and international Internet policy news from a Canadian perspective. He is a Canadian law professor recognized for his active consumer advocacy in Internet policy. For more information on the policies mentioned in the OP's source, here's some articles: context and list of copyright issues here, short descriptions of new consumer provisions here, plain language explanation here, and comparison between US and Canadian takedown systems here.
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post #34 of 34
thanks for the link's should be interesting reads when i'm able to take a peek at them on a pc thumb.gif
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