Canadian BitTorrent Users Targeted for the First Time by Canadian Studio
Yesterday morning, the Federal Court in Montreal ordered the disclosure of the names and addresses of approximately 50 individuals who alleged illegally copied and distributed copyrighted materials belonging to Canadian Film Producer, NGN Prima Productions.
This is the first time a Canadian studio has sought damages in a Canadian court against Canadian BitTorrent users.
View … Court Order, NGN vs Does
As written, the order will compel Canadian ISPs to release identifying information for the customers associated with the infringing IP addresses.
Gathered between September 01 and October 31 using forensic software, the IP addresses were identified as illegally sharing the movie RECOIL using the BitTorrent Protocol, a means of file sharing that`s experienced explosive growth (40% ) in the previous year.
While this is the first time a Canadian Studio has targeted Canadian bitTorrent users, precedent was set last September in Montreal by Voltage Pictures LLC who secured an order that three ISPs release the identities of individuals alleged to have illegally shared copies of “the Hurtlocker” via the BitTorrent protocol. At the time the presiding judge, Justice Shore, quoted the BMG Canada Inc. decision. v. John Doe, 2005 which confirmed:
[...] in cases where applicants demonstrate the legitimacy of their claim that unknown persons violate their copyright, they have the right that the identity of these people is revealed them to be able to sue [...]
This precedent coupled with the Voltage Pictures order in 2011 and again yesterday gives fair indication that Canadian bitTorrent users are every bit as susceptible to lawsuits for illegal file sharing as are their American neighbours. The fact that we haven’t seen illegal downloading as aggressively litigated in Canada should be cold comfort as the appetite for it from rights holders seems to be growing.
- Nov 19 Order … NGN Prima Productions vs Does
- 2011 Order … Voltage Pictures LLC and Mr or Ms Does – Original in French
- 2011 Order … Voltage Pictures LLC and Mr or Ms Does – English Translation