E-mail Warnings deter Canadians from Illegal File Sharing

The entertainment and software industries have found an effective tool to deter some Canadians from downloading TV programs, movies, music and software. And it doesn't involve going to court. A number of industry groups, mostly based in the United States, are relying on e-mail to get the message out that peer-to-peer file sharing is illegal. Thousands of the e-mails are being sent to Canadian users each month under a program known as "notice and notice." Major Canadian internet service providers including Rogers, Bell and Telus have voluntarily agreed to distribute the notices to their customers on behalf of the industry associations. Telus forwards an average of 4,000 notices every month.

Stephen Harrington received a notice late last year after downloading a computer game from a bit torrent file-sharing site. (Bit torrent sites are used to share larger files, such as movies.) Harrington wanted to play the game with his friends, liked it, and purchased it a few days later.

View: Full Story
News source: Canadian Broadcasting Corporation

Report a problem with article
Previous Story

mliPod (Winamp iPod Plugin) 2.02

Next Story

RyanVM Update Pack 2.17

76 Comments

Commenting is disabled on this article.

^^^ This last post has really pulled all the elements of the post together. ISPs, rights issues, Canada-US differences

It's highly humorous that an American says they "don't even have charter anymore," since the Charter is the colloquial term for the Canadian version of the Bill of Rights. I'd certainly agree that the US doesn't have it any more...!

Umm i get thease from Charter in the states on a regular basis, the funny part is i dont even have charter anymore, and the account three refering to is supposed to be OFF!

It would be many years before anything is done with regards to copying music and movies in Canada. The Canadian Government has better things to do then worry about piracy for personal use. Let me put it to you this way. If you were to drag someone who copied movies into a police station in Canada, and tried to turn them in, the officers would laugh their asses off and arrest you for wasting their time. Hell, even police officers copy movies and music here in Canada. The RIAA and MPAA need to realize they are fighting a losing battle in Canada. Besides, they are "American" (and I mean United States of America) companies. This is why the Canadian Government doesn't give a rat's ass.

By the way, it's funny how this thread turned into a US vs. Canada debate.

except for last sentence i agree.

current federal gov't cares about relations with the states and commercial interests.


changing the rules on fair use to suit overzealous foreign interests to allow those foreign interests to litigate against citizens for sharing that which is difficult they didn't acquire legitimately under the rules of fair use in this country is a waste of their time and not on the agenda.

piracy where someone is reselling the copyrighted material however is prosecutable, and is prosecuted here.

I know many who got this e-mail and many times over the year, they can't do anything as the laws aren't there to charge us.

One more reason to stop using Telus as an ISP, Apparently Shaw is the only broadband ISP provider who is noy allowing the RIAA and MPAA to spam their customers.

I've received many emails from Telus about file sharing. They are just warnings. Still, stopped me from downloading for awhile.

ahh thank god i don't have to worry about any of this spam crap.. Since none of them are my isp :)

Oh telling people about file sharing is pretty much helping the P2P networks out.. like example: out of them 4,000 notice how many of them didn't even know about file sharing? geez over half of them people who got it might not even knew about it.. So that's just another 2,000 people who joined the P2P network..

Lol these companies are wasting their time with this stupid movement. File sharing will never be stopped so there is no point trying to stop it.

Hmmm isn't them mass spam emailing about this more illegal than what there trying to prevent.

I'm sure I read a news article a few days ago that a spammer got 5 years in jail for spamming.

I would laugh if this lot & RIAA would get put in jail for mass spamming

I've got plenty of these. They're really annoying. I got one for downloading a NoCD crack for Starcraft. I wasn't even downloading the game (I own it), the disc is just really, really old and was starting to give read errors making it impossible for me to play. I also got one once when I was downloading a Linux distro, which makes no sense to me. It seems like they have bots go around and start downloading stuff off of you. If these bots get a file that has a word in it that's on their keyword list they send out an automated email. I got another one while downloading the Linux super gamer liveCD.

geoken said,
I've got plenty of these. They're really annoying. I got one for downloading a NoCD crack for Starcraft. I wasn't even downloading the game (I own it), the disc is just really, really old and was starting to give read errors making it impossible for me to play. I also got one once when I was downloading a Linux distro, which makes no sense to me. It seems like they have bots go around and start downloading stuff off of you. If these bots get a file that has a word in it that's on their keyword list they send out an automated email. I got another one while downloading the Linux super gamer liveCD.

And then of course there are the game companies that block use of the original CD/DVD if you have CD/DVD emulation software installed like Alcohol 120%, like Electronic Arts for example. Just because I use such software I had to download a crack for Black and White, which I legally owned and had in fact just bought. The disk was brand new.

Now getting mailed for downloading a FREE Linux distro? Ridiculous.

I don't think any of the smaller ISP's are doing this. I know a guy who works at my local ISP and he's never seen any e-mail regarding piracy or anything of the like.

doesn't look like shaw is doing this yet (no emails here yet), all shaw does is complain I have excessive usage at just under 300gigs (up/down) a month. Babies :P

lol ******. if it wasn't for rogers throttling bittorrent traffic, i'd be up there with ya. down with rogers!!!!!!! time to hit up DSL again me thinks.

cooljerk_dv said,
doesn't look like shaw is doing this yet (no emails here yet), all shaw does is complain I have excessive usage at just under 300gigs (up/down) a month. Babies :P

shaw isn't interested in being your father, they're interested in earning your money for the service they provide.

i had a an issue with an mmo not pinging through, so i called both tech supports. game company said it was shaw blocking the ip's, shaw said they don't block any ip ever, that's why people have firewalls.

People have been put into prison for less...

Just another case of "Its fine when officials does is, but god help us if anyone else does"

bmaher said,
Isnt this basically SPAM on a huge scale...

Why SPAM bad? because a person sending out thousands of emails virtually uses a lot more of ISP's resources than he/she should; plus the inconvinience for the ones who receive it.

This case here is NOT spam, since these companies are ISP's and they own the network; they can choose any means available to them to commuicate with thier customers, including mass emails.

Stephen Harrington received a notice late last year after downloading a computer game from a bit torrent file-sharing site. (Bit torrent sites are used to share larger files, such as movies.) Harrington wanted to play the game with his friends, liked it, and purchased it a few days later.

thats why we have demos.. but some games don't come out with demos. the vast majority of people download games of bittorrent because they refuse to pay, or are to cheap to afford it.

lylesback2 said,
thats why we have demos..

To be honest, I personally find most game demos are pretty poor at demonstrating the full game. As an example, I got a demo of the Sims 2 with my PC Mag which I tried to see what the fuss was about - all you could do was create a 3D character, and change their outfits a little bit. I've seen free Flash games online that do more than that, and this was supposed to be demonstrating a popular commercial game...

Im glad Canadian companies have the decency not to sue everyone in their path and I think these emails might actually prove to be affective for many people, maybe the RIAA can take an example from this.....

That's what I do. I download music using programs like Limewire. For example, one song of a new album. If it is to my liking, I will go out and buy that album. I like to try before I buy. If a game company haven't released a demo of a new game, I will either borrow the full game off a friend, or play it at their place, failing that download it. If I like it, I do purchase it. It's not like I'm downloading thousands of full albums, games and films and making hundreds of copies of them all and sell/give them away to my mates.

Funny how Canadians have more real freedoms and rights than Americans have. And Americans are losing more and more of them each day. I think I'll have a Cuban cigar.

Foub said,
Funny how Canadians have more real freedoms and rights than Americans have. And Americans are losing more and more of them each day. I think I'll have a Cuban cigar. :)

how true.

I heard it had something to do with how each country got started. American Revolution vs. Confederation, would explain why Americans are naturally a bit more aggressive. So legal companies are getting more aggressive there too and it's an arms race between them and the smart pirate.

Foub said,
Funny how Canadians have more real freedoms and rights than Americans have. And Americans are losing more and more of them each day. I think I'll have a Cuban cigar. :)

Um Canadians are Americans...

JaredFrost said,

You couldn't be more wrong, so I'll pretend you didn't even say it.


You really have no clue what neufuse is talking about, do you? Why do citizens of the US refer to themselves as the ONLY Americans? Canada and Mexico (as well as others) are part of the same America too. Get it yet? We really need to start spending more money on education.

lbmouse said,

You really have no clue what neufuse is talking about, do you? Why do citizens of the US refer to themselves as the ONLY Americans? Canada and Mexico (as well as others) are part of the same America too. Get it yet? We really need to start spending more money on education.

Perhaps you are technically right, but I think you'd have to be a massive idiot to think when someone mentions Americans and you think someone from Mexico or Canada. Mexicans, and Canadians. What are they are called? United Statesions? They are Americans and only them, perhaps you should spend less time being a smartass and actually paying attention to the world.

Xero said,
What are they are called?

<inappropriate answer>

I was just helping the lad (the one that said,"You couldn't be more wrong, so I'll pretend you didn't even say it." ) understand that neufuse wasn't making an insult towards Canadians.

"We really need to start spending more money on education."

Are you first in line for that funding?

American citizens and Canadian citizens are... *gasp*... citizens of different countries?! Wow!

And no one said Neufuse was making insults.

billyea said,
I heard it had something to do with how each country got started. American Revolution vs. Confederation, would explain why Americans are naturally a bit more aggressive. So legal companies are getting more aggressive there too and it's an arms race between them and the smart pirate.

That was always my theory explaining the fundamental social differences between America and Canada. A necessary difference in the countres' origins that got ingrained in their respective national psyche.

You really have no clue what neufuse is talking about, do
I was just helping the

While I knew that, and usually go into a rant myself about how American's call themselves American
when America is a continent and not the name of their country, at the time of posting that I'll admit
it didn't cross my mind he was referring to the continent and not the generally accepted name for
people who are from the USA, and while I was nowhere near insulted by -neufuse-, thanks for trying
to clear that up.

lbmouse said,
You really have no clue what neufuse is talking about, do you? Why do citizens of the US refer to themselves as the ONLY Americans? Canada and Mexico (as well as others) are part of the same America too. Get it yet? We really need to start spending more money on education.

With all due respect, where one is from dictates how one generally interprets who "American" applies to.

Yes, technically speaking, the majority of the western hemisphere's population can be called "American", and it wouldn't necessarily be incorrect to do so.

However, it is by no means just citizens of the US refer to themselves as the ONLY Americans. As possibly evidenced from JaredFrost's comment, many Canadians may resent being called "American", most often in order to differentiate themselves from the US. Numerous other countries around the world apply "American" to just the U.S.

On the flip side of things, many in Latin America are offended that "American" doesn't apply across-the-board (US travelers are often instructed to not refer to themselves as "American", as people there consider themselves Americans as well & may view it as an offensive hijacking of the word). And just the same, numerous other countries around the world apply "American" to the people of both N. & S. American continents.


Geographical semantics... no one is going to win this one.

Xero said,

Perhaps you are technically right, but I think you'd have to be a massive idiot to think when someone mentions Americans and you think someone from Mexico or Canada. Mexicans, and Canadians. What are they are called? United Statesions? They are Americans and only them, perhaps you should spend less time being a smartass and actually paying attention to the world.

We're called U.S. citizens... Like Canadian and Mexican citizens. Don't forget all the people in Brazil, Chile, et al are Americans too!

neufuse said,
Um Canadians are Americans...

Hardly. We have our own culture and social standards. Canadians live longer on average and we have a better educational system (USA 18th place, Canada 4th place in world), and our society is far less violent as well. Out of 32 to 36 million people we have only around 500 murders per year on average and that is on decline.

lbmouse said,

You really have no clue what neufuse is talking about, do you? Why do citizens of the US refer to themselves as the ONLY Americans? Canada and Mexico (as well as others) are part of the same America too. Get it yet? We really need to start spending more money on education.

That's NORTH America. There is also SOUTH America as well. Those are their PROPER names, Part of the Americas. They're TWO continents. Americans should study a bit more geography.

@Xero

I am sorry that I disparaged you. You are not an asshat (don't know you). Sorry, but 'Americans' are anyone from the western hemisphere (north, central, or southern). That was I was trying to educate the lad about.

Xero said,
...

What are they are called? United Statesions?

...

Just an interesting fact behind the sensitivity with the term 'American' in Spanish-speaking regions of the Americas, there is a seperate word used, "estadounidense" (Los Estados Unidos = The United States) that literally translates to something like "United Statesion" and is considered more proper and specific than "americano".

Foub said,

Hardly. We have our own culture and social standards. Canadians live longer on average and we have a better educational system (USA 18th place, Canada 4th place in world), and our society is far less violent as well. Out of 32 to 36 million people we have only around 500 murders per year on average and that is on decline.

our public school is garbage no matter where you go. seriously.

50% pass and incompetent unprofessional "teachers". i left high school because it was wasting my time academically.

neufuse said,

Um Canadians are Americans...


no americans are united states citizens --> see popular vernacular definitions inherent in non dead languages (such as latin).

when people in china/france/turkey/timbuktu say "american" they mean united states citizens, not canadians or mexicans.


to further emphasize the difference:
terrorists release canadian hostages, they behead american hostages. see isn't that easy then?

Xero said,

Perhaps you are technically right, but I think you'd have to be a massive idiot to think when someone mentions Americans and you think someone from Mexico or Canada. Mexicans, and Canadians. What are they are called? United Statesions? They are Americans and only them, perhaps you should spend less time being a smartass and actually paying attention to the world.

In Puerto Rico we call them Gringos, Yankees, "Estadounidenses" (something like Unitedstaters) and North Americans (sorry Canadians, we don't mean to offend). But is common knowledge that those who reside in te Americas, be it North, South, Central or Latin, are all americans.

Mr.Ed

The entertainment and software industries have found an effective tool to deter some Canadians

Who says it's effective?

Hmm, all I can say is that this strategy hasn't been effective anywhere else in the world so far.

It has been tried many, many times before.

The thing is, even actual lawsuits aren't effective in deterring the masses.

"Harrington says he has not downloaded material using peer-to-peer sites since he received his e-mail notice"

While I think this is a better approach than that of the RIAA I think all it's done is create a smarter pirate
wising up to the fact they shouldn't be using peer-to-peer.

JaredFrost said,
"Harrington says he has not downloaded material using peer-to-peer sites since he received his e-mail notice"

While I think this is a better approach than that of the RIAA I think all it's done is create a smarter pirate
wising up to the fact they shouldn't be using peer-to-peer.

Hate tp say it, but this is probably true. Most of the e-mailed people actually downloading stuff probably were using public torrent sites, and not using IP filtering such as Protowall, PeerGuardian, ipfilter.dat or the like.

All this is likely to do is to change HOW they download stuff and from where, not IF they do...

It is, but it won't be effective, most people will just laugh it off like when they show those anti piracy ads before movies. Besides most people who do it know its illegal, its not like they had no idea.

Still not illegal to download in Canuckistan, only to share. I just think about the wasted efforts and the wasted resources of their exchange servers...

Astral said,
Still not illegal to download in Canuckistan, only to share. I just think about the wasted efforts and the wasted resources of their exchange servers...

And being a Canucklehead, I object to the use of "Canuckistan" as it denotes some kind of Communistic Republic. You may be unaware that our country is headed by a minority Conservative government for the last six months or so, by all signs headed to a majority Conservative government by summer, and even when the Liberal Party was in power, they are the CENTRIST party in Canada. If you want true left-wing-pseudo Communist, you have to go to the New Democrat Party, currently looking at about 5% support in the polls. A distant third.

Oops, someone forgot to check facts before opening their mouth again.

Stealing in Canada is... yep, stealing. It's a crime and it's not Ok.

The difference is, in Canada, ISPs are not required to share their customer information with authorities on suspected activity unless it is other areas like suspected kiddie porn.

Just because Canadians can't really be caught (for now) doesn't mean its not a crime.

SquareSoftO said,
or the 51st state?

Neither America Junior nor the 51st state are any better than Canuckistan as Canadians are fundamentally different than Americans socially speaking.

C_Guy said,
Oops, someone forgot to check facts before opening their mouth again.

Stealing in Canada is... yep, stealing. It's a crime and it's not Ok.

The difference is, in Canada, ISPs are not required to share their customer information with authorities on suspected activity unless it is other areas like suspected kiddie porn.

Just because Canadians can't really be caught (for now) doesn't mean its not a crime.

But file sharing is not stealing

krasch said,

And being a Canucklehead, I object to the use of "Canuckistan" as it denotes some kind of Communistic Republic. You may be unaware that our country is headed by a minority Conservative government for the last six months or so, by all signs headed to a majority Conservative government by summer, and even when the Liberal Party was in power, they are the CENTRIST party in Canada. If you want true left-wing-pseudo Communist, you have to go to the New Democrat Party, currently looking at about 5% support in the polls. A distant third.

Actually it doesn't denote anything related to communism, it just means "place"

cycro said,

Actually it doesn't denote anything related to communism, it just means "place"

Exactly. Just because there were a few Soviet republics (Kazakhstan, Tajikistan, Uzbekistan, Kyrgyzstan), it doesn't give *stan any communist connection. Pakistan is an example.

C_Guy said,
Oops, someone forgot to check facts before opening their mouth again.

Stealing in Canada is... yep, stealing. It's a crime and it's not Ok.

The difference is, in Canada, ISPs are not required to share their customer information with authorities on suspected activity unless it is other areas like suspected kiddie porn.

Just because Canadians can't really be caught (for now) doesn't mean its not a crime.

Downloading for personal use is not illegal in Canada. We pay a tariff on recordable media that is given to the artists in question. Smoking Cuban cigars is a crime in the USA while it isn't up here as well.

Foub said,
Downloading for personal use is not illegal in Canada. We pay a tariff on recordable media that is given to the artists in question. Smoking Cuban cigars is a crime in the USA while it isn't up here as well.

Exactly. It was ruled that downloading music is no different than going to the library and photocopying a book that you need; not illegal. Plus, since we are forced to pay the copyright levy, it fully justifies downloading any music we want.

Btw, the "stan" prefix means "home of" in Persian, so I fail to see how this is insulting, maybe the people who posted that should educate themselves before talking.

C_Guy said,
Oops, someone forgot to check facts before opening their mouth again.

Stealing in Canada is... yep, stealing. It's a crime and it's not Ok.

The difference is, in Canada, ISPs are not required to share their customer information with authorities on suspected activity unless it is other areas like suspected kiddie porn.

Just because Canadians can't really be caught (for now) doesn't mean its not a crime.

In regards to the file sharing of music, you are wrong.

The Copyright Act contains a special exception for "private copying": it permits the copying of music files "onto an audio recording medium for the private use of the person who makes the copy", but does not permit copying for the purpose of "distributing" or "communicating to the public by telecommunication" (s.80). It is generally accepted that downloading music for personal use is legal under this section. However, the record industry disputes this on the basis that a computer's hard drive does not constitute an "audio recording medium".

According to the Federal Court, in a decision issued by Justice von Finckenstein on March 31, 2004, neither downloading a song for personal use nor merely making that file available to others to download from your computer (without some more active sharing activity) amounts to infringement under Canadian copyright law. The court ruled that "the mere fact of placing a copy on a shared directory in a computer where that copy can be accessed via a P2P service does not amount to distribution" or "authorization of the reproduction of sound recordings" under the Copyright Act. However, this decision has been appealed to the Federal Court of Appeal, so the issue remains in legal limbo. See CIPPIC's webpage on File-sharing lawsuits for more information on this case.

SquareSoftO said,#1.4]or the 51st state?
Neither America Junior nor the 51st state are any better than Canuckistan as Canadians are fundamentally different than Americans socially speaking.


Stop bashing Canadians here, it is way out of context. We are proud to be called Canadians. Please get on with the topic of discussion and not digress to stoke needless opinions. This is a good forum.
Peter

SquareSoftO said,#1.4]or the 51st state?
Neither America Junior nor the 51st state are any better than Canuckistan as Canadians are fundamentally different than Americans socially speaking.


Stop bashing Canadians here, it is way out of context. We are proud to be called Canadians. Please get on with the topic of discussion and not digress to stoke needless opinions. This is a good forum.
Peter

purush said,
SquareSoftO said,#1.4]or the 51st state?
Neither America Junior nor the 51st state are any better than Canuckistan as Canadians are fundamentally different than Americans socially speaking.


Stop bashing Canadians here, it is way out of context. We are proud to be called Canadians. Please get on with the topic of discussion and not digress to stoke needless opinions. This is a good forum.
Peter

I'm not, I AM Canadian myself. Canadians do tend to behave differently from Americans in a social aspect, and that's my point for why "America Junior" or "The 51st State" are such inappropriate terms.

Zhivago said,

Exactly. Just because there were a few Soviet republics (Kazakhstan, Tajikistan, Uzbekistan, Kyrgyzstan), it doesn't give *stan any communist connection. Pakistan is an example.

Yes and no.

There admittedly ARE non-Soviet "stan" republics.

But common colloquial usage of a fake "stan" like "Canuckistan" does tend to denote such a Communist locale. The colloquial usage does of course differ from a proper dictionary definition, but that isn't at all unusual for a colloquial term.