Not so surprising gideongallery is a Canadian - GoFuckYourself.com

Mutt · 07-02-2011, 10:39 AM

I don't think people realize what a joke Canadian copyright law is - i'm sure most assume because Canada is so closely tied to the US that we have a similar law to the DMCA or the DMCA covers Canada as well. The Canadian Copyright Act is absolutely a license to steal - even in the event you were successfully sued the maximum damage awards are a pittance compared to what you would receive in the US.

In 2011, a report by the International Intellectual Property Alliance said:

Overall the piracy picture in Canada is at least as bleak as it was a year ago, and it is cementing its reputation as a haven where technologically sophisticated international piracy organizations can operate with virtual impunity

L-Pink · 07-02-2011, 10:53 AM

Quote:

Originally Posted by Mutt

Overall the piracy picture in Canada is at least as bleak as it was a year ago, and it is cementing its reputation as a haven where technologically sophisticated international piracy organizations can operate with virtual impunity[/B]

Huh ... I wonder what companies they are referring to ........

.

Dirty Dane · 07-02-2011, 11:28 AM

http://torrentfreak.com/canadian-bit...-court-110615/

Socks · 07-02-2011, 12:01 PM

Rest assured, if the US makes a step in any direction, the US will make a "suggestion" that Canada follows suit, or face a basket list of consequences. Therefore, will will do whatever you do.

brassmonkey · 07-02-2011, 12:02 PM

wrong thread

porno jew · 07-02-2011, 12:03 PM

backing up media your purchased in a cloud in order to time shift it = not piracy.

Harmon · 07-02-2011, 12:03 PM

fris · 07-02-2011, 12:04 PM

Quote:

Originally Posted by Dirty Dane

http://torrentfreak.com/canadian-bit...-court-110615/

probably because he shared the file on an actual US based site. if it was canadian based site i think it would be different.

Mutt · 07-02-2011, 12:17 PM

Quote:

Originally Posted by Dirty Dane

http://torrentfreak.com/canadian-bit...-court-110615/

A judgement in a US court against a Canadian - how are they going to collect the money? They will need to file a lawsuit in Canada to collect the money and I'm really not sure about the law regarding a foreigner suing a Canadian for damages awarded in a US court. Maybe somebody here who knows more will comment.

The lawyer for Corbin Fisher says Canada is a signatory to international copyright treaties - methinks that and a dollar will get them a cup of coffee.

Mutt · 07-02-2011, 01:24 PM

Yes, a US judgement against a Canadian can be collected through a Canadian court. This guy might be fucked but at the end of this article it says in recent years Canadian provincial courts are more rigid on what it defines as a 'real and substantial connection' between the US jurisdiction and the Canadian defendant. So in this Corbin Fisher lawsuit the defense would say that California had no real and substantial connection with the copyright infringement committed, the tracker site was Russian based, not in California.

Procedure for Enforcement
An action on a U.S. judgment is usually begun by a writ endorsed with a statement of
claim for the amount of the judgment, interest and costs, and can be pursued by way of a
motion for summary judgment. Lawyer?s fees, court costs and the calculation of interest
are handled in the same manner as any other action. Where a plaintiff is granted an order
for enforcement, the plaintiff will be entitled to an award of costs, which will be assessed
by the court pursuant to tariffs fixed by provincial statute.

The Basic Test for Enforceability
Generally speaking, the enforceability of a U.S. judgment in Canada is determined by
two guiding principles: 1) the foreign court that grants the judgment must have
appropriately exercised its jurisdiction to try the case, according to its own rules; and 2)
in trying the case, the court must have acted in accordance with due process. Where the
defendant is not physically present in the jurisdiction at the time of the action, and has not voluntarily submitted to the jurisdiction, the test for ?appropriately exercised jurisdiction? is whether there is a ?real and substantial connection? between the jurisdiction and the defendant or the subject matter of the action.

Recommended Advice to Clients and U.S. Lawyers
As a result of the changes precipitated by Morguard, Canadians who receive notice that
they are being sued outside Canada are almost always advised to defend the action,
provided they have the financial capacity to do so. Where there is any connection
between the subject matter of the action and the originating jurisdiction, it is too great a
risk to allow the action to go undefended.
That being said, U.S. litigants seeking to have a judgment enforced in Canada are also
recommended to seek advice on the laws of the province in which the motion will be
heard. This is particularly true because Morguard and Hunt have left the question of
enforcement to be decided on a case-by-case evaluation of ?order and fairness?.

Recent
Initially, the generous approach to comity espoused in Morguard made the requirement
of a ?real and substantial connection? relatively easy to meet ? through satisfaction of the
?order and fairness? test. In recent years, however, some provincial courts have
narrowed the scope of what constitutes a real and substantial connection through a more
restrictive conceptual application of the test.6 As the British Columbia Court of Appeal
put it in Braintech, Inc v. Kostiuk, there has been an attempt to put some flesh ?on the
bare bones of ?real and substantial connection?.?7
In Braintech the British Columbia Court of Appeal held that, in the context of an action
for defamation over the Internet, the mere possibility that someone could access comment
on the Internet within the originating jurisdiction was insufficient to establish a real and
substantial connection. The Court required better proof that the defendant had entered
the jurisdiction (in this case Texas) and therefore refused to enforce a default judgment.

07-02-2011, 10:39 AM	#1
Mutt Too lazy to set a custom title Industry Role: Join Date: Sep 2002 Posts: 34,431	Not so surprising gideongallery is a Canadian I don't think people realize what a joke Canadian copyright law is - i'm sure most assume because Canada is so closely tied to the US that we have a similar law to the DMCA or the DMCA covers Canada as well. The Canadian Copyright Act is absolutely a license to steal - even in the event you were successfully sued the maximum damage awards are a pittance compared to what you would receive in the US. In 2011, a report by the International Intellectual Property Alliance said: Overall the piracy picture in Canada is at least as bleak as it was a year ago, and it is cementing its reputation as a haven where technologically sophisticated international piracy organizations can operate with virtual impunity __________________ I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

07-02-2011, 12:02 PM	#5
brassmonkey Pay It Forward Industry Role: Join Date: Sep 2005 Location: Yo Mama House Posts: 77,061	wrong thread __________________ TRUMP 2025 KEKAW!!! - The Laken Riley Act Is Law! DACA ENDED - SUPPORT AZ HCR 2060 52R - email: brassballz-at-techie.com

07-02-2011, 12:03 PM	#7
Harmon ( ͡ʘ╭͜ʖ╮͡ʘ) Industry Role: Join Date: Mar 2004 Posts: 20,005	__________________ [email protected]

07-02-2011, 01:24 PM	#10
Mutt Too lazy to set a custom title Industry Role: Join Date: Sep 2002 Posts: 34,431	Yes, a US judgement against a Canadian can be collected through a Canadian court. This guy might be fucked but at the end of this article it says in recent years Canadian provincial courts are more rigid on what it defines as a 'real and substantial connection' between the US jurisdiction and the Canadian defendant. So in this Corbin Fisher lawsuit the defense would say that California had no real and substantial connection with the copyright infringement committed, the tracker site was Russian based, not in California. Procedure for Enforcement An action on a U.S. judgment is usually begun by a writ endorsed with a statement of claim for the amount of the judgment, interest and costs, and can be pursued by way of a motion for summary judgment. Lawyer?s fees, court costs and the calculation of interest are handled in the same manner as any other action. Where a plaintiff is granted an order for enforcement, the plaintiff will be entitled to an award of costs, which will be assessed by the court pursuant to tariffs fixed by provincial statute. The Basic Test for Enforceability Generally speaking, the enforceability of a U.S. judgment in Canada is determined by two guiding principles: 1) the foreign court that grants the judgment must have appropriately exercised its jurisdiction to try the case, according to its own rules; and 2) in trying the case, the court must have acted in accordance with due process. Where the defendant is not physically present in the jurisdiction at the time of the action, and has not voluntarily submitted to the jurisdiction, the test for ?appropriately exercised jurisdiction? is whether there is a ?real and substantial connection? between the jurisdiction and the defendant or the subject matter of the action. Recommended Advice to Clients and U.S. Lawyers As a result of the changes precipitated by Morguard, Canadians who receive notice that they are being sued outside Canada are almost always advised to defend the action, provided they have the financial capacity to do so. Where there is any connection between the subject matter of the action and the originating jurisdiction, it is too great a risk to allow the action to go undefended. That being said, U.S. litigants seeking to have a judgment enforced in Canada are also recommended to seek advice on the laws of the province in which the motion will be heard. This is particularly true because Morguard and Hunt have left the question of enforcement to be decided on a case-by-case evaluation of ?order and fairness?. Recent Initially, the generous approach to comity espoused in Morguard made the requirement of a ?real and substantial connection? relatively easy to meet ? through satisfaction of the ?order and fairness? test. In recent years, however, some provincial courts have narrowed the scope of what constitutes a real and substantial connection through a more restrictive conceptual application of the test.6 As the British Columbia Court of Appeal put it in Braintech, Inc v. Kostiuk, there has been an attempt to put some flesh ?on the bare bones of ?real and substantial connection?.?7 In Braintech the British Columbia Court of Appeal held that, in the context of an action for defamation over the Internet, the mere possibility that someone could access comment on the Internet within the originating jurisdiction was insufficient to establish a real and substantial connection. The Court required better proof that the defendant had entered the jurisdiction (in this case Texas) and therefore refused to enforce a default judgment. __________________ I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

07-02-2011, 11:28 AM	#3
Dirty Dane Sick Fuck Industry Role: Join Date: Feb 2004 Location: www Posts: 9,491	http://torrentfreak.com/canadian-bit...-court-110615/

07-02-2011, 12:01 PM	#4
Socks Confirmed User Industry Role: Join Date: May 2002 Location: Toronto Posts: 8,475	Rest assured, if the US makes a step in any direction, the US will make a "suggestion" that Canada follows suit, or face a basket list of consequences. Therefore, will will do whatever you do.

07-02-2011, 12:03 PM	#6
porno jew Too lazy to set a custom title Industry Role: Join Date: Nov 2006 Posts: 10,166	backing up media your purchased in a cloud in order to time shift it = not piracy.