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But he is concerned about privacy: What information are the ISPs passing along to the industry groups? Both Rogers and Telus maintain they do not pass any personal information, such as user name or address, to any of the groups initiating the notice e-mails.
The notice program in effect in Canada is essentially a tool to alert users that they are downloading what the industry groups see as copyrighted material. Even though tens of thousands of e-mails have been distributed over the last few years, no one has been prosecuted for copyright violation as a result of the notices.
There, when an industry group notices an alleged copyright violation, an e-mail similar to the ones being sent to Canadian users is forwarded to the American ISP. This isn't the KGB. Logan declined to say how much money Canipre has collected in fees and said the company stopped sending these types of notices in early , due to concerns expressed by the government. He said he's not disappointed by the new amendments because Canipre's notices requesting fees achieved its goal by educating people about the repercussions of piracy.
Canipre said it has stopped sending requests for cash, but some major ISPs fear the new amendments may not be enough to stop a company that defies the rules. In a recent submission to the government's standing committee on industry, science and technology, a group involving six major ISPs including Bell, Rogers and Telus, asked for additional amendments to toughen up the government's rules.
BCBC recommends the government also mandate a standardized piracy notice that senders must adhere to, which would help eliminate the risk of non-compliant notices slipping through. Even Canipre's Logan said he's fine with a standardized notice format — as long as it can still contain information about the legal ramifications for illegally downloading content.
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Three weeks later, she received an email from her internet provider, Bell, letting her know that HBO had caught wind of her illegal downloading and it constituted possible copyright infringement. Why was I the only one they contacted? Privacy lawyer David Fraser says the notices serve as a warning and a wake-up call to internet users.
The rights holder can, however, go to the courts to request the names associated with IP addresses and launch a lawsuit. And while the penalties for illegal downloading in the United States can reach the millions, the damages for copyright infringement in Canada is much less. Penney says if a notice recipient believes they received the notice in error and that their activity is legal, the recipient should seek legal advice.
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