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ESA Bullying, Where do I stand(legally)?

Cheator

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Mar 26, 2007
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Location
Ottawa, Canada
Again your logic is skewed because a lot of clients like Warcrafts patch and a few mmorpg games use torrents to allow their large clients to be downloaded.

So what you are saying is we are doing something illegal even tho its legal?

Nope sorry don't buy it.

Torrents are only illegal to upload if you don't own the material you are downloading.

So I go do download Spore tomorrow and let it sit there and upload yes its illegal.

I can take 20 of my dvds rip them to my hdd, set them up on a public tracker and upload the data across the internet and still be legal. The person who is being illegal is the person downloading it from me who doesn't the material.

I could be seeding those torrents so I can grab them elsewhere if I decided to travel.
you're not protected under canadian law if you do that. If you read the news as well as the law you'll see that this is true.

Theres actually been a few cases of people being found guilty as well.
 

Jon_di2

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Jul 16, 2008
Messages
876
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Toronto, Ontario
But isn't it legal if you own the game, but downloading it for backup purposes? Same as the idea of using roms, no need to have a disc to play the game.
No. It is still illegal to download the material even if you own the game. It is legal for you to make a back up copy of your own disk. But it is not 100% legal for you to use a P2P network to obtain a copy, even if you own a legitamate copy of the game.

... I'm sure you could go on the ESA's website to read up on their interpretation of this law (which would probably sound somewhat as I've stated it). But I dont think there is legal precident to actually base this on. So... your taking your chances if you download a back up copy.
 

Cheator

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Joined
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Messages
1,089
Location
Ottawa, Canada
No. It is still illegal to download the material even if you own the game. It is legal for you to make a back up copy of your own disk. But it is not 100% legal for you to use a P2P network to obtain a copy, even if you own a legitamate copy of the game.

... I'm sure you could go on the ESA's website to read up on their interpretation of this law (which would probably sound somewhat as I've stated it). But I dont think there is legal precident to actually base this on. So... your taking your chances if you download a back up copy.
Think back to 2003 :)


Canada deems P2P downloading legal - CNET News
 

Dashock

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Nov 22, 2007
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Location
Toronto
Man i am soo glad i left Rogers but that is basically why the put a cap on accounts stupid rogers. Im glad i switched to Teksavvy FRACK rogers!
 

Chilly

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Sep 9, 2007
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2,638
Location
Ontario
BAH

people here are CONFUSING CIVIL vs CRIMINAL, as far as I know no one has EVER been *criminally* tried in Canada for dling or using p2p. Being found guilty in a civil case just means party A had better info/proof than party B, doen't mean party A is right. Criminal cases = police record, arrests, etc, Civil cases = your brother *says* you stole his TV and sues you.
 

Cheator

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Joined
Mar 26, 2007
Messages
1,089
Location
Ottawa, Canada
BAH

people here are CONFUSING CIVIL vs CRIMINAL, as far as I know no one has EVER been *criminally* tried in Canada for dling or using p2p. Being found guilty in a civil case just means party A had better info/proof than party B, doen't mean party A is right. Criminal cases = police record, arrests, etc, Civil cases = your brother *says* you stole his TV and sues you.
Semantics aside its against the law. Tat was the point being made, anyway. :canadianwave:
 

Digitaldemon

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Nov 23, 2007
Messages
295
Location
2 miles south of heaven.. east of eden
In the Canada, downloading is deemed legal, while uploading is not, the torrent issue at hand is causing major headaches, due to the fact that your dl and uling info.

This also cause applications such as steam, blizzards torrent, and any file sharing in jeopardy.

I don't know if any of you are aware of the proposed changes... but they are coming to Canada...

As for the isp thing... umm that was decided on in a BMG vs Doe

[Justice von Finckenstein held that the ISP could not be compelled to divulge their user information. He noted that there was no evidence that the files being downloaded were illegal. (para. 18) CRIA had only been able show that the users made copies available on their shared drives. CRIA also failed to show that there was no alternative to gain the requested information. (para. 31) Von Finckenstein concluded that the plaintiff was unable to show that the importance of the disclosure outweighed the importance of the right to privacy./QUOTE]
Office of the Commissioner for Federal Judicial Affairs - (Reports)

The new laws being proposed, states that we in Canada will more or less have our pants down and ready for a prostate exam if the government feels paranoid about your files being shared.. ie the big patch from wow or the maps from ut2k...:angry2:

Bill C-61 spells out consumers' rights in how they are allowed to copy media and clears up some grey areas. Existing laws do not specifically allow consumers to copy books, newspapers, periodicals, photographs, videocassettes and music. The new bill would expressly allow them to make one copy of each item per device owned, such as a computer or MP3 player. The bill would also expressly allow consumers to record television and radio programs for later viewing.
The Conservatives' bill, however, also contains an anti-circumvention clause that will make it illegal to break digital locks on copyrighted material, which critics say could trump all of the new allowances. CD and DVD makers could put copy protections on their discs, or television networks could attach technological flags to programs that would prevent them from being recorded onto TiVos and other personal video recorders.
Cellphones would also be locked down, so when consumers buy a device from one carrier, they would be unable to use it with another. Breaking any of these locks could result in lawsuits seeking up to $20,000 in damages.

Copyright law could result in police state: critics

Michael Geist - The Canadian DMCA: Check the Fine Print


globeandmail.com: So what's in the new copyright bill?


Yes by you downloading it... could cause headaches.. can they touch you in Canada no...
 

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