Illegal Content Download: All About Possible Sanctions

Most people who download movies, TV shows, music on hacking websites know that this is not a legal practice, but not many people know what they are doing by circumventing human rights laws. ‘author.

Since January 1, 2015, a regulation related to this type of activity came into force in Canada, this is the “notice and notice system”.

The notice and notice regime states that, as a result of a complaint by content rights holders, Internet service providers and search engines are required to send a notice of violation to the offending subscribers.

Submitting a notice of copyright infringement

It is based on the IP address of the user provided by the rights holder that the notice is forwarded by the provider. The latter does not have the right to provide personal information and no fine or prosecution can be included in this notice, it is only a warning to dissuade the user.

However, the situation could be complicated if the rights holder obtains an order from the court to proceed with the prosecution.

In this case, the service provider is in no way liable as he has notified you by sending a notice.

 

It should be noted that these notices must contain certain elements and penalties to which Internet users at fault may be exposed in case of prosecution are much less important than in the United States.

Canadians receiving a notice of rights violation from their Internet service provider should know:

  • The rights holder does not know the identity of the user, only his IP address.
  • The rights holder must obtain an order from the court to initiate proceedings and can not demand payment of a fine without it.
  • In Canada, the maximum penalty for individuals is $ 5,000 and $ 20,000 for a commercial offense (compared to $ 150,000 in the United States).
  • An administration fee may be charged by your Internet Service Provider for sending the notice, but this provision of the law has not yet been ratified.
  • The subscriber’s account is not likely to be deleted.
  • The notice must include the title of the copyrighted work (film, broadcast, song), the IP address used for the illegal download, and the date and time the alleged infringement occurred. .
  • The violation affects only the download of content, not the streaming.

 

In addition, the current conditions of the notice and notification regime do not apply to VPN or Virtual Private Network (VPN) connections, these services enabling users to hide their real IP address in order to access content reserved for certain geographical areas. .

However, there is no evidence that PVRs will not eventually be subject to the same regulations.

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