We have a notice! Let’s rip it to shreds.

notice thisThe entire editorial team and staff here at AM.com have been anxiously waiting for someone to forward them a notice that they received through their ISP under the new notice and notice regime. Well, jackpot! We received one about a month ago, and since then we have received several more. A very kind person has allowed me to reprint it here, as a public service. And I will be ripping it apart.

So first let me sincerely thank the person who is allowing me to reprint this. I obviously will not be revealing his or her name, so let’s call them Mrs. X. No wait, Deep Throat. No wait, Joey Jo-Jo Junior Shabadoo. Let’s go with that. I’ll be deleting any personal information from the notice so you, or anyone else, will not be able to track Joey down. Also the editors of AM.com have asked me to tell you that Joey has reviewed and approved this blog post before it was posted.

Next, let me say I have received several communications since I got Joey’s notice from people who have received the exact same one. The notices are all from CEG TEK, and Michael Geist has already written about this and reproduced the notice. The notices I have seen are essentially identical to the one Mr. Geist reprinted. Given the number that I have now seen or heard about, it is not a stretch to agree with him that CEG TEK is sending out thousands of these notices. Virtually no cost to CEG TEK, let’s hit up some people for money while misinforming them. Nice scam.

So maybe you haven’t heard about the notice and notice regime. If so, where have you been? Obviously not reading this blog. Anyway, go watch me on TV to learn about it if you have to. Or if you’re too lazy to do that, in one sentence: under the Copyright Act, Canadian ISP’s are required to forward notices of alleged copyright infringement to their customers who may have been responsible for the copyright infringement, usually illegal downloading of something. That’s it! We’ll digest some of the details of the regime as we digest the notice. Just about every word of the notice will be printed here, in its original order, albeit broken up. So it’s gonna be long! Hang in there. Let’s do this thing.

So first, there is an introductory part from Joey’s ISP. Anything in square brackets is hiding some info.

From: Copyright Notification <copyright@[ISP.ca]>
Date: [Date]
Subject: Important notice regarding your Internet activity [six digit number]
To: [Joey]

The Government of Canada requires by law that all Internet Service Providers (ISPs) let their clients know when content owners contact them about possible unauthorized use of the content owner’s material such as illegal downloading of music, videos and games. As a result, we must let you know that we have received the below notification related to your account.

We want to assure you that [ISP] as your Internet Service Provider played no part in the identification of possible unauthorized use of content but are only passing on the owner’s message as required by law.

If you have any questions or need clarification please contact the content owner directly. For more information on why you received this notice visit http://news.gc.ca/web/article-en.do?nid=858069 .

Thank you for your cooperation.

Well that’s nice of the ISP to say “we had nothing to do with this!” Also a link for more information. They should have just linked to me! And a pleasant thank you even. Anyway, nothing wrong here. No blame at all to the ISP (in this case!). They are just following the law. Now let’s dive in.

—–BEGIN PGP SIGNED MESSAGE—–
Hash: SHA1

***NOTE TO [ISP]: Pursuant to the provisions of Sections 41.25 and 41.26 of the Canada Copyright Act, please electronically forward as soon as feasible the entire copyright infringement notice set forth below to the ACCOUNT HOLDER OF IP ADDRESS [xxx.xxx.xxx.xxx] at [Date] [Time] and inform us on behalf of Rights Owner once it has been forwarded or (if applicable) the reason it was not possible for you to do so.**

Well nothing wrong so far. Just repeating the law, telling the ISP what they have to do. I think the ISP knows! I will point out that the [Date] is some time in January. The notice and notice regime came into effect January 2nd. These guys were ready to pounce. Next, let’s get down to business:

[Date of Notice]

NOTICE TO [ISP] ACCOUNT HOLDER
IP ADDRESS [xxx.xxx.xxx.xxx] at [Date] [Time]

Re: Notice of Unauthorized Use of Copyright Owned by [Rights Holder], Case #: [seven digit alphanumeric string]

This notice is intended solely for the primary [ISP] service account holder.

CEG TEK International (“CEG”) is the agent for [Rights Owner] (hereinafter “Rights Owner”) whose address is [Address in the USA]. All communications with [Rights Owner] with respect of this notice should be made to our attention as its agent. CEG’s contact information is shown below.

Rights Owner owns all right, title and interest, including copyrights, in and to the work listed below (hereinafter the “Work”).

Some interesting facts here. First, it’s not the Rights Owner sending the notice. They have contracted out to a 3rd party to go after the downloaders. “You can just deal with us!” No doubt the 3rd party is taking a cut of the settlement money they are trying to get. Also, everyone is in the USA. Americans using the Canadian law to their benefit. OK the “Work”:

Evidence:
Work Title: [title]
Copyright Owner: [Rights Owner]
Unauthorized File Name: [title within the file name]
Unauthorized Hash: [alphanumeric hash string]
Unauthorized File Size: [a Gb or two, video file size]
Unauthorized Protocol: BitTorrent
Timestamp: [Date and time in January]
Unauthorized IP Address: [xxx.xxx.xxx.xxx]
Unauthorized Port: [five digit port number]

The following files were included in the unauthorized copying, performance, and/or distribution:

[List of several files, all ending in .mp4, a video filetype]

Sorry for all the blanking out. I’m like the FBI responding to a Freedom of Information Act request. Anyway, it was video downloaded by BitTorrent. While technically the Notice and Notice regime could apply to several copyright infringement situations, the notices I have seen (and Geist’s) were all BitTorrent video downloads. It goes on:

[Rights Owner] is the sole and exclusive owner and distributor of the Work in Canada, and at no time have you, or anyone using your account, received authorization or consent to download or distribute Rights Owner’s exclusive property.

Well duh. I like that they slip the “anyone using your account” in there. This is in response to a common defense to downloading cases – “It wasn’t me! It was my neighbour stealing my wi-fi!” “It was my asshole brother-in-law visiting from Cleveland!” CEG TEK doesn’t give a fuck about that. Also note the “or distribute”. That’s going to be important in a minute.

Your ISP has forwarded this notice to you pursuant to provisions of the Canada Copyright Act

Yeah we know that already. Now, pay attention to this next part, which is all sorts of misleading:

In Canada, the unauthorized copying, performance, and/or distribution of Rights Owner’s Work is illegal and is subject to civil sanctions (with statutory damages of up to $5,000 or non-statutory damages that could be higher)…

Nice of them not to mention that the statutory damages could be as low as $100. And “non-statutory damages that could be higher” is technically true maybe if the person is performing or distributing the Work. No one using BitTorrent is performing or distributing. This is bullshit. And in fact, their own statement admits as much if you think about it. The Act provides that the $5000 max is for “non-commercial purposes” (section 38.1(b)). If CEG TEK truly believed that Joey was performing or distributing, this would be “commercial purposes” where the max statutory damages is $20,000. You think they would have used that bigger number! Also note that for the “non-statutory damages” you’d have to show things like lost profits. What are the lost profits for downloading a movie and watching it? Best I can come up with is $20 for a lost DVD sale. Point is, this is crap. Now get ready for the real crap:

…and/or criminal sanctions…

Oh fuck me. This is the phrase that is undoubtedly freaking out recipients of the notices. Let’s be clear about something – you will not go to jail or have any other criminal sanction for downloading a movie via BitTorrent and watching it. I cannot stress this enough. Admittedly, there are in fact ways you can go to prison for copyright infringement. In the Criminal Code, there is a provision (s. 432) that you can go to jail for illegally bootlegging a movie in a movie theater (really! even though George Costanza only got a fine). And the Copyright Act has criminal provisions as well. Here they are go read them. Now read them again. What do you see? Distribute. Sell. Rent. Exhibit in public. Possess for the purpose of sale. Export or import for the purpose of sale. What don’t you see? Downloading a movie and watching it. Remember earlier in this now very long post when I said CEG TEK writing “or distribute” would be important? This is why. They wrote it so what they wrote later like this criminal sanction crap would be technically accurate and not a lie. But it is serious BS. It is a scare tactic designed to scare people into settling. Scary!

Let’s continue:

…and is a violation of the Canada Copyright Act (R.S.C., 1985, c. C-42). The recent amendments to the Copyright Act, which came into force on November 2012, have confirmed Rights Owner’s right to have its copyright protected in Canada.

Moreover, such copying, performance and/or distribution of unauthorized works may also violate (i) the Berne Convention for the Protection of Literary and Artistic Works, (ii) the Universal Copyright Convention, (iii) bilateral treaties with other countries (including Canada), and/or (iv) the copyright laws of Canada.

Talk about scare tactics. You are violating international treaties! You are destroying the world economy! OK so we are scared now. What can we do?

If you have questions about your legal rights, you should consult with your own legal counsel (i.e., barrister, solicitor, lawyer, and/or attorney).

Always good advice! Thank you CEG TEK for the referrals. But really CEG TEK, what can we do?

CEG HAS BEEN AUTHORIZED BY RIGHTS OWNER TO OFFER A SETTLEMENT SOLUTION TO RESOLVE THIS MATTER AND PREVENT LEGAL ACTION. (Caps lock in original)

And there we have it. We have scared the crap out of you with big money and jail time. But you can prevent all that! For a small fee!

You have until [Date one month after the notice date] to access the settlement offer and settle online. To access the settlement offer, please visit https://www.copyrightsettlements.com/ and enter Case #: [alphanumeric string] and Password: [p/w]. To access the settlement offer directly, please visit [specific link to settlement site]

Settlement Information:
Direct Settlement Link: [specific link to settlement site]
Settlement Website: https://www.copyrightsettlements.com/
Case #: [alphanumeric string]
Password: [p/w]

We want to make sure you know you can settle now, so we’re giving you the information to log on twice!

If this matter is not resolved by the date shown above, the original settlement offer will no longer be an option and any future resolution may require an increased payment from you.

Act quickly! The price will go up!

In the event that Rights Owner proceeds with legal action against you, you will be required to produce all relevant documents, including electronic documents and files that bear on Rights Owner’s claim against you. Until this matter is resolved, whether by settlement or otherwise, we require you to accept this as written notice to preserve any and all hard drives or other means of electronic storage used with your above referenced IP address and to take no steps whatsoever to remove, erase, discard, conceal, destroy or delete from any means of electronic storage any evidence of piracy and/or other illegal or unauthorized downloading and distribution of Rights Owner’s Work. (my bold)

The bolded part is all sorts of fishy. This stems from the fact that the people sending the notices can write anything they want in those notices. There are some things they must include, but besides the minimum they can write whatever they want. And here what they want to write seems like a court order. DON’T DESTROY THE EVIDENCE. I do not think a sender of one of these notices can tell you what to do. Now, you should not be destroying evidence anyway, but it’s not because CEG TEK told you.

This notice is NOT a bill or invoice. It is a notice made on behalf of Rights Owner of (i) a potential claim against you and/or those who you have allowed access to your Internet account for infringement of the Rights Owner’s copyright in the Work, and (ii) an opportunity to completely resolve that claim now.

Well there you go, it’s not an invoice! Maybe gives you a hint as to whether you are required to pay them.

AGAIN, IF YOU HAVE QUESTIONS ABOUT YOUR LEGAL RIGHTS, YOU SHOULD CONSULT WITH YOUR OWN LEGAL COUNSEL (I.E., BARRISTER, SOLICITOR, LAWYER, AND/OR ATTORNEY).

Oooh, they wrote it in capitals this time! Please, please, please consult an attorney.

Nothing contained or omitted from this correspondence is, or shall be deemed to be either a full statement of the facts or applicable law, an admission of any fact, or waiver or limitation of any of Rights Owner’s rights or remedies, all of which are specifically retained and reserved.

This is some quality legal language, I’ll give them that. Basically saying we still may sue you later. Not if you pay us though!

The information in this notice is accurate.

Well the technical information, maybe. The interpretation of the law, not so much.

CEG has a good faith belief that use of the material in the manner complained of herein is not authorized by the copyright owner, its agent, or by operation of law. CEG and the undersigned declare under penalty of perjury, that CEG is authorized to act on behalf of [Rights Owner].

Yeah I’ll buy all that.

Sincerely,

[Law-talking guy]
CEG Legal Counsel
CEG TEK International
8484 Wilshire Boulevard, Suite 515
Beverly Hills, CA 90211
United States of America

Toll Free: +1-877-526-7974
Email: support@cegtek.com
Website: www.copyrightsettlements.com

And we’re done. Sorry, I know that was long. But I think it was worth it.

Post-script: I’ve gotten one of these notices. What do I do?

First, let me say the Barreau du Québec would have my ass if I ever gave any sort of legal advice through a blog! So I will not tell you what to do. But you should know your rights, and know the law. To that end, Michael Geist wrote a great piece just yesterday addressing this exact issue. He also says he cannot give advice, but he goes through the law in painstaking detail, with a lot less snark than I’ve done. Let me quote him:

I’m unable to provide specific legal advice, but I can provide more information that may assist in making a more informed decision about a system that was designed to discourage infringement, not create a loophole to facilitate settlement demands.

Exactly. Go read his piece. Read this post again. Know the law.

FEBRUARY 29, 2016 POST-SCRIPT – please read!

Hello everyone. I would like to thank the internet (and CEG TEK!) for making this post the most popular post in the history of AM.com (by far). Canadians continue to get these notices, and end up here after a quick Google search while they try to figure out what to do. Which is great, I am very happy that you found me! Welcome.

HOWEVER, many of you post very specific comments about your situation, your notices, etc. Which, well, I don’t care, post what you want. BUT please, please, please understand that I cannot answer your specific questions in the comments section. My professional body (the Barreau du Québec – bonjour guys!) would have my ass if I did so. I am pleased to answer questions in the abstract, if you have a general question about the notices, or want my general opinion about something. I cannot, however, give you a professional opinion about what you should do, in a blog comments section.

If you have specific questions, if you need legal advice, please contact a lawyer privately. Me, someone else, I don’t care. But please find out your rights – in a private confidential way. Kthxbye.

Posted in: Copyright
Tagged: , .

71 Responses to We have a notice! Let’s rip it to shreds.

  1. Steve says:

    Allen your finest hour, well actually it too me longer to digest it all but I got the point in the end. Important and timely information.

    Maybe the people we have in charge of looking after us, the goverment should spend some of their adverstising dollars hiring internet experts to make PSA about this instead of telling us how great there fucked up view of the MAN.s ass is.

    BTW time is going to sue you for infringing on the AM copyright.

  2. Adrian says:

    check this link
    https://openmedia.ca/shakedown

    this is an open letter to Mr. Moore (Minister of Industry) regarding “Abuse of Notice and Notice regime”

  3. Steve says:

    Hi Allen, congrats at your new job at Blue H. Also I just took a close look at your logo for for the first time, IMHO very cool.

    Steve

  4. Loop says:

    Hi there!

    Just received an email from Telus for “copyright infringement”. Although after double checking the time and date, it’s not right so I am not sure how they did to accuse me of dowloading a movie based on inacurate information but anyway!
    The claim comes from Universal City Studios LLC.

  5. JohnM says:

    You don’t even need to be using your Internet or have your wireless router turned on and you can get an infringement notice from your ISP.
    I got one that claims I downloaded some porn video. The date the video was downloaded no one was home and the router was off.

    This is not just unproven allegations, it’s a FRAUDULENT and FALSE allegation for the purpose of extortion.

    It’s not hard for fraudsters to send automated emails accusing every IP in an ISP’s class C’s. Each class C has 100 IP addresses. The ISP in turn has their email systems automated to send out the infringement notice and BINGO. No one at my ISP reviewed the notice I received before sending it. The notice is supposed to contain the exact web address of the file named in the allegation. Mine DID NOT have the web address…..therefore my ISP was not obligated under law to send it to me. I phoned bell and their tech support said, “oh ya…you got one of those…..just ignore it.” He didn’t seem worried about the law coming after him for giving me legal advice.

    It’s a numbers game…..some people will get scared and sent the 450.00 to settle. For example: Lets say 1 percent of the people who receive notices get scared into paying the settlement offer of 450.00 USD and a Million of these notices are sent. Do the math. Someone is looking to make a quick buck off Canadians while knowing our government screwed up and made us sitting ducks for FRAUD.

    What a great way help email fraudsters get their emails to you while bypassing all the spam filters under the guise of a copyright infringement notice.

    I’m told: Ignore it, It’s FRAUD, do not contact them, and do not click the links in the notice. The action you should take is to email your member of parliament and complain. Tell your ISP the notice does not meet the legal requirements if it does not contain the exact web address of the file and therefore they should not have sent it to you and caused you mental shock, anxiety, mental suffering, and damn near caused a heart attack. Finish by telling your ISP the next time you get a notice like this from them the only legal advice you will be seeking is for a CIVIL ACTION for mental suffering.

  6. romio says:

    I got the same e-mail should I pay or ignore them ??

  7. Joss P says:

    Hello, I’ve recently received one of these notices too. In my research, I’ve come across you’re blog and appreciate the information provided – thank you.
    I see the issue of downloading torrents not one of the end user’s rather the issue becomes one of the copyright owner’s. As an end user, I’d be delighted to subscribe to a reputable torrent site for the advantage of watching a television show, series, movie, etc. of my choice when I want and without the dissonance of commercials. I am admittedly a Netflix fan (no commercials) and isn’t this a model the copyright owner’s are already using? I’m terribly disappointed in our government’s position on this front when the majority of the downloads are US owned. ??? This is an industry that has reaped the benefits of their copyrights for decades and trillions of dollars. Just like any business or industry, get innovative! Make deals with torrent sites and all are happy. Do the copyright owner’s not realize the profits as this is not a North American issue – this is a global one! In fact, I feel violated or infringed upon by my ISP. Once again, people are only enjoying a show, movie or a song – not reproducing it and then they delete it. Copyright owner’s! Get your 1 cent a download from torrent sites cease harassing, infringing and threatening criminal and financial damages. Canadian government! Defend your citizens and direct the bullies back to their business plans for a win-win!

  8. Dick Hurtz says:

    Luckily for me, my ass is out of Barreau du Québec’s reach, so I can spout all the free blog legal advice i want. So here goes:

    SOLUTION:
    Press the “DELETE” key to delete the infringement email.
    Problem is now solved.

    You’re welcome.

  9. Fahad says:

    I am new to Canada.
    I got this infringement email. I was afraid but after reading your blog. It actually helped me a lot.
    Now I can ignore the email and sleep.

    Thank you Allen and Thank you those who commented.

    If they ever say again to consult your own legal consultant, I would say I have already talked with Allen.

  10. Cougar says:

    Fr years had internet with one isp but had email with another isp. Recently, after switching email to the isp I had been using for years , I have received numerous notices ( go pound sand americans ). Perhaps the answer to avoid notices is to use some email other than fro from your own isp that supplies you with internet. Am thinking of gmail, live.com etc. Anyone care to comment about this, please …

    • allen says:

      Ho Cougar. The email won’t make a bit of difference. Doesn’t matter if you use the ISP address or an anonymous one (in this case at least)

      • Cougar says:

        I mean in regards to getting a notice. If you are using a non isp email, such as gmail, or live, how dows the isp know what your email is to send the notice to …

        • allen says:

          Ah I get it. Well, the ISP sends it to whatever email they have on file for you. (e.g.) Videotron knows my email is allen@allenmendelsohn.com (because I get my invoice there, but generally people have registered emails with their ISP), that’s where they would send a notice.

          • cougar says:

            But I do not have an email that my isp is aware of. I access it from firefox yes, but unless the isp is tracking me, they should not have an email for me at all…

        • allen says:

          Gotcha cougar. They have a mailing (snail mail) address for you though! There is no requirement that they send it by email. They only send it by email because it’s cheaper. If they have to, they would send it by snail mail

  11. John Doe says:

    Thanks for this excellent post. Does the recent ruling that Teksavvy must disclose user names to Voltage studios change the above in any way?

    Also, if it can somehow be proven that someone violated a copyright for personal use would that person have a criminal record or is it a civil thing? Thanks!

    • allen says:

      Thanks for your nice comments JD

      The Teksavvy ruling does not affect the above, at least directly. It may make it easier in the long run for ISPs to get names, but it’s not directly related to the whole notice and notice regime.

      And the whole thing is civil, it’s not criminal.

  12. Chris says:

    I just received a bunch of emails from CEGTEK for something that I didn`t even download from Bittorrent. I don’t even have bittorrent installed on my computer and I don’t know if someone else is accessing my wifi or if it’s hacked or anything. I clicked their link and filled in the case number and password from the email. They are asking for $900 I did not proceed any further to give my name, personal information, phone number or any other info. I am really scared this is the first time something like this has happened to me. I don’t understand why I received this notice. Am I going to be taken to court. Please help me with this matter. Any insight in to this matter would be greatly appreciated.

  13. Partap Kumar says:

    Hello Allen, thank for the Article and the good Information.

    I received a notice yesterday from Causeway Films stating that I downloaded a movie from Extratorrent;the settlement fee they are asking is $198 CAD. This is the first time I ever got such an email.

    Is there anyone here who actually got these kind of emails and didn’t pay for it ??? Did you get another Notice or something after not paying them ???

    please help I have until 30 January 2016 to pay it.

    Regards
    Partap Kumar

    • Partap Kumar says:

      My last date to settle was Jan. 30 2016, I didn’t pay ofcourse and Its 16 Feb 2016 today, haven’t got any other email or any notice.

      I saved my $200.

      Thanks to this Article.

      • allen says:

        Thanks for the update Partap.

        Now where’s my cut of the $200? ;)

        • Partap Kumar says:

          haha… whatever you ask …….

          • SjF says:

            I got one settlement notice from Causeway Films for $257 last month. I didn’t even read it at the time. The due date passed and they sent me another notice today for the same amount. Scary. What a relief to find others brushing these off. Wonder if anyone has been taken to court for this in Canada and what the results were if so.

  14. Dan says:

    Keep getting these notices on Videtron E-mail. Can I request Videotron to assign me a new IP address? Would this stop them from continuing to hassle me?

    • allen says:

      Dan IP addresses from residential ISPs don’t work that way. They are “dynamic” meaning they change all the time any way. But Videotron keeps records of who had what IP address at what date and time. They are required to keep such records, specifically for the purpose of sending notices.

  15. Dan says:

    Will the notices stop though. I stupidly looked in to it. Gave them a call because it looked official and I want to make good. It’s bogus though, I have not torrented anything. They were trying to hit me up for 3600$. When I argued with them, saying, there was no way this was me…they brought the fine down to 600$ and said it’s up to me…this can all go away. I don’t know what to do,,,

  16. Jeff says:

    So yesterday morning my girlfriend got one of the CEG TEK notices to her email while she was checking it at work. I wish so much that I was the one who had my email to signed up to our internet account. She was all freaked out thinking they were actually coming after us. I had used the torrent to download one movie at the end of December. Hadn’t used it since, never used it before and won’t again.

    I did everything I could to provide her links and articles showing that these people will not take you to court, to ignore it! But no matter what I did she kept referring to the government of Canada website about copyrights. I told her to ignore it and showed her a site called fightcopyrighttrolls and many more evidence from witness accounts but no matter what all I got met with was “those sites might not be legit either” commence me pulling hair out of my head!! She was obviously scared, obviously believed they’d actually waste their time to sue. Her reasoning was she “didn’t want to play with fire”. And turns out she paid the $300!!! 😡😡😡 Holy fuck was I mad when I found out. Probably more so than she was when she actually though she was getting taken to court. Apparently her job too requires no criminal record and she said she could fired. Everything working against her! “Oh SHAW forwarded it so it has to be legit they wouldn’t just send it.” Then she even took “advice” from a co worker that she should just pay it. So now we are each out $150 and for what!? I don’t know what In more upset over, the fact we lost out on money or that she didn’t bother to do her damn research and listen to me that these people are using their claims settlements as a scare tactic!! Ugh!! After it was sent I told her to call her credit card company and change her number. I hope for you all or anyone else that if a family member or a significant other gets hit with these that they are not paranoid enough to actually believe these fucks will take you to court.

    • loydd says:

      hello jeff,

      i am loydd, i am from canada too and ceg tek sent me this message that i downloaded something on the internet and cost me 600 dollars! out of panic, i paid it immediately without realizing the benefits of RESEARCH! i was so duped. and now i am worried that they will take this to court. what would be the best this to do from now? i will change my credit card ASAP?

  17. Dave says:

    Hi Allen, great article, so in conclusion, do we have to take this email seriously or we just have to forget it? Is it going to be bad consequences if we don’t do anything? Thanks dude!

  18. Larry says:

    Anybody that paid money to CEG TECH by credit card, immediately contact your credit card company, and have the charge reversed (CHARGEBACK). Indicate that you were a victim of fraud. I’m assuming here you did not pirate, or cant recalling pirating.

    I’m not a Lawyer, but I’m a network engineer, and I can legally tell you that identifying people by IP addresss will turn up tons of false positives. Keeping track of the time stamp does not help either, as different switches and routers have different refresh times, and could be providing stall information. Also IP addresses can be and are often spoofed (probably by the real pirate).

    Most pirates are using VPN’s now, so the only people CEGTEK are really targeting are the innocents, or a few parents that should be watching their children a little more closely.

  19. Jackson says:

    Hi Allen,

    I am not sure if this is in your jurisdiction to answer.

    Last January 2015 I paid CEG TEK for a download for 225 out of fear and not doing my research properly.

    Based on my knowledge of the statutes of limitation in Canada, Copyright holders have  3 years from the date in which the infringement had been discovered to sue. Since I paid CEG TEK and based on the contents of the contract which released me from liability, would CEG TEK or the copyright holder be able to sue me or go after other downloads I might be suspected of or the same download I was released from within the 3 years

    I ask this question, as I afraid with the thought that I have to wait 2 more years until I am assured that they will not or have the chance to sue me as the limitation period of 3 years is up.

    Thanks

    • allen says:

      Hi Jackson

      I don’t think you should have to worry about it. While I have not seen one of the settlement documents from CEG TEK, I expect that it makes it clear they will not proceed suing you

    • Anon says:

      Check with your ISP to see how long they keep your IP information. Once you receive the notice, they are required to keep your IP info for 6 months (this can be increased to one year through court). However, prior to receiving the notice, it is possible that no more than 30 days of IP info is on record with your ISP. While they may have your personal info now, there is no way for the “rights owner” to link your personal info to downloads more than 30 days prior to your receiving your first notice.

      Obviously, the best way forward is to not torrent anything unless you are sure that you have permission to do so.

  20. Grace says:

    Hello Allen, my child has paid CEG TEK for a download that occurred on our network even though she or anyone in my household have no knowledge of using any torrent software.

    Due to the fact that the email was sent to her as well, she mistakenly paid it even though she is not the account holder but I am. In the email sent by CEG-TEK it specifically addresses the account holder. The agreement sent upon paying CEG-TEK is stated under my child’s name and specifically releases my child and those in the household from liability not myself, the actual account holder.

    Would the contract be voided in this case since she is not the account holder and is just a occupant. If so would we not be released from liability in this case. Much Thanks

    • allen says:

      Hi Grace

      Thanks for reading and for commenting. I will ask you to read the new post-script at the bottom of the post. Thx!

    • Vivian says:

      You know how you can tell CEG TEK is a fraud? They willingly and immediately took your child’s money without even so much as a rudimentary understanding of the legal aspects. If they were legit, they would have requested to charge the owner of the account, not some irrelevant 3rd party who offers them the money.

  21. Jimmy says:

    No one, not one person in Canada has had a successful lawsuit against them by companies. Not one person who file shares has been sued. Tell them to fuck off

  22. jason says:

    Thank you Allen for this information, I cannot thank people like you to share these types of information online for people to educate ourselves.

  23. Curious says:

    There are interesting twists to these notices as most of them involve porn and therefore add a huge embarrassment threat. Two interesting observations after a few minutes of research:
    1. Most of the porn materials found on torrents are also available on the plethora of “free” persisted littering the Internet. This makes one wonder how the complainants can argue economic loss. They do not seem to be going after these sites probably because they sponsor them to “hook” people, especially youth, on porn.
    2. It looks like some titles labelled “New” or “2016” appear on the torrent sites BEFORE they appear at on-line porn vendors. Now how can that be? I hate to be cynical, but could the producers of this stuff be putting them there themselves to entrap people?
    Curious

  24. Preetinder Singh says:

    hello sir, i also got the same email and it tells me to pay $600. just tell me do i have to pay it or not? should i consult any lawyer or no. i didnt do that download but some friend of mine did that, internet is on my name so the provider contacted me. please lead me to a solution buddy. i got the exact same letter(notice)
    and if u dont mind please email me too.
    Regards

  25. Laugh Out Loud says:

    Jun 21, 2016
    Just got one today
    Re: NOtice of Claimed Infringement of a movie put out by HBO title True Detective or something like that. Certainly not anything I download on my 1.5 Mbps DL /750 kbps UL system.
    Came from my ISP, to my ISP account address and name.
    Sent it back to the abuse@ (xxx myisp.com xxx) with a copy of your link.
    Then I deleted it.

  26. David says:

    Hi Allen, I received recently a notice from my Isp about a copyright infrigement, they are asking me to pay 300$ for illegal downloading, I was really scared that I made the mistake to call the company in charge in California and gave them my name and my cell phone, what could happen if I ignore the notice??? Thanks Allen.

    • cuty says:

      Hi David,

      So, what happened then? I also got the same notice from Elevation thru Canipre. They are demanding payment until Dec 16. Did you pay them up or just ignore them completely?

      Thanks!

  27. T says:

    Hi David, Tell them you were calling to dispute the claim and ask them how you should do so in writing, and where to have it delivered.

    It might have been a bit foolish to call them and give your personal information, but only because they now can harass you in more ways.

    Knowing your excellent reputation, I’m sure you didn’t download anything illegal. Perhaps you don’t even know how to use these so called “bittornadoes” or whatever. I’m sure I don’t. Nice of you to call them and report the mistake.

    Sleep well.

  28. vic says:

    I have an issue with CEG, I received the famous email they sent out, I do not download or use torrent , I was viewing videos on my phone and all of a sudden they are telling me that I shared and uploaded the video and that I have a torrent …I dont have a torrent and I have no idea where did it come from and where it is on my phone, I didn’t install anything and none of this is intentional …I called them and they asked for my info so I had to give it to them so the call me back and so I can discuss with them, I explained to them that I viewed videos but didn’t upload or share anything !!..they are asking for payment and threatening for legal action …I am not sure what to do at this point .how can obtain help on this , thank you

  29. skp says:

    Hi Allen I got same email from CEG TEK regarding copyright infringement. They demand me settlement of $300 before deadline or they may take legal action. I am scared what to do? Should I pay the settlement amount or just ignore it as you said in blogs.
    Please advise. I did not sleep properly since I received this notice.

  30. Sheila says:

    Hi, I recently got one from CANIPRE in Montreal.

    Barry Logan
    Project Manager
    CANIPRE: Canadian Intellectual Property Rights Enforcement
    307-15400 Pierrefonds Blvd
    Montreal, QC CANADA
    H9H 5L5

    Got a little nervous seeing it was on behalf of Elevation Pictures in Toronto. They are asking for 198.00. I haven’t read anything about Canadian companies asking for compensation. Any advise?

    Thanks!

  31. The question is related to pruor best practices for rights holders. Previously, rights holders would submit a complaint to Lumen and the site would be blacklisted from search engines. However, the current practice is to ‘bait’ and track traffic at a site instead of closing it to traffic.

    Letting a dvd seller on the street sell product so authorities can catch as many buyers as pissible brings up notiins of entrapment and turns legal history on its head. Actively allowing criminal activity in order to target end users is a racket and disingenuous.

    This behaviour will never be prosecuted legally especially if the torrent sites are created by the rights holders. Imagine that.

  32. Nobody says:

    Received my First Notice forwarded by Telus on October 1st. Second Notice came on October 29th. And today, November 14th, received the Third Notice.

    I’ll have to wait to see if they actually try to get a court order for Telus to release my ID info, and whether Telus will fight that.

    Disconcerting, but I’ve managed to completely ignore and not respond to any of these. Hope I get ignored, too.

    P.S. Now using a VPN

  33. cuty says:

    Hi! I received a similar Notice and Notice letter sent thru Bell from Canipre. It said that it was from Elevation Pictures. They gave me until Dec 16 to pay and asked me to click a link on their email to settle it. I did not do it of course. I read a lot of articles regarding this notice and I was glad that I stumbled upon your blog. Gave me needed information to deal with this.

    So, to those who have received similar notices in the past, did you just let the demand dates pass and totally ignore it? Did you still get notices afterwards? All your responses will be greatly appreciated.

    Thanks!

    • Nobody says:

      I received three separate notices, like yours, from Elevation Pictures, each with a deadline. The last deadline was just a couple of days past, so I don’t know if they’ll be making a court appeal to force Telus to divulge my contact information, or whether Telus will refuse and fight that appeal, which would cost Elevation Pictures quite an amount, even before attempting to sue me.

      While waiting, I’ll admit that it’s been a bit of a concern, perhaps most because I’m the only one in the country facing this kind of issue. No, I know that’s not true, but I do think that a factor in the intimidation is isolation – they make one feel as if there is no one else facing this issue, whereas intellectually, we know there must be thousands. That’s one of the reasons this blog is important for us.

      • cuty says:

        Hi,

        Thanks for sharing your story. How is it been since the last notice you received? Did you get another notice from them? This kind of tactics would have really scared the hell of someone and would just pay them straight up. Which could lead to more demand notices and bigger settlement fees. Me thinks they’ll just continue to send notices en masse, regardless if someone did the download or not, hoping that someone would get intimidated and pay them up. If we ignore their notices and refuse to pay, that will eventually force them to stop and re-think their next plan.

        • Nobody says:

          Update:

          A tremendous amount of fuss and hassle over just a single alleged download of one file.

          About a week after the deadline in each letter, I received a further letter with yet another deadline.

          About a week after the deadline in the third letter, I received a fourth.

          It’s now almost two weeks after the deadline in the fourth letter. Nothing further.

          Is it just awaiting the gathering storm?

          Perhaps there’s an acknowledgement of futility, as I haven’t made any contact whatsoever.

          Or it’s a realization that after a fourth letter, there’s a line between threatening intimidation and harassment?

          No idea, but I’ll maintain my silence, and update any further developments.

  34. Adam says:

    CANIPRE, serving on behalf of Raven Banner Releasing sent me a notice for a movie I’ve never heard of that was downloaded July 24, 2016 with an IP address that doesn’t match my ISP’s address.
    The first notice was written August 29, 2016 for an infringement on August 28, 2016, sent to me on November 5, 2016 with a pay by date of September 18, 2016.
    Now CANIPRE has sent me a 2nd notice today, December 1, 2016, with a pay by date of December 11, 2016.
    I plan on ignoring these notices but would like some input on the matter.

    • Northern Mike says:

      Just ignore these notice .Check were Canipre is located on googles map in Montreal.The popular Barry Logan,big Canadian Intellectual Property Rights Enforcement is getting richest every day by scaring people. I received a similar Notice.Notice letter sent thru Bell from Canipre last year.

  35. Vivian says:

    Just received one of these notices. I don’t even use BitTorrent; nor do I know how to use it. I also cannot recall any download I’ve made that could have possibly constituted the downloading of “illegal material”, as the notice so claims. After reading this article and all the comments, I’ve come to the conclusion that these notices are nothing more than a SCAM. Do NOT pay them any money — they’re using fraudulent means to try to profit off of the innocent. In fact, we should all take this entity to court in a class-action lawsuit.

  36. Nobody important says:

    I just discovered THREE consecutive notices for the same supposed infraction from Canipre in my ISP webmail (that I never use), and it just dawned on me, the genius marketing strategy of these supposed “intellectual” property owners: They make a SHIT movie, that cant be sold for love or money. So they RIP it themselves, post it to torrent sites, hire a company to squat on it and gather IPs, then THREATEN said people with mumbo jumbo legal babble and sit back and enjoy their profits from an otherwise failed venture…. I’m in the wrong line of work evidently.

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