
A version of this post was published yesterday at Cartt.ca.
Piracy is a lot like religion and politics. It tends to polarize opinion and get in the way of finding common ground for thoughtful discussion. That’s the pattern we’ve seen in Voltage Pictures’ demand for information from TekSavvy about putative pirating of their movies. Clashes between the studio and the ISP have touched off a rancorous debate that has divided even like-minded members of the pro-Internet community.
The single issue that has most divided the pundits concerns whether or not TekSavvy CEO Marc Gaudrault let down his customers and the public interest by not opposing the Voltage motion from the get-go. Most of the arguments share one principal concern: that opposing the Voltage motion would have been the most effective and maybe only way to protect customer privacy, as well as to ward off future suits of this kind.
A lot of ink has now been spilt on this point, especially in light of the fact that Marc and his lawyers arrived at their decision after considering factors that remain confidential. Nevertheless, some further comment seems to be in order.
Putting privacy in perspective
First of all, I’m no longer convinced that the biggest public interest issue in this case is privacy, a sentiment I know will not win much sympathy. For one thing, I believe Marc did his best to protect his customers’ privacy by giving everyone, especially those on the charge list, advance notice despite it not being a legal requirement. TekSavvy has also spent a great deal of time and money weeding out numeric IPs that didn’t match an account, in an attempt to protect otherwise innocent customers. Continue reading →