Why is TekSavvy getting trashed for not challenging Voltage?

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Who knew being an indie ISP could be so tough? 

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Previously on davidellis.ca…

One of the most striking things about this case concerns the complaints I’ve seen online about TekSavvy’s role. Probably the busiest place for this conversation is the forum on dslreports.com, which attracts a lot of hardcore geeks. On Saturday [Dec 15], Marc Gaudrault posted a lengthy comment headed “Why we are not opposing motion on Monday” [see Dec 17 post].

Traffic!

On Tuesday, December 18, the day after I posted some comments entitled Watching Voltage and TekSavvy duke it out in Federal Court, my analytics showed almost 1,500 uniques. That number almost doubled by the end of the week, while the bounce rate stayed well under 1%. Continue reading

Watching Voltage and TekSavvy duke it out in Federal Court

Among those who did not turn up at Federal Court Monday morning

Heading down to court Monday morning, I was concerned I might be late to get a seat for the Voltage hearing. I had my iPhone ready to record protestors and general ruckus. But Guy Fawkes was a no-show. I arrived to find the courtroom eerily quiet and half-empty.

What has TekSavvy been required to do for its customers up to now?

Short answer: absolutely nothing. As you read on, keep in mind this case is Voltage vs John Doe and Jane Doe – not vs TekSavvy. Continue reading

Infringement assault on TekSavvy: Voltage Trolls come north

Mandatory mittens for men on casual Fridays has been shown to reduce sexual harrassment at Voltage*

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Some updates and changes (Thursday, December 13)

Monday’s court hearing. Voltage has managed to schedule a hearing at the Federal Court for Monday, December 17, which leaves little time for targeted TekSavvy subscribers to organize their defence. TekSavvy couldn’t notify these customers until it had churned through a huge pile of logs, in order to correlate subscribers with the thousands of numeric IP addresses Voltage dumped on them. And it wasn’t until December 7 that TekSavvy was served with the final Notice of Motion, the document that compels TekSavvy to attend at court where, Voltage hopes, it will be ordered to turn over all relevant customer information so the bullying can proceed.

Many people I’ve talked to seem to have missed the crucial point that TekSavvy itself is not a defendant in this case as it is not liable for any putative infringing activity on its network. In Canada, when a customer requests a file from, say, The Pirate Bay, and the customer’s ISP simply provides the platform over which to have the file delivered, that ISP is deemed to be acting as a mere carrier. The ISP is not deemed to be a “user” nor considered to be “authorizing” the download. Hence TekSavvy is not a defendant in the Voltage claim. I raise this point simply so that interested parties, especially possible defendants, are clear on TekSavvy’s legal standing in this action. Continue reading