Copyright FAQs

1. What is TekSavvy doing to protect its customers’ personal information?
2. What are log files and how long does TekSavvy store them?
3. How did TekSavvy handle copyright infringement notices in the past?
4. I’ve received an email notice that an IP address associated with my account has been identified, what does that mean?
5. What is TekSavvy’s role when it receives notice of a legal proceeding such as this?
6. How will I know if TekSavvy has received a request for my personal information?
7. How will I know if TekSavvy has disclosed my personal information?
8. How will I know if a rights holder intends to pursue a copyright infringement claim?
9. Has TekSavvy retained legal counsel?
10. Will TekSavvy provide legal advice?
11. Where can I go to seek legal advice if I need to?
12. What if I didn’t do what the rights holder has indicated?
13. Where do I find the documentation filed by rights holders?
14. What are the penalties under Canadian law for copyright infringement?
15. How many customers are affected by this?
16. I’m worried I might be on the list. How do I know for sure?
17. Did TekSavvy gather the information for Voltage?
18. Why can’t TekSavvy provide us with legal advice?
19. Is TekSavvy fighting this motion in a court of law?



1. What is TekSavvy doing to protect its customers’ personal information?

TekSavvy will not provide personal information to a 3rd party when copyright infringement is alleged unless ordered to do so by a court. TekSavvy will do its best to ensure that its customers receive notice when disclosure of their personal information is sought in such cases.


2. What are log files and how long does TekSavvy store them?

Log files identify the IP addresses assigned to TekSavvy customers on an ongoing basis. TekSavvy currently stores log files for 90 days. In cases where legal proceedings are initiated by a holder of copyrights, we may be required to retain the logs until the litigation is concluded.


3. How did TekSavvy handle copyright infringement notices in the past?

In the past TekSavvy has not been required to take any action on copyright infringement allegations. This is the first occasion on which TekSavvy has received a motion for an order to disclose information.


4. I’ve received an email notice that an IP address associated with my account has been identified, what does that mean?

At this time, it only means there has been a request for your personal information. The information has not been given to the rights holder, nor has TekSavvy yet received a court order requesting information.


5. What is TekSavvy’s role when it receives notice of a legal proceeding such as this?

TekSavvy’s role is to ensure that our customers are aware that a request for their personal information has been made so that they have an opportunity to address the court on the matter if they so choose before any disclosure is ordered. TekSavvy also ensures that no such information is disclosed without a court order. TekSavvy does not intervene on the merits of any copyright infringement claims as it has no actual knowledge of merits of those claims.


6. How will I know if TekSavvy has received a request for my personal information?

TekSavvy will notify you by email and provide as much information it has available about the legal proceeding under which the request is made.


7. How will I know if TekSavvy has disclosed my personal information?

TekSavvy will notify affected customers if we receive a court order to disclose their personal information.


8. How will I know if a rights holder intends to pursue a copyright infringement claim?

You will receive a notification from the rights holder.

At that point, the issue will be between you and the rights holder.


9. Has TekSavvy retained legal counsel?

Yes, we have retained legal counsel to guide us through this very delicate process of protecting our customers’ privacy rights without interfering with the enforcement of copyright law. However, those potentially affected by requests for information and copyright infringement claims should seek their own legal advice.


10. Will TekSavvy provide legal advice?

No. TekSavvy cannot provide legal advice, as we are not lawyers.


11. Where can I go to seek legal advice if I need to?

The Law Society of Upper Canada provides a free lawyer referral service, which will provide you with the name of a lawyer or licensed paralegal that will provide a free consultation of up to 30 minutes to help you determine your rights and options.
Here are links that may be useful:
Law Society’s lawyer referral service: http://www.lsuc.on.ca/faq.aspx?id=2147486372

TekSavvy Copyright Law in Canada Notice: http://www.teksavvy.com/en/why-teksavvy/in-the-news/teksavvy-customer-notices/copyright-law-in-canada

12. What if I didn’t do what the rights holder has indicated?

The rights holder will have to prove its case in court in order to obtain a judgement against you. Like all Canadians, you have the right to defend yourself in court against the claims of the rights holder.


13. Where do I find the documentation filed by rights holders?

We have compiled some of the public documentation here on our website, in the case of Voltage Pictures LLC’s request for information. Notice of Motion - November 14th, 2012, Statement of Claim - November 14th, 2012


14. What are the penalties under Canadian law for copyright infringement?

TekSavvy has created a copyright information page that provides some basic details on current Canadian copyright law along with links to sources for further information.


15. How many customers are affected by this?

We have sent out notices to just over 1100 customers that their account information has been requested by Voltage.

There were over 2000 IP address that information was requested for


16. I’m worried I might be on the list.  How do I know for sure?

TekSavvy has created a copyright information page that provides some basic details on current Canadian copyright law along with links to sources for further information.


17. Did TekSavvy gather the information for Voltage?

No. TekSavvy does not monitor our customers’ use of the Internet and has no involvement in collecting the IPs presented in this request by Voltage, so we are also not in a position to speculate on the validity of the claims, nor contest the request for information.


18. Why can’t TekSavvy provide us with legal advice?

We are not lawyers, not experts in copyright law or legal procedure -- and frankly not in a position to advise anyone with respect to the application of the law to their particular situation, or the actions that they should take in response to the motion for disclosure or the defense of potential claims that may be made against them.

We have tried to provide some general information on copyright law, and links to other resources that you may find helpful.  Unfortunately, as your ISP, it’s difficult for us to answer many of the questions that the notification has provoked.


19. Is TekSavvy fighting this motion in a court of law?

No.  The claims are not against us.  It is up to those identified by Voltage to seek legal advice or take action.

 

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