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  1. ---------- Forwarded message ----------
  2. From: <copyrightnotice_noreply@teksavvy.com>
  3. Date: 18 March 2016 at 10:29
  4. Subject: Forwarded: Notice of claimed copyright infringement
  5.  
  6.  
  7. Hello,
  8.  
  9. TekSavvy has received what the Copyright Act calls a "notice of claimed infringement". It listed an IP address and time. Our systems indicate that the IP address listed in the notice was likely assigned to your account at the specified time.
  10.  
  11. We are therefore legally required to forward the notice to you. The notice is reproduced, unaltered, below. First, though, there are some things you should know.
  12.  
  13. (a) We are an intermediary that is required to forward this notice to you. We do not, and cannot, verify its accuracy or its sender. However, a private party’s notice does not mean there has been any legal ruling. Only a court can do that. But there is no obligation to pay any settlement offered by a claimant.
  14.  
  15. Many notices are generated automatically and contain text written with foreign law in mind, not Canadian law. So be especially careful when reading claims geared towards a foreign jurisdiction, like the United States. For instance, maximum statutory damages are far lower in Canada than in the U.S. Notice-and-notice does not trigger suspension of your Internet services, as its U.S. equivalent (notice-and-takedown) may.
  16.  
  17. (b) We haven’t told the sender who you are. Your privacy is paramount to us. We don't track, or know, what you do. We do know what IP address we assigned to you within the last 30 days. But we don't provide personal information like that to anyone unless a court orders us to -- and we have not done so here. The notice was simply received by us, and we have forwarded it electronically on to you.
  18.  
  19. Unless you contact the sender, or click on a link in their notice, they therefore likely have no idea who you are. To find out, they would have to apply to a court. If we learn that they have, we will make every effort to let you know as soon as we do.
  20.  
  21. (c) It is good practice to make sure you secure your account. Your wireless router should be password-protected; the password should be changed regularly; and those who have the password should maintain good virus protection. Your MyAccount allows you to check your bandwidth usage: do so regularly, and make sure what is happening and what you think is happening line up.
  22.  
  23. (d) We retain IP address information for 30 days. If your modem has not been powered off during that period, then we may have IP address information going back to the last time you did. In addition to requiring us to forward this notice, the Copyright Act also requires us to retain the records matching the IP address and time to your account for six months. If the people who sent the notice apply to a court, they can require us to hold it for longer.
  24.  
  25. We have provided some links below. The notice, which we are required to forward unaltered, follows.
  26.  
  27. 1. Industry Canada:
  28. http://www.ic.gc.ca/eic/site/oca-bc.nsf/eng/ca02920.html
  29.  
  30. 2. TekSavvy:
  31. http://teksavvy.com/en/why-teksavvy/policies/legal-stuff/copyright-faqs
  32.  
  33. 3. Automated translation (hosted outside Canada):
  34. https://translate.google.com/?hl=fr
  35. http://www.bing.com/translator/
  36.  
  37. --- Forwarded Notice of Infringement follows:
  38.  
  39. -----BEGIN PGP SIGNED MESSAGE-----
  40. Hash: SHA1
  41.  
  42. Notice ID: 415005759
  43. Notice Date: 2016-03-17T17:35:00Z
  44.  
  45. TekSavvy Solutions
  46.  
  47. Dear Sir or Madam:
  48.  
  49. We are contacting you on behalf of Roadshow Films Pty Ltd. Under penalty of perjury, I assert that IP-Echelon Pty. Ltd., (IP-Echelon) is authorized to act on behalf of the owner or licensee of the exclusive copyrights that are alleged to be infringed herein.
  50.  
  51. IP-Echelon has become aware that the below IP addresses have been using your service for distributing video files, which contain infringing video content that is exclusively owned or licensed by Roadshow Films Pty Ltd.
  52.  
  53. IP-Echelon has a good faith belief that the Roadshow Films video content that is described in the below report has not been authorized for sharing or distribution by the copyright owner, its exclusive licensee, its agent, or the law. I also assert that the information contained in this notice is accurate to the best of our knowledge.
  54.  
  55. We are requesting your immediate assistance in removing and disabling access to the infringing material from your network. We also ask that you ensure the user and/or IP address owner refrains from future use and sharing of Roadshow Films materials and property.
  56.  
  57. In complying with this notice, TekSavvy Solutions should not destroy any evidence, which may be relevant in a lawsuit, relating to the infringement alleged, including all associated electronic documents and data relating to the presence of infringing items on your network, which shall be preserved while disabling public access, irrespective of any document retention or corporate policy to the contrary.
  58.  
  59. Please note that this letter is not intended as a full statement of the facts; and does not constitute a waiver of any rights to recover damages, incurred by virtue of any unauthorized or infringing activities, occurring on your network. All such rights, as well as claims for other relief, are expressly reserved.
  60.  
  61. Should you need to contact me, I may be reached at the following address:
  62.  
  63. Adrian Leatherland
  64. On behalf of IP-Echelon as an agent for Roadshow Films Pty Ltd
  65. Address: 6715 Hollywood Blvd, Los Angeles, 90028, United States
  66. Email: copyright@ip-echelon.com
  67.  
  68.  
  69. Evidentiary Information:
  70. Protocol: BITTORRENT
  71. Infringed Work: The Hateful Eight
  72. Infringing FileName: The.Hateful.Eight.2015.1080p.BluRay.H264.AAC-RARBG
  73. Infringing FileSize: 3454109126
  74. Infringer's IP Address: 192.0.220.218
  75. Infringer's Port: 51413
  76. Initial Infringement Timestamp: 2016-03-17T17:34:59Z
  77.  
  78. This email (including any attachments) is for its intended-recipient's use only. This email may contain information that is confidential or privileged. If you received this email in error, please immediately advise the sender by replying to this email and then delete this message from your system.
  79.  
  80.  
  81. <?xml version="1.0" encoding="UTF-8"?>
  82. <Infringement xmlns="http://www.acns.net/ACNS" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:schemaLocation="http://www.acns.net/ACNS http://www.acns.net/v1.2/ACNS2v1_2.xsd">
  83. <Case>
  84. <ID>415005759</ID>
  85. <Status>Open</Status>
  86. <Severity>Normal</Severity>
  87. </Case>
  88. <Complainant>
  89. <Entity>ROADSHOW FILMS PTY LTD</Entity>
  90. <Contact>IP-Echelon - Compliance</Contact>
  91. <Address>6715 Hollywood Blvd
  92. Los Angeles CA 90028
  93. United States of America</Address>
  94. <Phone>+1 (310) 606 2747</Phone>
  95. <Email>copyright@ip-echelon.com</Email>
  96. </Complainant>
  97. <Service_Provider>
  98. <Entity>TekSavvy Solutions</Entity>
  99. <Email>abuse@teksavvy.com</Email>
  100. </Service_Provider>
  101. <Source>
  102. <TimeStamp>2016-03-17T17:34:59Z</TimeStamp>
  103. <IP_Address>142.5.123.107</IP_Address>
  104. <Port>51413</Port>
  105. <Type>BitTorrent</Type>
  106. <SubType Protocol="BITTORRENT" BaseType="P2P"/>
  107. <Number_Files>1</Number_Files>
  108. </Source>
  109. <Content>
  110. <Item>
  111. <TimeStamp>2016-03-17T17:34:59Z</TimeStamp>
  112. <Title>The Hateful Eight</Title>
  113. <FileName>The.Hateful.Eight.2015.1080p.BluRay.H264.AAC-RARBG</FileName>
  114. <FileSize>3454109126</FileSize>
  115. <Hash Type="SHA1">8cfa725050f0050b92e57ca0a010bae0a0f104a8</Hash>
  116. </Item>
  117. </Content>
  118. </Infringement>
  119. -----BEGIN PGP SIGNATURE-----
  120. Version: GnuPG v1
  121.  
  122. iQEcBAEBAgAGBQJW6urEAAoJEN5LM3Etqs/WdIQH/1O6yUv+Sohi74d+DOjqB3fD
  123. SFW99Zcuu1vWmNGr2V7hBHrN+oyoI3/pG4N7YpQIYVUmoHvkxIPK4ZfRl4G4oLmy
  124. EcN/1zpspz9uCqTIN8SSxL0F2JNkH3WCTHeFgj0D2+4Rh+trq/hvtTqFkknkCvL9
  125. Vwc9UfT5gRkZ1dXcskRxb8PY29MTCIXHbIVm8APMDTYv2/Z2XtIgi4RrstbTWt/D
  126. i2UiANtlk19IC7+zCUAegH8NvKiKR1dml5fqSInpoKjm3dEF7HpEMc/T7WsWbkfN
  127. iWQN/gIaidaBnbAsqJB3Y9Oh/cbpVNZokvXYglopxbVM2izesh9Ob5F94St1btA=
  128. =3XCe
  129. -----END PGP SIGNATURE-----
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