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If you are an Eastlink customer and downloaded the movie Hellboy through BitTorrent, you might be the target of a copyright infringement lawsuit.
Last month, a Toronto law firm reportedly mailed letters on behalf of HB Productions to hundreds of Eastlink customers who allegedly downloaded and shared the movie through the file transferring service BitTorrent. These letters state that they could face a significant fine if they are found guilty of copyright infringement.
Customers who received one of the copyright infringement letters in the mail reportedly have 30 days to file a response. Customers who ignore the letter may automatically be found guilty and subject to up to $5,000 in fines.
David Fraser, a privacy lawyer in Halifax, said his law firm is already representing some of the Eastlink customers who received the registered letters in the mail. He recommends that anyone who receives one of these letters seeks legal advice.
“A number of Hollywood studios have started lawsuits in the federal court and what they do is name hundreds of John Does and then once they get the identity of those John Does with another court order against the internet service provider, then they start sending out these statements of claim through registered mail,” Fraser says.
Fraser stresses the importance of responding to the letter within the 30-day timeframe: “In some cases, individuals say it wasn’t me, it was somebody else in my house, or my Wi-Fi isn’t secure it must have been somebody else, and so if you don’t respond within that time frame, you’ve lost the opportunity to do that.”
“It’s a serious thing,” Fraser says.
Eastlink has said that it does not disclose customers’ personal information without their consent, unless it is required to do so by law. The company is legally required to comply with a court order.
Marc Belliveau, a copyright expert, told CTV news that these types of copyright infringement claims are abusive. He calls them “troll lawsuits” that are intended to supplement the income of movies that performed poorly at the box office.
Belliveau argues that these types of lawsuits are particularly hard for low-income customers because they may not be able to afford legal help. He believes the federal government should take steps to protect the privacy rights of cable subscribers.
If you are an Eastlink customer and you receive one of these letters, make sure you follow the instructions and file a response within 30 days to avoid being potentially subjected to thousands of dollars in fines. Contact a lawyer to discuss your legal options.
Are you an Eastlink customer? Have you downloaded movies through BitTorrent? Tell us your story in the comment section below!
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