Notice and Notice Wrapper



Hello,

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.

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.

(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.

Many notices are generated automatically and contain text written with foreign law in mind, not Canadian law. You should therefore 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.

(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.

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.

(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.

(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.

We have provided some links below. The notice, which we are required to forward unaltered, follows.

Copyright Act (see, especially, sections 41.25-26):
http://laws-lois.justice.gc.ca/eng/acts/C-42/

TekSavvy:
http://www.teksavvy.com/en/why-teksavvy/policies/legal-stuff/third-party-copyright-notices
http://www.teksavvy.com/en/why-teksavvy/policies/legal-stuff/privacy-policy
https://myaccount.teksavvy.com

Automated translation (hosted outside Canada; you may need to copy and paste):
https://translate.google.com/?hl=fr
http://www.bing.com/translator/

--- Forwarded Notice of Infringement follows: