Copyright Notice of Claimed Infringement

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Copyright Notice of Claimed Infringement

Post by Trekker »

Looks like SoF is going to be BUSY again judging by the following notice I received!
BTW, ESA is hiring if anyone is interested :troll:
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Re: Copyright Notice of Claimed Infringement (Account #XXXXXXXXX)

We have received a notice of claimed infringement on behalf of "Activision Publishing, Inc." who has claimed a file was illegally downloaded from xxx.xxx.xxx.xxx on 2018/10 .. at 24:59:60. Our systems indicate this IP address was assigned to your account at the time listed in the notice. As part of Canada's Copyright Modernization Act which came into effect January 2015, we are legally required to pass this attached notice from the copyright holder on to you as well as store a copy of the notice for 6 months.

There are some things to keep in mind while reviewing the attached notice:

While we are legally required to forward this notice to you, we have no way of verifying the accuracy of their claims as we do not track what you do on the internet;

We have not provided any of your personal information to the sender as the protection of your privacy is very important to us. Only a court order can force us to provide any information and we have not received a court order regarding this notice;

Many notices contain language inconsistent with Canadian law which generally limits damages to $5,000 for non-commercial infringement as opposed to the hundreds of thousands they often claim;
We are not able to provide you with any legal guidance on how to interpret their claim or offers,

however it is important to understand that no legal action has been taken against you at this time and you are under no obligation to respond to their notice.
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Entertainment Software Association
601 Massachusetts Ave., NW, Suite 300, West
Washington, DC 20001 USA

Attention:
Intellectual Property Enforcement
Website:

2018-10

ESA Reference Number:
IP Address: xxx.xxx.xxx.xxx
Date of Infringement: 2018-10

Dear Consumer:

The Entertainment Software Association ("ESA") is a trade association that represents the intellectual property interests of numerous companies that publish interactive games for video game consoles, personal computers, handheld devices and the Internet in the United States of America, in Canada, and in other countries (collectively referred to as "ESA members").
ESA is authorized by its members to act their behalf when it believes their copyright and other intellectual property rights have been infringed.

You are receiving this notice from ESA because our organization has a good faith belief that on 2018-10 ..., the Internet access account associated with the following IP address, xxx.xxx.xxx.xxx, was used to distribute (upload and/or download) one or more video game files in a manner that violates one or more ESA members' exclusive rights under Canadian intellectual property laws, including the Copyright Act, R.S.C. 1985, c. C-42, as amended.


Specifically, information at ESA's disposal indicates that someone using this account used a peer-to-peer service or software client to distribute and/or obtain one or more infringing copies of ESA members' games, including Soldier of Fortune (franchise), and we have forwarded this notice to you because the above-referenced IP address was associated with your account on the relevant date and at the relevant time.
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Joined: 23 Nov 2011, 16:42
Location: Canada

Re: Copyright Notice of Claimed Infringement

Post by Acadie »

I wish to understand more on what the notice is about and how you have received it. This speaks a lot with the Canadian law so I know I'm a part of the game.
Reactions: 5
Posts: 234
Joined: 22 Jan 2014, 22:58

Re: Copyright Notice of Claimed Infringement

Post by Trekker »

Specifically, information at ESA's disposal indicates that someone using this account used a peer-to-peer service or software client to distribute and/or obtain one or more infringing copies of ESA members' games, including Soldier of Fortune (franchise)
Notice is from my ISP.

It is about me downloading SoF and/ or sharing it.
Same as when people download movies, shows and software that they did not buy.

I have more than one legal copy of the game and can download a copy for back-up legally.

Laws in Canada are different than in US, Canada does not recognize IP as a proof in the Courts, US does.

This was more of a heads up to all that "they" are cracking down on "illegal" downloads and share of SoF.

Not that they can do much or anything but they do have to put up a show to please GoG while they collect loyalties. ;)
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