Friday, June 21, 2013

Whassup - or not - in Voltage, Teksavvy, & CIPPIC Hearing on June 25, 2013?

I wish I could say something more useful about the full day hearing scheduled for Tuesday, June 25, 2013 in Toronto involving Voltage's attempt to get Teksavvy to divulge the identity of potentially thousands of its allegedly infringing subscribers. I have blogged about this extensively in the last few months and recently.

One had hoped that the main materials - e.g affidavits, transcripts if any of cross-examination, and  memoranda, would have been posted by now either by Teksavvy or CIPPIC, which has been granted intervener status to do what Teksavvy is unwilling to do, which is to oppose the motion and to protect its customers' privacy.

But I can't find anything new. The docket is rather confusing, but indicates a flurry of last minute activity including a motion by CIPPIC filed on June 19, 2013 to extend the time for it to file its motion record responding to Voltage that had been due on June 18, 2013 pursuant to the Court's order of May 13, 2013.

Presumably, the motion is still proceeding at 10:00 AM in Tuesday, June 25, 2013 at the Federal Court at 180 Queen St. W., Toronto.

Live tweets will be interesting and useful, if the Court so permits. I suggest the hashtag #Teksavvy - since the real issue here in many respects is Teksavvy's vigorous and expensive effort to date apparently directed at not taking a position on protecting its customers' privacy rights, and instead relying on a law school clinic to do the job. I have suggested several times that Teksavvy's cash flow is estimated to be between $5 and $10 million per month.

I'll update as soon as I find out - or am informed of - anything more.

There's a lot at stake on this motion, not least of which is whether a wide door will be opened to copyright trolling in Canada. It's too bad that the current holder of the keys  to this door is unwilling to do anything more than throw the keys to the door up in the air, and stand by to watch where they land.


PS #1: CIPPIC has provided me with the transcript of the cross-examination of Barry Logan of Canipre, who provided evidence concerning the alleged IP addresses of the alleged infringers. For the historically minded, here's a link to the corresponding document in the BMG case from 2004. Hoping to get more documents tomorrow at the latest.

PS #2: Here is CIPPIC's Memorandum of Fact and Law.

PS #3: Here is Voltage's Supplementary Memorandum of Fact and Law.

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