It is natural to have questions about a new process and it is important to establish the integrity of each answer.
Is the notice I received from my ISP a legal document?
Your Internet Services Provider has directed the Notification of Claimed Infringement to you on behalf of the Copyright Agent who represents the rights owner or licensee. It provides you with an overview of a claim of copyright infringement which may reference digital evidence collected to support any form of a legal proceeding in the event the rights holder elects to pursue further remedy through a legal process. It is, however, a notice only and at this time you have not been named to any legal proceedings. In accordance with the provisions of the Canadian ‘Copyright Modernization Act’, your ISP is legally compelled to transmit a Notice of Claimed Infringement to their customer, upon receipt of such a notice or, as soon as practical thereafter. The ISP will confirm the notice was indeed transmitted to you as the account holder assigned use of the internet protocol address (IP) at the date and time the investigation into the infringing activity took place. Your ISP is also required by law to retain records information, which will identify you, for a period of six (6) months from the date of the notice in the event the Rights Holder wishes to pursue further legal remedy as prescribed under Canadian laws and statutes.
How do I know this is not SPAM?
A Notice of Claimed Infringement is not a spam email, it is a PGP signed document transmitted to you directly by your ISP. SPAM email messages are subject to CASL (Canada Anti-Spam Legislation) and senders of spam email messages can be found liable for damages under that Act. Your ISP is not a sender of spam email messages; the Copyright Agent has worked closely with your ISP to facilitate your receiving the Notice of Claimed Infringement and to ensure compliance with all provisions under Canada’s Copyright Modernization Act.
What is PGP?
Pretty Good Privacy (PGP) is a data encryption and decryption computer program that provides cryptographic privacy and authentication for data communication. PGP is often used for signing, encrypting, and decrypting texts, e-mails, files, directories, and whole disk partitions and to increase the security of e-mail communications, and to authenticate the sender. The latter is used to detect whether a message has been altered since it was completed (the message integrity property) and the former to determine whether it was actually sent by the person or entity claimed to be the sender (a digital signature).
What are SSL and TLS?
Secure Sockets Layer (SSL) and Transport Layer Security (TLS) are commonly used protocols to allow client-server applications to communicate across a network in a way designed to prevent eavesdropping and tampering. TLS will negotiate a secure connection through an exchange procedure during which the client and server agree on various parameters used to establish the connection’s security. If any one of the steps during the negotiation fail the TLS fails and the connection will not be created. TLS is commonly used in online financial transactions and it has been incorporated into our platform to guarantee security throughout the entire resolution process…
What happens with my information?
All information including Notifications of Claimed Infringement is housed offline. The information is not sold or provided to any third parties for any purpose unless production is compelled by a legal process. The information is removed and all electronic records are destroyed in accordance with governing legislation once the settlement process on the website is completed.
How do I receive my Settlement Agreement & Release of Liability?
Once your payment is submitted and validated, you will first receive a payment confirmation from the payment processor. Following the payment process you will be transported from the merchant processor back to Settle Online where the Settlement Agreement & Release of Liability is generated as a PDF document. This is why you are asked to provide a valid email address by the merchant processor.
We recommend that you retain the Settlement Agreement & Release of Liability in a secure place so it is not lost or misplaced, or rendered corrupt.
What is a digital signature?
A digital signature is a mathematical technique used to validate the authenticity and integrity of a message, software, or digital document. A digital signature can be found in the notice you have received as well as in the executed Settlement Agreement.
I think you are wrong because I did not download anything
We do not provide advice or counsel and we do not speak to any issues other than those listed here as a general interest. If you have questions of a legal nature we recommend that you speak to a legal practitioner who is familiar with this highly specialized area of Canadian law.
You can, however get general information on the methodology of the detection process on the website of the copyright agent: www.digitalmillernnium.ca
Who will see this?
The notice you received is not a public document and unless you wish to share it with someone, no one will see it.
Where does the money go?
All settlement funds are redirected to the rights holder less a processing fee. A small portion is also retained to continue operating anti-piracy enforcement programs in Canada.
Will anyone find out if I am taken to court for infringement?
The entire court process in Canada is subject to public scrutiny and public reporting. A pre-litigation settlement ensures your confidentiality; the best time to settle any legal
proceeding, for both parties, is the beginning. If a legal proceeding is commenced legal documents in Canada become publicly accessible and are easily sourced.
What will happen if I am identified engaging in copyright infringement again?
Using the internet to obtain legal content is just as easy as it can be when you acquire content illegally. You accept a risk when engaging in illegal activity and the risk of continued infringement may result in litigation against you for the new infringement.
I understand some Internet content is legal to download and share. How do I know if it is illegal to download something?
There is an abundance of material online on this topic and it is recommended that you undertake your own personal research when considering whether to download a digital media file from the Internet or not. Internet monitoring and tracking are commonplace activities in the multi-media world.
Settle Online will ensure efficient satisfaction through its delivery of neutral, electronic support.