Earlier in 2022, Hitman Two Productions, which owns the rights to “The Hitman’s Wife’s Bodyguard,” filed a statement of claim targeting 4,006 Canadian internet protocol (IP) addresses. Using a new legal strategy, known as a “reverse class action lawsuit”, film production companies are suing thousands of Canadians for watching pirated movies online. This new legal strategy provides film production companies a cost-efficient way to sue large groups of people. Previously, they would have needed to file thousands of individual lawsuits to achieve this effect, which was not feasible because of the time and resources required.
How do these lawsuits work? It begins with BitTorrent technology. BitTorrent is a peer-to-peer file sharing system. The users of BitTorrent software are connected to each other. Once connected, each user can upload or download files, such as movies, from other BitTorrent users. Each movie has a unique and identifiable number. Using special forensic software, film production companies can identify the internet protocol (IP) addresses of BitTorrent users who download or upload their film. With this information, they can require internet service providers (ISPs), such as Rogers, Telus or Bell to release the names of the internet account holders. The film production companies then file lawsuits in Federal Court naming huge lists of internet account holders as defendants.
These lawsuits will likely encounter difficulties at trial. Our internet connections can be compromised by other users, including family members, guests, and internet hackers, and files can be shared without our knowledge or consent. As a result, it will be difficult for film production companies to prove the internet account holder personally infringed on their copyright by downloading or uploading the film.
If you are being sued in relation to downloading or uploading a movie or television show, contact Moss Hachey Law’s personal injury lawyers for a free consultation.
Please be aware that there are exceptions to the rules summarized above. This blog entry contains information of a general nature only and should not be relied on for legal advice. The information is current only to the date of publication and may be subject to change.
