Why is ACN sending me this email?
Section 41.26 of the Canada Copyright Act, which came into force on January 2, 2015, requires ISP providers like ACN to forward to you any notice we may have received from the mentioned copyright owner.
In order to comply with the said Copyright Act, the notice must identify:
- What the alleged infringement is,
- The material to which the alleged infringement relates,
- The claimant’s name, address, and right with respect to it, and
- The electronic address, date and time of the alleged activity
When a service provider such as ACN receives such a notice, we must do two things: forward the notice to the alleged violator, providing either a success or failure receipt; and retain the information allowing the accountholder’s identity to be kept for a period of six months. Should the copyright owner responsible for sending the notice commence any court proceedings; we may be required to retain the information for a period of more than six months.
Please note that ACN will not take any legal action against you.
I have received a notice of claimed infringement by email. What is going to happen to me?
As an intermediary, ACN has no knowledge of neither the contents of the notice, nor of the type of activity one engages in on the Internet.
We cannot take a position with regards to the accuracy of the notice, and we do not know what further steps its sender will take, if any.
As an intermediary, ACN is not in a position to answer questions about the circumstances surrounding this notice.
What we can tell you is that a notice from a private party does not entail any legal ruling, which only a court can render.
Further, there is no legal obligation to pay any settlement offered by a copyright holder.
There are various resources at your disposal to help deal with the notices. We have listed a couple of addresses below for your consideration:
What is ACN doing to protect its customers’ personal information?
Subscriber information and individually-issued Internet Protocol addresses are all personal information which we do not provide to the sender. We will not provide any personal information to any copyright claimant unless we are ordered to do so by means of a court order. And we will take every opportunity to make sure that our accountholders receive notice of if and when a court is asked to disclose their personal information.
What if my account was hacked, what can I do?
It is good practice to ensure that 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. The accountholder should always keep track of who has access to it.
How will I know if a rights holder intends to pursue a copyright infringement claim?
|If an issue were to progress any further, where full disclosure is ordered and eventually takes place, and the rights holder wishes to pursue their copyright infringement claim, then you will receive a notification from the rights holder personally. At that point, the issue will rest directly between you and the rights holder.
How was the copyright owner able to track me down?
|As an intermediary, ACN has no knowledge of the contents of the notice, of the type of activity you engage in on the Internet, nor how the copyright owner was able to track you down.
Who can I call or email if I have a question or issue regarding the copyright notice?
|You are under no obligation to respond to the copyright infringement notice. However, you may contact the copyright holder directly at the email and/or telephone number listed in the copyright notice we forwarded to you. Note, ACN forwarded the copyright notice to you because the IP address listed in the copyright notice was in use by your modem/router on the date/time specified in the complaint. We are required by law to forward you the notice. We have not shared your name or any other information about you with the copyright holder or any other organization.