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File Sharing and Copyright Infringement.

File Sharing and Copyright Infringement

At Olds Fibre Ltd. (operating under the brand name O-NET and owned 100% by The Olds Institute for Community & Regional Development) we are committed to deterring the sharing of and distribution of unauthorized copyrighted material.

“File sharing is where – (a) material is uploaded via, or downloaded from, the Internet using an application or network that enables the simultaneous sharing of material between multiple users; and (b) uploading and downloading may, but need not, occur at the same time.” 1

Your use of the Services constitutes your acceptance of this File Sharing and Copyright Infringement Policy (“Policy”). Please read the following sections carefully, as they constitute a legally binding agreement between you and Olds Fibre Ltd. (O/A O-NET).  If you do not wish to be bound by the Policy contained herein then you are prohibited from using or accessing the Services.  The terms of the Policy are subject to change, so we encourage you to periodically review this page in order to check the changes that may have been made to the Policy.  Every time you use or access the Services, you are agreeing to the terms of the Policy as they exist at that time.

Scope:

This customer Policy applies to all commercial and business relationships in which Olds Fibre Ltd. is engaged.

“While file sharing networks are not illegal in themselves, although much of the content on file sharing networks is music, film, television, books or software that is protected by the Copyright Act 1994. When a rights owner alleges that its copyright has been infringed via file sharing, the Act provides that the rights owner may require the relevant internet protocol address provider (IPAP) to issue infringement notices to the account holder concerned. The first infringement notice is a detection notice, the second is a warning notice, and the third is an enforcement notice. The Act makes provision for an account holder to challenge each infringement notice it receives, and for the rights owner to either accept or reject any such challenges.”1

The Policy is intended to comply with privacy legislation relating to commercial activity in all jurisdictions in which Olds Fibre Ltd. operates.

Review Officer:

In order to ensure compliance with this policy and applicable File Sharing and Copyright Infringement legislation, Olds Fibre Ltd. has appointed a Review Officer. If you have any questions about the application of this policy, please contact Olds Fibre Ltd’s Review Officer:

Review Officer,
Olds Fibre Ltd.,
#8B, 5221 – 46 St.,
Olds, Alberta,
T4H 1T5
403-556-6638
E-mail:  review.officer@O-NET.CA

Procedure:

Evidence of a claim does not imply guilt, nor is it the intent of OFL to determine guilt. Only a court can determine if a crime has actually taken place.

Olds Fibre Ltd. (O/A O-NET) respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our review officer the written information specified below.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A description of the copyrighted work that you claim has been infringed upon.
  • A description of where the material that you claim is infringing is located on the website, including the auction ID number, if applicable.
  • Your address, telephone number, and e-mail address.
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If a notice of File Sharing and Copyright Infringement is received by a complainant, the Review Officer will follow this procedure.

Is the Notice Valid?

  1. Does the claimant have the right and authority to issue claims of this nature?  Verification will be done on the identity of the claimant and to ensure they represent a copyright holder who is authorized to issue such claims.
  2. Does the claimant have any evidence of the infringement?  A review of the above requested relevant information will be done regarding the infringement such that we can determine the validity of the claim.

Action if infringement claim appears valid:

In the case where an infringement appears valid, the Review Officer will write a form letter to inform the IP holder of the claim.  No disclosure (as per Privacy Policy A1) of the IP holder will be disclosed to the claimant of infringement.

The letter will be in this format:

We are writing to inform you that Olds Fibre Ltd (OFL) (O/A O-NET) has received a complaint that

alleges that your O-NET Internet Service account has been involved in copyright infringement. This complaint was traced back to your account based on the IP address used at the time of this activity.

At OFL, we respect our customer’s privacy: we have not provided your personal account information to the complainant. It is OFL’s privacy policy to disclose such information to a complainant in this context only if ordered to do so by a court of law. Please visit (O-NET.ca) for more information about our privacy practices. To review the OFL policy on Acceptable Use, please visit (www.O-NET.ca).

We do, however, want you to be aware that this complaint was received by us and offer you the following information that may be of help to you:

  • If you are unaware of this type of activity originating from your account, you may wish to inquire with others who have access to your account.
  • You may also want to check your system for viruses, which may explain why this sort of activity is originating from your account.
  • If the ONT (Optical Network Terminator) is connected to a wireless router, please make sure that only your authorized computers can connect to it and access the internet. For help in securing the wireless router, please contact the undersigned.

Below is an excerpt from the complaint that we received regarding your account. We include it in this notice in an effort to help you identify the activity that is in question.

Sincerely,

Review Officer

Disclosure of Personal Information:

In the event that a court order is received to disclose to the claimant the name and other related information of the OFL customer, the OFL board will do so through the services of our corporate lawyer to the court requesting that the information be disclosed.

References:
1)  [2013] New Zealand COP 12 COP 015/12 UNDER The Copyright Act 1994 BETWEEN RECORDING INDUSTRY ASSOCIATION NEW ZEALAND Applicant AND TCLE[A]-T6518151 Respondent

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