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New regulations about illegal downloading go into effect in Canada on Jan. 2, 2015

Canada's new online copyright protection regulations allow holders to restrict downloaders

If you’re downloading files illegally in Canada on Jan. 2, 2015 you might be getting a notice from your Internet service provider (ISP) asking you to stop. So what’s new and how effective will these notices be in preventing piracy?

But that’s all – the notices are not the first stages of a lawsuit and you won’t go to jail. So what’s new and how effective will these notices be in preventing piracy?

The Jan. 2 rules just codify what ISPs have generally been doing the last ten years: they require providers like Rogers and Bell to send a letter, technically called a “Notice and Notice,” to the person connected to the IP address asking them to stop if they’re thought to be partaking in copyright infringement.

Your ISP isn’t going out of its way to track what you download though. Instead, it’s only required to forward notices it’s received from copyright owners.

And the notices can only ask you to stop—though there is some worry that copyright owners might try to sneak in demands for payment.

“If you pay us $3,000 by such and such a date, we will not sue you,” is one possible tactic, copyright lawyer Howard Knopf said during an interview. “The law was not intended to work that way and what people will not realize is that there’s no judicial process involved in that. And in the absence of a successful lawsuit, they’re not under any obligation to pay anything.”

Some ISPs have already sent the notices. According to a presentation by University of Ottawa professor Michael Geist, only five per cent of Rogers subscribers received a notice in 2011. Of those people, 68 per cent received a single notice; 89 per cent received two notices, and 1 in 800,000 received numerous notices.

And they seemed to work: Rogers told a House of Commons committee in 2011 that67 per cent of people who received a notice didn’t reoffend.

“People tend to take down what is offending, if it’s illegal, and tend not to repeat their behaviour. So it’s a very effective way of educating people to not infringe copyright,” Knopf, counsel at Ottawa law firm Macera & Jarzyna said.
But that doesn’t mean you can get away with downloading your favourite movie illegally. Copyright holders are still able to take people to court; but the case would be civil, not criminal, according to John Cotter, a lawyer with Osler law.

“In terms of rights and remedies, the copyright owner has what they’ve always had,” Cotter said. “So that if the recipient of the notice doesn’t take down the content in question, they have the same exposure they’ve always had to liability.”

Cotter said damages for copyright infringement can range between $500 and $20,000 for commercial activity.

And it’s far different than the United States where people have been ordered to pay millions. In 2009, Jammie Thomas-Rasset, a 32-year-old woman from Minnesota, was ordered to pay $1.9 million for downloading 24 songs.

“The cap is going to be $5,000 (for non-commercial activity), so nobody is going to lose their house over this,” Knopf said.
“But not only that, it’s a cap of $5,000 for that particular behaviour and all previous infringing behaviour against the works of all other copyright owners.”

Identifying the “pirate” can be difficult: The copyright holder has to bring evidence of copyright infringement before a court and ask the names associated with it be disclosed.

The ISP has to keep records of the notice for six months or up to a year if the issue goes to court within the first six months.  But they don’t have to give up the name of the person issued a notice unless there’s been a court order. And that can be difficult for the copyright holder to get.

There have been two notable cases in Canada where a copyright holder has tried to obtain names from an ISP—one was unsuccessful, the other is still before a judge.

In 2004, BMG Canada asked a court to order the disclosure of account information associated with 29 IP addresses believed to be involved with downloading 1,000 copyrighted music files from peer-to-peer sharing software. They were denied.

More recently, Voltage Pictures, the production company responsible for The Hurt Locker, took Teksavvy to court to try and obtain the names of people accused of downloading some of their content including Dallas Buyers Club. In this case, the court said they would order the disclosure of names provided Voltage Pictures pay the “reasonable costs” of finding the names associated with the IP addresses – a cost which the ISP has pegged at $346,480.68. Voltage Pictures suggested it should pay no more than $884.

IP addresses aren’t exact either – they’re like a license plate. They can provide information about who owns the car, but not who is driving.

The bill does have some detractors: The Canadian Independent Music Association, which represents independent artists, panned the bill in a written statement for not having a “take-down provision” which would force the illegal content off the Internet.

“The ‘notice‐and‐notice’ provision puts an unreasonable burden on copyright owners and creators to self‐police infringements ‐‐ while essentially allowing ISPs once notified of an infringement, to have no further involvement and thereby creating the untenable situation whereby infringements will continue.”

Canada’s new anti-piracy laws that went into effect this week, giving copyright holders an avenue to confront illegal downloaders. It is unlikely, however, that piracy will end overnight.

The U.S. and Britain currently have similar laws, or stronger ones, in place and illegal downloading is still rampant in those countries.

Sonepat sisters’ case: Rohtak District and Sessions Judge hails panchayat’s move, girls’ lawyer fumes

Rohtak, December 27

Rohtak District and Sessions Judge Sushil Kumar Gupta today said the alleged molestation and thrashing case involving two sisters of Sonepat could be settled through social intervention. The statement comes a 
day after a panchayat in Kansala village decided to attempt a compromise between the two parties involved in the case.
However, the girls’ lawyer, Attar Singh Pawar, termed the move to settle the matter through mutual compromise as well as the judge’s stance in this regard as “frustrating and unfortunate”.
“There is already social pressure on the girls and their family. Such a stance would increase the pressure on them manifold. This judicial officers should refrain from making such statements,” he stated.
Addressing media persons today, the judge said there was no legal obstacle in settling such cases of compoundable offences through a mutual compromise. This case could be settled by the panchayat if both sides agreed to it.
A special panchayat at Kansala village in the district yesterday made efforts to get it settled through a mutual compromise. A 33-member committee was also constituted for the settlement of the case.
The boys’ counsel, Sandeep Rathee, has welcomed the move to get the matter settled through a mutual compromise.
“Getting the matter settled through a mutual compromise with social intervention is a dignified option. I have no objection to it, provided my clients agree to it. However, it they are not, we will pursue the case in the court,” Rathee said.
Pooja and Aarti, two sisters from Thana Khurd village in Sonepat district, had accused three boys of Aasan village in Rohtak district of molesting them on board a Haryana Roadways bus on November 28. The sisters had thrashed the boys and lodged an FIR against them.
The accused — Kuldeep, Mohit and Deepak — were arrested and later released on bail, while a special investigation team (SIT) was formed to probe the matter. Polygraph tests of the complainants as well as the accused were recently conducted at CBI forensic lab in New Delhi recently.
Judge Gupta, however, pointed out that the outcome of the polygraph tests was not considered a clinching evidence, though it could provide leading clues to the investigators.

We get redressed NRI property encroachment cases faster: Advocate J.P.S. Ghuman

Edmonton (TNP) -  Staying outside India and having to deal with Property issues in the country, can be really a troublesome and a tuff job. Living overseas with limited ability to supervise their property,Non Resident Indians (NRIs) are often victims of property encroachment in India. "Typically people buy land for investment purposes and may seldom visit the plot of land. Such land becomes an easy target for encroachment because the wrong-doers know that the person is not supervising/ checking on the land and they also know that on encroachment it is difficult for the owner to fight a legal battle in absentia. Similarly, houses of NRIs are soft targets where tenants who have lived long enough may refuse to vacate a rented place. In most situations, the legal way of eviction could be time consuming because the tenancy laws in most states are skewed in favor of the tenants," explains Advocate J.P.S.Ghuman, Managing Director of NRI Legal Matters while talking with The NRI Post. 

A possessor enjoys certain judicial protection against third parties even if he is not the owner. This is in order to obviate unlawful acts of violence against the person in possession. However, illegal occupants take advantage of the prevalent laws with respect to possession and many owners face a lot of problem and harassment to get back their properties. The problem is worse in cases of NRIs who are not physically present to look after the properties and forced to depend on locals to look after the properties and litigation if any.

Prevention, then, is obviously better than cure and we have seen in an earlier article the various steps NRIs can take to prevent property encroachment. However, if your property has already been encroached upon, don't lose heart. "There are remedies provided under the law to get back the properties or protect any third party trespassing or interfering in the peaceful possession," Singh points out. But, as Sunder says, "be mentally prepared for a long haul." 
"Remedies are available under section 5 and 6 of the Specific Relief Act, 1963. A person who is dispossessed from his property can get possession on the basis of title and may recover possession merely by proving previous possession and subsequent wrongful dispossession," says Singh. 

Steps to get it back:-

Step 1: Get all the related documents 

In order to be able to prove that, it is important to have your documents in order. "To establish right on the property the owner or a person claiming possession must have documents such as the title deeds, jamabandis, mutation/ intkal, copy of the Will (if any) where the property has been inherited by way of a Will, original purchase agreement/sale deed, electricity bills, water bills and telephone bills etc.," Singh advices. "In addition, keep all payment receipts, cheques, bank drafts (if any) paid to the sellers and annual property tax receipts," advises Bangalore based Advocate Lokesh Anjanappa. 

Step 2: Seek legal help 

Find yourself a lawyer who can help you to quickly draft suitable notices of eviction and have them sent to the illegal occupants. "Discuss at length with the lawyer every minute detail pertaining to the disputed property and file a civil suit seeking 'restraint order' or 'injunctive relief' (Stay) against any continuing threat. Try and obtain copies of the encroacher's documents on which basis an illegitimate claim has suddenly cropped-up in air," says Anjanappa. 

Step 3: File a complaint with police 

"In addition to the Specific Relief Act, proceedings can also take place under section 145 of the Criminal Procedure Code. In states like Punjab, the Government has taken steps such as setting up of NRI police stations where a person who apprehends trespassing or wrongful dispossession can lodge a written complaint. In fact, a written complaint can be sent to the Superintendent of Police (SP) by way of registered post. Even if the SP fails to respond, a private complaint in the court can be filed through an advocate and the case can then be pursued through a special power of attorney (a relative or a close friend) where it is difficult for the owner to be present in India," says Singh. "You can even file a complaint in any police station if there are any threats of bodily harm from the party," says Sunder. 

Step 4: Be open to negotiation 

"Knowing that there are people backing you up could make the encroacher change mind. Also, keep the window of negotiation open so that the futility of it can be impressed upon the encroacher. Considering the financial impact on the property, legal fees, professional charges, lengthy trial period, related expenses, etc., the encroacher may think it more wise to invite the litigating party for some favorable out of court negotiations/settlement," Sunder says. 

Step 5: Be patient 

"Timelines in litigation in India are difficult to speculate. On an average a case takes a minimum of 2-3 years. The cost of litigation varies from case to case. It depends on the city where the case is filed (litigation cost is steep in cities like Delhi, Mumbai, Ahmadabad), the complexity of the case and type of lawyer engaged (for instance a designated Senior counsel who might charge on per hearing basis or lawyer with an experience of 10-15 years)," Singh says. Getting back encroached property is often a long winding legal process. The above steps provide a broad guide on what to do if you are in a similar situation. Do consult a professional for your individual circumstance.

Our Non Resident Indian clients can trust us to solve all the legal hassles pertaining to their Property matters in India. We have a team of Property consultants & Legal Advisors,  who is well-versed with all such issues and facilitates and quickly resolve  such iessues.

Any problem, in any Govt. Department relating to your Property in India, you can depute us to handle such matters and forget your worries &. rest is our job and you may relax. Your all the problems will be settled on a very nominal expense, we have the experience of handling such issues of our various clients, successfully who are residing in UK, USA, Canada and Middle East, etc. Mr. Singh added.

India recognises transgender people as third gender

Supreme Court recognises transgenders, tells Centre to fix job quota
Activists say landmark ruling by supreme court will help millions of people who face discrimination in India's conservative society

Asia Pacific Transgender Network founding member, Laxmi Narayan Tripathi (L) along with another member in New Delhi.

New Delhi - India's top court has issued a landmark verdict creating a third gender category that allows transgendered people to identify themselves as such on official documents.

Activists say it will give relief to millions of people who face discrimination in India's deeply conservative society.

The supreme court directed the federal and state governments to include transgendered people in all welfare programmes for the poor, including education, healthcare and jobs to help them overcome social and economic challenges.

Before Tuesday's judgment, transgendered Indians had to identify themselves as male or female in all official documents.

The court noted that it was the right of every human being to choose their gender while granting rights to those who identify themselves as neither male nor female.

"All documents will now have a third category marked transgender. This verdict has come as a great relief for all of us. Today I am proud to be an Indian," said Laxmi Tripathi, a transgender activist who had petitioned the court.

The court's decision will apply to individuals who have acquired the physical characteristics of the opposite sex or present themselves in a way that does not correspond with their sex at birth.

"The spirit of the [Indian] constitution is to provide equal opportunity to every citizen to grow and attain their potential, irrespective of caste, religion or gender," the court said in its order.

Recently, India's election commission for the first time allowed a third gender choice – "other" – on voter registration forms. The change was made in time for the national elections currently taking place.

Some 28,000 voters registered themselves in that category. Overall, there are an estimated 3 million transgender people in India.

Many transgendered people in India earn a living by singing and dancing at weddings and births, but others must resort to begging or prostitution

The NRI Post - Largest NRI News Portal: NRI jailed for life for cold-blooded murder of wi...

The NRI Post - Largest NRI News Portal: NRI jailed for life for cold-blooded murder of wi...: London - Cold and calculated murder of a young bride from Nawanshahr has resulted in her NRI husband being jailed for life by a British co...

NRI carriers bring gold into country legally

CHENNAI: Faced with curbs on gold imports and crash in international prices leaving it cheaper in other countries, gold houses and smugglers are turning to NRIs to bring in the yellow metal legally after paying duty. Any NRI, who has stayed abroad for more than six months, is allowed to bring in 1kg gold.

It was evident last week when almost every passenger on a flight from Dubai to Calicut was found carrying 1kg of gold, totalling up to 80kg (worth about Rs 24 crore). At Chennai airport, 13 passengers brought the legally permitted quantity of gold in the past one week.

"It's not illegal. But the 80kg gold that landed in Calicut surprised us. We soon got information that two smugglers in Dubai and their links in Calicut were behind this operation, offering free tickets to several passengers," said an official. The passengers were mostly Indian labourers in Dubai, used as carriers by people who were otherwise looking at illegal means, he said. "We have started tracing the origin and route of gold after intelligence pointed to the role of smugglers," he said.

Reports from Kerala said passengers from Dubai have brought more than 1,000kg of gold in the last three weeks. People who pay a duty of Rs 2.7 lakh per kg in Dubai still stand to gain at least Rs 75,000 per kg, owing to the price difference in the two countries. Gold dealers in Kerala say most of this gold goes to jewellery makers in Tamil Nadu and Andhra Pradesh.

Revenue intelligence sources said it was but natural for operators in the Gulf to take advantage of the situation and approach potential carriers. "There is always a steady stream of Indian labourers from the Gulf visiting Kerala, and they form an attractive target for these dealers. Since there is no risk involved, and some incentives thrown in, many of them are eager to carry someone else's gold," said an official.

The World Gold Council notes that India is the world's biggest gold consumer with a 20% share of global demand. Within the country, south Indian states account for 60% of gold sales. "Import duty on gold in India has increased from 2% to 15% between January 2012 and September 2013. Moreover, the Reserve Bank of India in June ruled out any credit transaction for imports, unless they were intended to make jewellery for export. This has reduced import of gold, forcing gold merchants to depend on smuggled gold," said the official.

These government measures to control the current account deficit did not reduce the demand for gold in the market. "RBI tried to discourage gold purchases because it doesn't have the utility of other commodities like oil or copper. It mostly sits there in lockers. But when the gold imports through proper channels have come down, merchants have started depending on illegal channels to meet the demand from consumers," he said.