Craig McNeil of Wallaceburg is shocked that he’s being sued for allegedly downloading and sharing an Afghanistan war film starring Scott Eastwood and Orlando Bloom.
“I wouldn’t know how to download anything. I don’t know how to do that,” McNeil told CKXS News after receiving a letter indicating that he was one of hundreds of defendants in a copyright infringement lawsuit.
According to a statement of claim filed in federal court in September of 2020, Outpost Productions LLC is seeking damages from 841 individuals who allegedly downloaded and/or uploaded the 2020 film The Outpost.
McNeil received the letter from TekSavvy last week, which said the internet service provider had been ordered by a federal court judge to disclose his name, along with the names of several other customers, to the production company.
“As required by the court order, we disclosed your name and address to the plaintiff on March 8, 2022,” TekSavvy said in the letter to McNeil. “Now that they know your name and address, the plaintiff can use it to advance their legal claim against you.”
In the claim, the production company said two notices were sent to each individual accused in the lawsuit and nothing was done to cease the infringement.
However, McNeil said he did not receive either notification; the first he heard about the lawsuit was from the recent letter from TekSavvy.
Andy Kaplan-Myrth, a lawyer employed by TekSavvy, who sent the letter to those named in the lawsuit, said while McNeil has yet to be contacted by Outpost Productions’ lawyers, he is technically already being sued.
“I would be quite concerned. I think the company is seeking damages. The company is serious enough about it that they started a court case,” said Kaplan-Myrth. “We recommend people talk to a lawyer about it.”
While he lives alone, McNeil acknowledged the possibility that someone visiting his home could have downloaded the film.
“I know people can attach to your internet. I don’t know how they do it, but I know they can do it,” he said. “There’s been very few people who have been in my house… I’m at a loss on this right now.”
McNeil admitted he recalls seeing the film at some point but doesn’t believe it’s fair that he should have to pay for a film he did not download and distribute.
“No one wants to be sued and no one wants to be sued for something they really don’t think they did,” he said. “Torrents and something called Popcorn? And that’s how they get your IP address? All these things don’t mean anything to me.”
Ken Clark, a Toronto-based lawyer representing Outpost Productions, said the individuals identified through the court order will be mailed the statement of claim and be given a chance to offer a defence.
Clark said an individual sued for copyright infringement is typically asked to pay damages, which can range from $100 to up to $5,000.