Ski Mask Posted April 1, 2004 Share Posted April 1, 2004 Court rejects music lawsuit Internet providers don't have to name users BY ANGELA PACIENZA CANADIAN PRESS File swappers in Canada can rest easy for the moment after a Federal Court ruling today said that uploading music files into shared folders on peer-to-peer networks like Kazaa is legal. Justice Konrad von Finckenstein's decision throws a wrench into plans by the music industry to sue people who share songs over the Internet. Unlike similar cases in the United States, he said the Canadian Recording Industry Association (CRIA) didn't prove there was copyright infringement by 29 so-called music uploaders. CRIA had sought a court order to force Internet service providers to identify alleged high-volume music traders identified only as John and Jane Does. Without the names, CRIA can't begin filing lawsuits. The ruling follows a recent decision by the Copyright Board of Canada that downloading music in this country is legal. Von Finckenstein said that downloading a song or making files available in the shared directories does not constitute copyright infringement under the current Canadian law. "No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings," he wrote in his 28-page ruling. "They merely placed personal copies into their shared directories which were accessible by other computer users via a P2P service." He compared the action to a photocopy machine in a library. "I cannot see a real difference between a library that places a photocopy machine in a room full of copyrighted material and a computer user that places a personal copy on a shared directory linked to a P2P service," he said. CRIA said it would not be derailed in its fight against music piracy and will appeal the ruling. "We feel that we have firm grounds for appeal," CRIA president Brian Robertson said in an interview. "You cannot have widespread copyright infringement without any penalties or deterrents. We believe the case that we filed was a strong case proving copyright infringement. It's something we will continue to pursue." He added CRIA will continue to seek the identities of the 29 John and Jane Does it has collected evidence against. The verdict sent shock waves through the industry and surprised some copyright analysts. "It raises questions of the viability of suing individual users in Canada under current Canadian copyright law," said Michael Geist, a professor at the University of Ottawa specializing in Internet and e-commerce law and technology counsel with the law firm Osler, Hoskin and Harcourt. "It is a remarkable decision. He's clearly ruled that (uploading/downloading) activity isn't unlawful." Calling the decision "stunning," Geist anticipates it will push the industry to increase lobbying efforts for legislative change to copyright laws. The recording industry is pushing for Canada to sign the World Intellectual Property Organization Performances and Phonograms Treaty which would automatically change some copyright law including the definition of distribution like that done via Kazaa, WinMX, eMule and iMesh. Internet forums were abuzz with the news, the majority in favour of the judge's decision. "I think I know what country I'll go to college in now," wrote "danhm" on the slashdot.org forum. "Nice to see privacy winning one for a change. Now if we can get the U.S. Supreme court to rule the same way. After all, they've been using foreign court rulings more and more recently," added "Sharp'r." Last month, the industry association took five Internet service providers to Federal Court, trying to force the companies to hand over the names and addresses of 29 people who allegedly shared hundreds of songs with others over the Internet last November and December. The alleged infringers are currently identifiable only through a numeric Internet protocol address and user handles like Jordana(at)KaZaA and Geekboy(at)kazaa. Bell Canada, Shaw Communications, Telus Communications and Rogers Cable all fought CRIA's request. Videotron agreed to comply, saying owner Quebecor is also concerned about piracy in other parts of its business, which includes newspapers, television, Internet services and CDs. Peter Bissonnette, president of Shaw Communications, was delighted with the ruling. "We are very, very pleased and I'm sure our customers are as well," he said from his Calgary office. Shaw had argued privacy legislation protects the identities of its clients. "We have obligations to protect the privacy of our customers. We've always taken that approach," said Bissonnette. Shaw and the other ISPs also argued the information they'd be forced to collect wouldn't be 100 per cent accurate because of the dynamic nature of IP addresses. Today's decision combined with a recent Harvard Business School study on CD sales strikes a blow to a worldwide movement to curb music swapping, says Howard Knopf, a lawyer who represented the Canadian Internet Policy and Public Interest Clinic in the case. The study, released yesterday, found that downloading had no impact on sales of CDs in recent years. "The recording industry can't prove that they have a problem," said Knopf. "This P2P may actually be saving the record industry from worse problems." Earlier this week, the London-based International Federation of the Phonographic Industry held a news conference to outline its international campaign against music piracy, pointing to lawsuits launched in Germany, Denmark, Italy and Canada. The group claims worldwide sales of recorded music fell seven per cent in 2002, and added that it expected figures for 2003 to show sales dipping by at least the same amount. In the United States, the recording industry has sued 1,977 people since launching its assault against illegal file-sharers last fall. It has reached out-of-court settlements in around 400 cases Link to comment Share on other sites More sharing options...
iloveboxcars Posted April 1, 2004 Share Posted April 1, 2004 beat me to it. but yeah, definately another reason why canada is better than thou. Link to comment Share on other sites More sharing options...
Dr. Dazzle Posted April 1, 2004 Share Posted April 1, 2004 No. Stay away. We don't want any of you...... Link to comment Share on other sites More sharing options...
seven.13 Posted April 1, 2004 Share Posted April 1, 2004 Ah....I'm loving living in Canada more and more each day. :P Link to comment Share on other sites More sharing options...
CLICKCLACKONER Posted April 1, 2004 Share Posted April 1, 2004 I would love to live up thur but the winters is way to BRUTAL. This is coming from somebody that lives in the north east. Link to comment Share on other sites More sharing options...
Guest Posted April 5, 2004 Share Posted April 5, 2004 ^please. Winter in Vancover is a joke. It's chilly and rainy but NOTHING even close to winter. Winnipeg is cold, but no one lives there. Toronto has the same winters as Detroit ot Boston but with less snow (lake effect snowfall). Montreal has winters, but crazy hot girls to keep you warm. Link to comment Share on other sites More sharing options...
Easy E Posted April 5, 2004 Share Posted April 5, 2004 Originally posted by Kilo7- Winter in Vancover is a joke. Link to comment Share on other sites More sharing options...
adderall Posted April 5, 2004 Share Posted April 5, 2004 canada sounds pretty good to me.. tokin some nugs and swapping tunes.. Link to comment Share on other sites More sharing options...
suburbian bum Posted April 5, 2004 Share Posted April 5, 2004 That brings up another issue. It is the common conception by americans that weed is legal in B.C. I read in a book that this is not true. Is it true? I was just in Vancouver last week. I plan on going to college somewhere in that part of the world. Link to comment Share on other sites More sharing options...
Easy E Posted April 5, 2004 Share Posted April 5, 2004 no, weed is not legal here. but you wont go to jail for haveing a couple grams. just a fine if im not mistaken? or has that changed? Link to comment Share on other sites More sharing options...
Dr. Dazzle Posted April 5, 2004 Share Posted April 5, 2004 Originally posted by Easy E no, weed is not legal here. but you wont go to jail for haveing a couple grams. just a fine if im not mistaken? or has that changed? I believe they have now ratified the laws all across canada, so that 15 grams or less is something like a $250 fine. I think 15-30 grams is a $600 fine, and more than 30 grams is $1000. Something similar anyway... But gay marriages are legal in BC..... Link to comment Share on other sites More sharing options...
Guest Posted April 5, 2004 Share Posted April 5, 2004 Originally posted by Dr. Dazzle But gay marriages are legal in BC..... yeah THAT will get the 12ozers moving north. :rolleyes: Link to comment Share on other sites More sharing options...
Easy E Posted April 5, 2004 Share Posted April 5, 2004 Originally posted by Kilo7- yeah THAT will get the 12ozers moving north. :rolleyes: maybe the more limp-wristed 12ozers Link to comment Share on other sites More sharing options...
why write? Posted April 5, 2004 Share Posted April 5, 2004 lucky bastards. Link to comment Share on other sites More sharing options...
Guest HESHIANDET Posted April 5, 2004 Share Posted April 5, 2004 i have been in police custody for so many various bad things i can't believe i was never charged w anything. the police there still have this "just kids having a lil fun" mentality. crazy. i love it... if things go kablowee for me im dipping to either mtl, bc, or sf.. thats my word pussies Link to comment Share on other sites More sharing options...
Guest BROWNer Posted April 6, 2004 Share Posted April 6, 2004 Konrad von Finckenstein Link to comment Share on other sites More sharing options...
villain Posted April 6, 2004 Share Posted April 6, 2004 I hear winters in western canada like bc aint even that bad. And from observing jetstream patterns and whatnot it would appear to be so. Link to comment Share on other sites More sharing options...
square Posted April 6, 2004 Share Posted April 6, 2004 Originally posted by Dr. Dazzle I believe they have now ratified the laws all across canada, so that 15 grams or less is something like a $250 fine. I think 15-30 grams is a $600 fine, and more than 30 grams is $1000. Something similar anyway... people are extermely misinformed. the period of decriminalization ended shortly after last summer. everything is back to the way it was, the proposed ticket system never went anywhere. maybe because of the USA's opposition to decriminalization. talk about taking a step in the wrong direction... Link to comment Share on other sites More sharing options...
earmuffs Posted April 6, 2004 Share Posted April 6, 2004 winters here are far from cold...just rains 90% of the time. Link to comment Share on other sites More sharing options...
Guest Posted April 6, 2004 Share Posted April 6, 2004 lucky west cost people. I'm thinking I might move there one day. My girl's itching to get back there because apparently my city is 'full of assholes'. Probably true :o Link to comment Share on other sites More sharing options...
Dr. Dazzle Posted April 6, 2004 Share Posted April 6, 2004 Originally posted by <KEY3> lucky west cost people. I'm thinking I might move there one day. My girl's itching to get back there because apparently my city is 'full of assholes'. Probably true :o See you there in '06! Link to comment Share on other sites More sharing options...
Guest Posted April 6, 2004 Share Posted April 6, 2004 dude.. I'm seriously considering a move. you ever get that feeling where if you dont change something that you'll be stuck where you are? Well I'm in a cushy place right now, but a move to someplace different could light the fire under my butt to start that hustle. I'm thinking NewZealand. Maybe Brazil. Link to comment Share on other sites More sharing options...
effyoo Posted April 6, 2004 Share Posted April 6, 2004 Originally posted by <KEY3> dude.. I'm seriously considering a move. you ever get that feeling where if you dont change something that you'll be stuck where you are? Well I'm in a cushy place right now, but a move to someplace different could light the fire under my butt to start that hustle. I'm thinking NewZealand. Maybe Brazil. i hear you loud and clear on this one, bro. my life is in such a rut right now, if something drastic doesn't happen soon i know that i'm going to toil away in obscurity up in the tundra. i most definately need that fire lit under my ass to get moving again. Link to comment Share on other sites More sharing options...
-->Def$tar! Posted April 6, 2004 Share Posted April 6, 2004 Originally posted by Kilo7- yeah THAT will get the 12ozers moving north. :rolleyes: Probly just the NightOwls. Link to comment Share on other sites More sharing options...
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