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Music Industry Loses In Canadian Downloading Case

Posted by timothy on from the land-of-the-free-once-removed dept.

pref writes "'Canada's music industry can't force Internet service providers to identify online music sharers, a Federal Court judge has ruled.' They wanted the Internet service companies like Sympatico, Rogers and Shaw to give them the real identities of the individuals so they could sue them for copyright infringement. They were seeking a court order requiring the companies to provide the information. But they didn't get it, so the Internet companies don't have to identify their clients and the music companies can't proceed with their lawsuits.""

5 of 736 comments (clear)

  1. Error in Title by Dashing+Leech · · Score: 5, Informative

    It's not a "downloading" case, it's an "uploading" (distribution) case. Downloading is legal in Canada.

  2. Re:Don't even think it by jemartin · · Score: 5, Informative
    According to the CBC, the Judge ruled that file sharing is within the bounds of Canadian copyright law.

    Specifically, from the Judge's ruling: "No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings. They merely placed personal copies into their shared directories which were accessible by other computer users via a P2P service."

  3. Other newsfeeds by damian.gerow · · Score: 5, Informative

    Two other newsfeeds are carrying the story as well -- both say essentially the same thing, but CBC has some related stories that may be worth reading: The Toronto Star and CBC

    IANAL, but I believe this comes from the quirk in Canadian law that you may make copies of something for yourself quite legally, just not for others. Since the people sharing aren't making the copies, it's legal.

  4. How to apply as a skilled worker immigrant by Gord.ca · · Score: 5, Informative

    In case you're tired of living in a freedom-loving dictatorship, here's how to apply as a skilled worker immigrant to Canada:
    http://www.cic.gc.ca/english/skilled/how-1.html
    It seemed relavant :) (Wouldn't I be surprized if someone actually takes it...)

    --
    The opinons expressed are those of the voices in the author's head and are not necessarily those of the author.
  5. Re:Don't celebrate yet. by JohnWiney · · Score: 5, Informative

    From the Globe and Mail's version: "The mere fact of placing a copy on a shared directory in a computer where that copy can be accessed via a P2P service does not amount to distribution," Justice von Finckenstein said. That means that making it easy to copy isn't the same as copying, and is not copyright violation.