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Music Industry Loses In Canadian Downloading Case

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.""

124 of 736 comments (clear)

  1. Canadians Are Evil by monstroyer · · Score: 5, Funny

    Of course Canada, a socialist country harboring terrorists, would have a judge corrupt enough to *not* allow the law to break down the doors (and backs) of pirates. The whole country is a cesspool of leftist anti-american pot smoking jocks. Half their salaries taxed and for what? Medicare, Infrastructure, Social Programs, and Freedom? Give me some good old fashioned blatant class differences based on race any day of the week. We need to buckle down and attack these northern communists ASAP. Axis of evil anyone? Downloading music is the first step to the downfall of America, we must stop them at all costs. I have a gun and i'm on my way!

    A better CAPTCHA solution?
    Sunday March 14, @02:10PM
    Pending

    To CAPTCHA or not to CAPTCHA?
    Saturday March 13, @06:12PM
    Pending

    Why Don't I Have a Girlfriend?
    Saturday February 07, @10:22PM
    Pending

    1. Re:Canadians Are Evil by jjohnson · · Score: 4, Funny

      *whoosh*

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    2. Re:Canadians Are Evil by jjohnson · · Score: 5, Funny

      Oh please... we are not *jocks*.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    3. Re:Canadians Are Evil by Anonymous Coward · · Score: 5, Funny

      Yeah, and those left-wing pinkos have a LIBERAL government! It's right there in the title "Liberal Party of Canada"! They don't even deny it, much less try to hide it, as any sane people should.

      And right on our continent, too! How can we allow this to stand?

    4. Re:Canadians Are Evil by MoonBuggy · · Score: 4, Funny

      But I thought it was America's duty to liberate people? Now I'm just confused!

    5. Re:Canadians Are Evil by tomhudson · · Score: 2, Insightful
      excuse me, but the music industry agreed to those "infringements on copyright" in return for a levy on recodable media (cds, tapes, etc).

      They thought it was a fair exchange when they agreed to it, but mp3 technology, and the decline in price of burners, now make them regret the deal.

      It's the old saying - they made their bed, let them sleep in it!

    6. Re:Canadians Are Evil by gagy · · Score: 2, Interesting

      The liberals are alright, but not liberal enough for me. Check out the NDP, my party of choice. You're going to think we're total commies after this.

      --
      -I DDoSed your mom.
    7. Re:Canadians Are Evil by Three+Headed+Man · · Score: 2, Funny

      Yup, we'd better invade them. Maybe they've got oil somewhere...

      --
      I'm probably at the karma cap. Mod up a funny troll instead, it lightens the mood :)
    8. Re:Canadians Are Evil by Stripe7 · · Score: 3, Funny

      Bush now has an excuse for invading Canada! We have to invade to protect our IP rights!

    9. Re:Canadians Are Evil by Curtman · · Score: 2, Funny

      Downloading music is the first step to the downfall of America

      Really 'eh? I better get on the bandwagon. I was against it before, but I'm sold.

    10. Re:Canadians Are Evil by quacking+duck · · Score: 4, Funny
      We do actually. The tar sands in the province of Alberta contain more than enough oil to sustain civilization for awhile--problem is that it's harder to extract and process than mid-east oil wells.

      Lest your prez gets any wacky ideas though, I can assure you that we DO NOT have any weapons of mass destruction! ;-)

    11. Re:Canadians Are Evil by Walkiry · · Score: 2, Funny

      You know, since I bought Unreal tournament 2004 I no longer think "whoosh" in these situations, the phrase that comes to mind is "Pancake!" :D

      --
      ---- Take the Space Quiz!
    12. Re:Canadians Are Evil by Wehesheit · · Score: 2, Funny

      Thats right We're Jaques

      --
      This P.I.G. will walk on the water, This P.I.G. will walk on the sea, This P.I.G. will walk whereever he wants.
    13. Re:Canadians Are Evil by MrAngryForNoReason · · Score: 4, Funny

      I can assure you that we DO NOT have any weapons of mass destruction! ;-)

      You claim that after unleashing Celine Dion and Bryan Adams on the world.

    14. Re:Canadians Are Evil by Dirtside · · Score: 4, Funny
      You claim that after unleashing Celine Dion and Bryan Adams on the world.
      Now, now, the government of Canada has apologized for Bryan Adams on numerous occasions.
      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    15. Re:Canadians Are Evil by Lumpy · · Score: 4, Funny

      Wasn't there a movie with John Candy in it about that exact topic...

      and if you did attack wouldn't they require you shout your insults in english AND french?

      --
      Do not look at laser with remaining good eye.
    16. Re:Canadians Are Evil by tanguyr · · Score: 4, Informative

      i know i'm going to regret this in the morning...

      See dear AC, there's this little thing called sarcasm.. I'd look into getting your sarcasm detector fixed

      The great-grandparent post is not (only?) an example of sarcasm, it's (mainly?) an example of irony. Irony means saying the opposite of what you mean, whereas sarcasm just means using a cutting tone designed to taunt or hurt. They very often go hand in hand: you'll utter an ironic statement in a sarcastic tone, but knowing and understanding the difference *absoluetely* guarantees you the distinction of most anal pedant in the room (prepending statements with "It's interesting to note that..." also helps).

      Damn you Sound and Sense, damn you to hell!

      i'll just get my coat now...

      --
      #!/usr/bin/english
    17. Re:Canadians Are Evil by s3nns · · Score: 2, Interesting

      It does. How you can talk about NDP-run provincial governments and not mention Saskatchewan, however, is beyond me.

    18. Re:Canadians Are Evil by Curtman · · Score: 4, Interesting
      Yeah, it proves the electorate doesn't give a damn about provincial finances until its too late. I'm a Manitoban, who saw us go from years of surpluses under the Tories back into a defecit under the NDP in just one term. They also were kind enough to reform the labour laws so that to form a union in a workplace, you need 30% support for it, and it takes 75% to support removal of the union. How nice and democratic. I sure hope the conservatives get their act together for the next election, that last one was a cake walk for Doer and his goofy policies. Just now I went looking for a link, and whats the top story on news.google.ca?

      Ontario is practically begging us to build a new mega project hydro dam at Wuskwatim, and these goofy NPDers are hesitant. We've got Ontario, and US State governors making trips here offering money to help build the thing. They're worried about the expenditure. These freaks need to go.
    19. Re:Canadians Are Evil by tanguyr · · Score: 2, Funny

      show me ;)

      but let's not get carried away

      --
      #!/usr/bin/english
    20. Re:Canadians Are Evil by rikkards · · Score: 2, Informative

      It was called Canadian Bacon. I loved it as it sterotyped us (Canadians) to a tee especially the common American belief that there is snow year round and is always cold.

    21. Re:Canadians Are Evil by EvilAlien · · Score: 3, Funny
      Bring it, Yank.

      First, you have to survive the guard bears.

      Second, you have to find us.

      You think we're spread out for no reason? HELL NO, the mad cow makes us loco. We'll mess you up, burn down the White House, crazy shit like that.

      --
      perl -e 'print $i=pack(c5, (41*2), sqrt(7056), (unpack(c,H)-2), oct(115), 10)'
    22. Re:Canadians Are Evil by Fishead · · Score: 2, Funny

      Arrogant Worms just popped into my head. Go download the song if you want. *singing* "The whitehouse burned burned burned, and we're the ones who did it... And the Americans ran and cried like a bunch of little babies wah wah waaahhhh. In the war of 1812!"

    23. Re:Canadians Are Evil by Sugadadee · · Score: 2, Informative

      Hey we made up for it with.... Alex Trebek (Like u dont watch jeopardy) Christopher Plumber Dan Aykroyd Donald Sutherland Eric McCormick (Will and Grace..I know you do LIAR!) Gil Bellows J. Adam Brown James Doohan Jason Priestley Jim Carey John Candy John Colicos Joshua Jackson Kate Nelligan Keanu Reeves ( now u know where the matrix is) Len Cariou Leslie Nielson (Ahhh Airplane) Margot Kidder Martin Short Mathew Perry Michael Ironside Michael J Fox Mike Myers Natasha Henstridge Ned Land Neve Campbell Pamela Anderson (Yup gotta love 'em ..err ... her) Phil Hartman Philippe Bergeron (I) Rick Moranis Roy Dupuis Sarah Polley Victor Garber (Daddy Warbucks..sweet) Basically .. All your media are belong to us.... Maybe you should attack. William Shatner Yannick Bisson

  2. Hooray! by Vargasan · · Score: 5, Insightful

    Hooray for Canada.

    Wait... Which country was the 'Land of the Free' again?

    --
    Putting the romance back into necromancer.
    1. Re:Hooray! by Shakrai · · Score: 5, Interesting

      Good for Canada! I don't really think it's an ISPs business to get involved in civil matters between outsiders and their clients. If I ran an ISP in this day and age I would keep my radius and/or DHCP logs for 24-48 hours. If RIAA can't subpoena me in that amount of time that's their problem.

      Does anyone know what the outcome of the similar case in the US is? Last time I heard anything the appeals court had reversed the lower court decision -- so RIAA started suing IP addresses (some of which weren't in the US as I recall). Was there any resolution to this or is it still in litigation?

      As an aside I don't really think it's the business of an ISP to hide their customers when they break the law either. I just think RIAA should be held to a higher burden of proof then just giving a judge (or a clerk) an IP address and getting the name of that customer. They should actually have to prove that IP address was engaged in illegal activities. Does anyone here really think they can do that for each and every file sharer? If this was held to a real burden of proof these cases would stop tomorrow.

      I wish somebody would have the backbone to actually fight one of these instead of rolling over and settling. It's basically going to come down to "He said"/"She said". Sure RIAA says I was sharing files -- can they prove it with the testimony of a neutral third party? Somebody they are paying to find people on P2P networks hardly qualifies as neutral.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    2. Re:Hooray! by Anonymous Coward · · Score: 5, Interesting

      It goes much farther than reported here. I have just heard the details on TV.

      It seems that what most music downloaders do is perfectly legal here in Canada. The only limitation is that the download must be for the user's own use.

      Futher, THE BURDEN OF PROOF IS ON THE MUSIC INDUSTRY TO PROVE THAT YOUR INTENTION WAS TO DOWNLOAD FOR THE PURPOSE OF COMMERCIAL RESALE!!!

      THEY NOT ONLY HAVE TO CATCH YOU DOWNLOADING, THEY HAVE TO CATCH YOU SELLING!!!

      Don't you wish that the USA had civilised laws like that?

    3. Re:Hooray! by Vargasan · · Score: 2, Funny

      I'm not sure they have "reality" in the US. I've seen the so-called "Reality" television shows and they don't seem very realistic to me.

      --
      Putting the romance back into necromancer.
    4. Re:Hooray! by Crudely_Indecent · · Score: 5, Interesting

      As a network admin for an ISP, I can say that SPECIFICALLY FOR THIS REASON I delete logs after 5 days. When the local police or FBI calls asking if we have logs for a certain period of time I happily say "Nope, we delete logs after 5 days" and send 'em packing. I can't afford to have any of my servers taken for evidence. 5 days of logs is just enough to deal with the trivial issues that commonly arise, and just short enough that no government agency will be asking me for them (ain't beaurocracy grand)

      Keeping the anonymity of our clients is one of the few luxuries that an ISP has left. If I began handing out my customers names to ever government agency that demanded them, this ISP would go out of business quickly. Who wants an ISP that will sell them down the river? Word of mouth spreads quickly, and I like my job!

      I figure, it's none of my business what you do with your connection. As long as you don't attack my infrastructure I won't stop you. If you get caught doing something illegal, I didn't help catch you. You have nobody to blame but yourself.

      Until they pass a law requiring me to keep these logs, I'll continue to delete them.

      --


      "Lame" - Galaxar
    5. Re:Hooray! by BuckaBooBob · · Score: 2, Interesting

      Sounds like your Servers are a Prime Target for your servers to be taken for Data recovery.. and if you start using a data eraser then you could get hit with a a number of things like aiding, obstruction ect... Just hope you don't have any terrorists using your service (That would be one situation where they might put your practices under the microscope)

      --
      Who needs WiFi when we can have Packet Over Sheep! http://datacomm.org/PoS-InternetDraft.txt
  3. That's so sad! by neiffer · · Score: 5, Funny

    I was hoping to get sued in Canada instead of the States. After the exchange rate, I was hoping to pay about $0.78 per song, beating the iTunes price!! :)

  4. So wait a minute by Anonymous Coward · · Score: 2, Funny

    Comprehensive health care, weed is basically legal, and the music industry has lost!?!?! Why do we pick on Canada again?

    1. Re:So wait a minute by strike2867 · · Score: 3, Insightful

      Legal access to addictive drugs

      Well its now 10am and Im on my 5th cup of coffee. Time for my cigarette break.

      Socialized health care.

      Ohh crap. Tripped down stairs. Leg hurts like hell. Time to go to a doctor.

      Me: My leg hurts.
      Doctor: Stay off it.
      Me: How much do I owe you?(after paying bill I apply for Chapter 11)

      --

      Vote for new mod!!! Score:-2,Imbecile
    2. Re:So wait a minute by RetroGeek · · Score: 5, Insightful

      Legal access to addictive drugs

      What, you cannot buy cigarettes where you live?

      --

      - - - - - - - - - - -
      I am a programmer. I am paid to produce syntax not grammar. Deal with it.
  5. Awesome. by danhm · · Score: 3, Insightful

    I think I know what country I'll go to college in now.

  6. Dion or no.. by Borg453b · · Score: 4, Funny

    Dion or no Dion - I'm moving to Canada :D

    --

    - Mad, ingenous - they've both left you puzzled -
    1. Re:Dion or no.. by xarak · · Score: 2, Funny


      Don't go! They've also got Bryan Adams and Shania Twain!

      And beware the howl of the Furtado - very few who heard it's wail lived to tell the tale.

      --
      Atheism is a non-prophet organisation
  7. Woo! Proxy Time by Gothmolly · · Score: 3, Insightful

    C'mon you Slashdotters in .ca, how about setting up some anon HTTP proxies so that the rest of us can download freely? Your ISP logs can't be subpoenad, so we can all download stuff via your pipes, and the Evil Record Companies can't do anything!!!

    --
    I want to delete my account but Slashdot doesn't allow it.
    1. Re:Woo! Proxy Time by BdosError · · Score: 2, Interesting
      Actually, it's only legal to download in Canada. Uploading is illegal.

      As others have said, this case (RTFA) doesn't deal with this, it's more about the music industry not having sufficient proof of infraction to compel the release of the names.

      --
      Complexity is Easy. Simplicity is Hard.
    2. Re:Woo! Proxy Time by Br!an+of+Paco · · Score: 5, Insightful

      "No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings," von Finckenstein 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." http://www.cbc.ca/storyview/MSN/2004/03/31/downloa d_court040331 Sounds to me like uploading's legal too.

    3. Re:Woo! Proxy Time by Abcd1234 · · Score: 4, Insightful

      As others have said, that's not actually true. The judge said, and I quote:

      "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"

      So, this goes to the heart of the P2P uploading matter. Basically, it's the judge's interpretation that making files available for download does not constitute uploading.

    4. Re:Woo! Proxy Time by FreeUser · · Score: 2, Interesting

      "No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings," von Finckenstein 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."
      http://www.cbc.ca/storyview/MSN/2004/03 /31/downloa d_court040331

      Sounds to me like uploading's legal too.


      No, uploading is not legal in Canada (IANAL, &c).

      Check your definitions again.

      Having a file on your hard drive is not, by any reasonable definition, uploading.

      Opening the door so that others can access your system is not, by any reasonable definition, uploading.

      Telling people your door is open (and what your address is) is not, by any reasonable definition, uploading.

      If people come through your open door and help themselves, you are not (by any reasonable definition) engaging in distribution. They are doing the copying, not you.

      Under Canadian law this is apparently legal. Ironic, as I just asked this question in another thread before this story ran ... because reading the Canadian law on the subject, it should, logically, be legal to run bittorrents, as it is solely an act of downloading, not uploading.

      --
      The Future of Human Evolution: Autonomy
  8. Go after the IP by grafikhugh · · Score: 5, Insightful

    What is to stop them from suing the IP number and using the court case as a means to identify the user? Didn't the RIAA have to take that aproach after losing a similair lawsuit ?

    --
    The Surgeon General says sigs are bad for me.
    1. Re:Go after the IP by netfool · · Score: 3, Insightful

      Its in the article - "No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings. They merely placed personal copies onto shared directories on their computers which were accessible by other computer users via an online download service," the judge wrote.

      --
      Left 4 Dead Gaming Group - http://www.l4dgg.com
    2. Re:Go after the IP by nuckfuts · · Score: 2, Insightful

      The majority of subscribers here in Canada use dynamic IP addresses. Last time I checked it wasn't even possible to pay for a static IP from Shaw. So unless ISP's can be forced to go through their DHCP logs and figure out who was assigned a particular address at a particluar time (which is what just failed to happen in court), knowing the IP address is useless.

  9. Don't even think it by SlartibartfastJunior · · Score: 2, Insightful

    "Until then, Canadian online music traders are free to keep swapping songs, Akin said."

    Um, but aren't they facing the chance of being sued anyway? So yes, you can go back to swapping songs, since nobody has been sued YET - but that doesn't mean you aren't leaving yourself open to it when they get their act together.

    1. 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."

  10. Woo Canada! by Jonas+the+Bold · · Score: 3, Interesting

    As an American living in Canada, I feel good about this. The main benefit from living in Canada I've found so far is just a lower stress level. The people at the wheel seem saner, more composed and less twitchy, it doesn't seem as absolutely imperative to pay attention the news, that sort of thing.

    Stuff like this only helps.

    --
    Everything seemed to be going so nice
    'till the end of all beings punched right through the ice
    1. Re:Woo Canada! by s20451 · · Score: 4, Funny

      The people at the wheel seem saner, more composed and less twitchy

      I guess you don't live in Quebec, then?

      --
      Toronto-area transit rider? Rate your ride.
    2. Re:Woo Canada! by Jonas+the+Bold · · Score: 2, Funny

      Am I the only person who thought this referred to the government? Everybody else seems to be taking it as a literal comment on the quality of drivers...

      Yeah, it did. By they were having so much fun I let them run with it.

      --
      Everything seemed to be going so nice
      'till the end of all beings punched right through the ice
  11. Hahahah... by Frennzy · · Score: 4, Funny

    Too bad for the R I Eh Eh, Eh?

  12. Actually, the ruling means a bit more by salemnic · · Score: 4, Informative

    Another Source

    This ruling not only means that the CIRA can't get user information from the ISPs, but that file swapping in Canada does not even infringe on copyright - it's completely legal.

    If you're Canadian, that means a big weight off your shoulders, for now.

  13. 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.

  14. Here's the CBC's take on it... by jaraxle · · Score: 3, Informative

    http://www.cbc.ca/stories/2004/03/31/canada/downlo ad_court040331

    Contains a few links to older information about the story and whatnot.

    ~jaraxle

  15. Good judges by flossie · · Score: 4, Informative
    "No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings. They merely placed personal copies onto shared directories on their computers which were accessible by other computer users via an online download service," the judge wrote.

    So this is what happens when you have tech-literate judges! Where can we get some from?

  16. Favourite qoute from a similar article by oblivionboy · · Score: 5, Insightful

    In a related article from canoe.ca , the judge was qoute as saying,"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,"

    Doesn't this analogy actually make more sense, than alot of the analogies to "theft" that the record industry has thrown out?

    On the other hand, it may not be that valid, because to actually photocopy an entire book would be prohibatively expensive. Where as with P2P whether you download an entire album or just one song its the same cost. Free.

    1. Re:Favourite qoute from a similar article by AndroidCat · · Score: 4, Informative

      This analogy is a direct comparision with another case just a few weeks ago where Law Society of Upper Canada, the governing body for Ontario lawyers, had a photocopier in their library...

      --
      One line blog. I hear that they're called Twitters now.
    2. Re:Favourite qoute from a similar article by CanadianGuy · · Score: 2

      Downloading is not free... I pay ~$40 per month for internet service, plus computers aren't cheap! :) Besides, I pay for downloads everytime I buy a blank CD, DVD, Video Tape, Audio Tape... soon to be hard drives and mp3 players (maybe, I hope not). For the matter of uploading, I agree with the judge... I merely make available my files, I do not distribute or broadcast them.

  17. Judge: File swapping not illegal by AndroidCat · · Score: 3, Informative

    The Canadian Press version of the story really slaps it to the record industry. Quite a different focus to it. Have to read all ofthem and boil them down to get the real facts.

    --
    One line blog. I hear that they're called Twitters now.
  18. 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.

    1. Re:Other newsfeeds by Anonymous Coward · · Score: 2, Informative

      Check out the intervener's website
      http://www.cippic.ca/ for more information,
      like all the court documents ( http://www.cippic.ca/file-sharing-lawsuit-docs ) or the full text of the decision itself ( http://www.cippic.ca/uploads/images/59/Court_Order _Denying_Motion_for_Disclosure.pdf ) or just a summary newsrelease ( http://www.cippic.ca/uploads/images/60/news_releas e_CRIA.pdf )

  19. Don't celebrate yet. by Liselle · · Score: 5, Interesting
    Well, I RTFA (someone reply with "You must be new here" for your free +5 Funny), and it doesn't look to be a cause for celebration. It seems as if they didn't present compelling enough evidence to the judge.
    "No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings. They merely placed personal copies onto shared directories on their computers which were accessible by other computer users via an online download service," the judge wrote.
    I'll wager that once the Canadian recording industry gets its wagons in a circle, they are going to try again. Regrettably, one failure won't stop them.
    --
    Auto-reply to ACs: "Truly, you have a dizzying intellect."
    1. Re:Don't celebrate yet. by chimpo13 · · Score: 5, Funny

      someone reply with "You must be new here" for your free +5 Funny

      Okay, I'm game. You must be new here.

      I'll turn off my karma bonus (all due to goatse links), and see what happens.

    2. 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.

    3. Re:Don't celebrate yet. by plalonde2 · · Score: 2, Insightful
      The issue is that making a copy for personal use is leagal in Canada. We pay a tax on recording media in exchange for this. Giving a copy to someone is illegal, and if I read it right the judge doesn't consider leaving data on a shared drive "giving" it to someone.

      Sanest decision I've seen in a while. Of course the NAFTA IP rationalization stuff that's going on will try to ram US values down the rest of our throats, further causing us to vilify americans.

    4. Re:Don't celebrate yet. by bitspotter · · Score: 2, Informative

      This an important conflict. By a common interpretation of Canadian copyright law, Downloading is legal. It's uploading that's the infringement. It was my impression that this interpretation was due to what party is viewed as causing the copy to be made.

      People who install Kazaa on their machine are in control of their machine, and are knowingly installing software that creates copies of files for anonymous transmission across the net. The uploader, then, is the one making the copy.

      But this takes that view and turns it upside down. So they're saying that, because Kazaa shares downloaded files by default, an ignorant user can be legitimately unaware that copyright infringement is happening on their box, and that makes them innocent?

      This is bizaare...

      After some consideration, this sounds more like a case of not being liable for what others do with your stuff. If you leave a case of CDs in an unlocked car, you're not responsible for the infringement if some thief breaks in and copies them all.

  20. Canadian court refuses ISP subpoenas by belmolis · · Score: 4, Insightful

    It isn't clear what the real impact of this decision is. If you read the article, it quotes lawyers as saying that the music industry prepared a sloppy case and that it can always try again. It may only be a temporary victory. But at least it sounds like the Canadian courts are requiring a higher standard of evidence of infringement than the US courts are.

  21. The loophole by Rascasse · · Score: 2, Insightful
    "No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings. They merely placed personal copies onto shared directories on their computers which were accessible by other computer users via an online download service," the judge wrote.

    First off, I'm surprised but elated that the Judge seems to have been technically competent enough to see this. However, downloaders be warned: the music industry will now proceed to actually participate in copyright infringement by downloading those shared songs or otherwise monitoring the downloads of those shared songs. The "my songs are shared out but were not actually downloaded" argument might not work next time.

    1. Re:The loophole by Swanktastic · · Score: 2, Interesting

      However, downloaders be warned: the music industry will now proceed to actually participate in copyright infringement by downloading those shared songs or otherwise monitoring the downloads of those shared songs. The "my songs are shared out but were not actually downloaded" argument might not work next time.

      Not to be too pedantic, but can a copyright holder actually violate their own copyright by pirating a copy of a song? It would seem to me that if I am the ultimate owner of a song, I have the right do do with it whatever I choose.

      Therefore, an RIAA representative downloading a song from a Napster node is not an illegal act on their part-- which means that it's not an illegal act on the part of the uploader?

      I feel like the RIAA can't have it both ways. If the act is illegal, then both parties are guilty. Or is the RIAA committing a crime, and then refusing to press charges against itself?

      I feel like I'm chasing my tail on this one...

  22. Re:but... by RedCard · · Score: 2, Funny

    i thought the mounties rode around on horses...

    When they do, it's usually part of a show.

    Or crowd control. People get out of a horse's way, most of the time.

  23. Re:Legality? by damian.gerow · · Score: 2, Insightful

    All the judge said was that the people sharing the music weren't committing any illegal acts. And depending on how you read Canada's copyright law, it may even be legal to download songs via P2P networks. It'll be interesting as this law is put to tests -- if the network traffic passes through the States, does it then become subject to American law? What if one person is in Canada, and the other isn't?

  24. Judge says "no copyright infringement" by thirty-seven · · Score: 5, Interesting
    Even more significant, in my opinion, is that the judge in this case said the reason why he wouldn't give a court order for the ISPs to release names is that he didn't consider this copyright infringement.

    Specifically, he said:

    "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."

    To me, this sounds like he's saying that standard P2P file sharing is not copyright infringement. It sounds like as long don't actively upload the file to someone else, or personally authorize them to download it from you, then its OK.

    --

    Atheism is a religion to the same extent that not collecting stamps is a hobby.

    1. Re:Judge says "no copyright infringement" by dreamer98 · · Score: 2, Interesting

      Canada's new Personal Information Protectiona and Electronics Document Act is starting to be tested with the issue of wheather or not companies can release private information to third parties. For an ISP like Shaw to release customer names to the CRIA would require consent (not likely) or the occurance of an illegal act.

  25. I like it! by gagy · · Score: 4, Interesting
    Earlier today I posted about how glad I am that I don't live in a twisted country like the US, because of a wonderful law that's being discussed. Here's a quick little tidbit.

    File sharing would be punishable by prison sentences of up to ten years in addition to large fines. Another bill introduced by Sen. Orrin Hatch (R-UT) and Sen. Patrick Leahy (D-VT) - Called the "Pirate Act" - would empower the Justice Department to initiate lawsuits against file sharers. According to the both the entertainment industry and Sen. Hatch, P2P networks are virtual dens of thieves, with the most pernicious of un-American activities occurring in an attempt to lure young Internet users into a lifetime of lawbreaking. In defending the Pirate Act, Hatch said the operators of P2P networks are running a conspiracy in which they lure children and young people with free music, movies and pornography. With these "human shields," the P2P companies are trying to blackmail the entertainment industries into accepting their networks as a distribution channel and source of revenue. "Unfortunately, piracy and pornography could then become the cornerstones of a 'business model,'" Hatch said in a statement. The illicit activities of file sharers "then generate huge advertising revenues for the architects of piracy."


    And Then I got flamed because in Canada we pay excise tax on CDs (and soon to be other recording media) because they can potentially be used for pirating copyrighted works. I totally agree with that law. The money goes to the recording industry (I think) and everyone is fairly content with the deal. (besides, it's only a few bucks and it seems fair enough to me. Yeah, i know, majority of the people use the CDs for legit purposes, blah blah blah).
    --
    -I DDoSed your mom.
  26. While in agreement with the ruling by lavalyn · · Score: 2, Insightful

    it's because it's on a technicality about "insufficient information."

    What's wrong with the CRIA obtaining subpoenas against people that they can positively identify as file uploaders of the member companies' copyrighted material? It's not outrageously hard to have somebody at minimum wage sit behind a terminal and try to download music from Canadian ip addresses. And once you have that, it's a known act of copyright infringement anyway, which as we all know, is illegal.

    I don't condone the recording industry's stance and think they should be looking to leverage the technology instead of fighting against it, but they do have the legal right to demand information on people that they have reasonable evidence of illegal activity on. Let them sue the people that upload, not people that use the technology that could either upload or not.

    Besides, I'm not sure we want the ISPs to take on the role of gatekeeper either. This is a legal liability on ISPs and the costs of that will be borne by the end-user.

    --
    Doing the Right Thing should not be preempted by making a buck.
    1. Re:While in agreement with the ruling by MKalus · · Score: 2, Insightful

      Yes, but if I understand the ruling correctly the Judge implies that there is no uploading happening.

      Which in a way makes sense, an upload would require a conscious action, no?

      Is a "Webserver" uploading to you? Or are you downloading?

      It is an interesting problem. If it sits on your personal computer and get's downloaded it is not mediated by you, then you can share as much as you like but probably can't just set up an FTP Server.

      Will be interesting to watch to see what CRIA is coming up with next.

      --
      If you want to e-mail me, use my PGP Key.
  27. 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.
    1. Re:How to apply as a skilled worker immigrant by MKalus · · Score: 4, Informative

      Current turn around time is ~2 1/2 months.....

      2 Weeks for HRDC
      6 Weeks for CIC
      2 Weeks for CPC

      M.

      --
      If you want to e-mail me, use my PGP Key.
    2. Re:How to apply as a skilled worker immigrant by sukotto · · Score: 3, Funny

      Or, you can apply for political asylum.
      This is the 2000 version of the form though. It might have changed more recently.

      --
      Come play free flash games on Kongregate!
  28. Re:Legality? by Cruciform · · Score: 4, Informative

    Yup, it's legal to download, but redistribution is still a no-no. So you have to force your client software into a 'leech-only' setting to remain within the law.

    Still, this doesn't mean Canadians will be able to get off scott free when it comes to downloading music and other media. The storage media levies that get put in place may be quite substantial, and I wouldn't be surprised to see a "study" result in a claim that people that use greater than X amount of bandwidth a month are more likely to be pirating and therefore should incur additional levies.

    On the plus side, Canadians are less likely to be robbed at gunpoint for their iPod full of tunes. ;)

  29. From the Judge: by big_groo · · Score: 4, Insightful
    From The Toronto Star: "No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings," von Finckenstein 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.

    Besides, the IP changes, and the ISPs *don't* have to divulge who had the IP at any given time. Kind of hard to sue in that case...

  30. summary is not really accurate by harlows_monkeys · · Score: 5, Insightful
    OK, think about this for a minute. Canadian law can't work the way the summary implies, because Canadians aren't idiots. To work reasonably, a legal system needs a way to allow you to discover the identity of someone you want to sue if they have done something that makes them legally liable to you.

    Reading the story, we see that this is indeed the case. The ISPs weren't compelled to release the IDs because the music companies had not shown sufficient evidence that a copyright violation had occured. If they had shown sufficient evidence, the ISPs probably would have had to cough up the names.

    1. Re:summary is not really accurate by kwandar · · Score: 2, Insightful

      "OK, think about this for a minute. Canadian law can't work the way the summary implies, because Canadians aren't idiots. To work reasonably, a legal system needs a way to allow you to discover the identity of someone you want to sue if they have done something that makes them legally liable to you. "

      Actually, it works this way because the CRIA failed to establish a liklihood of infringement by the parties they were going after, or that the names would even bind to the IPs.

      IF there was real infringement and IF they names were likely to attach to the IP numbers provided by the CRIA, the Court would undoubtedly allow the CRIA to have the names.

      What you may not realise however, is that the Court stated that merely having files in a folder available for sharing (or even being shared) is not copyright infringement, and this is where the CRIA's case really fell apart. They'd have to show you "actively" distributing (eg. advertising that you had the files available, or pushing an upload now, button).

  31. Open share is not Distribution by kwandar · · Score: 3, Informative

    I've been saying for a while in comments here on /. that leaving an open share (what the CRIA would refer to as uploading) would not necessarily constitute copyright infringement.

    According to the Globe and Mail, the judge stated ""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"

    This is a huge win for the Canadian public if it stands on appeal as Canadians will be legally able to download, and to have music available in shared directories, allowing both uploading and downloading.

  32. Re:In that case... by Shakrai · · Score: 5, Interesting
    In that case you might be the one breaking the law. Where I live, any ISP is required by law to keep such logs for at least a month

    Well I worked in the ISP business for three years and we never heard of such a law. Of course we kept our logs for a longer period of time then that but we were never subpoenaed for them.

    I wonder what would happen if you just ignored their initial e-mail subpoena request the way AOL used to ignore their abuse mailbox. By the time they get around to mailing you a certified letter hopefully your logs will have expired and they are SOL.

    Sorry, but as a network admin I have better things to do then research my clients for RIAA when they haven't even won any sort of lasting judgment saying they have the right to this information.

    If law enforcement comes knocking and tells me that one of my clients threatened to kill the President or blow up the school then that's quite another story (somebody's life might be in danger).

    But if RIAA wants me to spend a couple hours digging though my logs then they can pay me my usual consulting rate to do it. And they will agree to indemnify me in the event that they lose their case saying they have the right to this information and my client(s) that I turned over decide to sue me. Otherwise they can go to hell.

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
  33. Re:OH Canada. by s20451 · · Score: 4, Informative

    How long can Canada do this before they get pressured to follow in their oppressive neighbors' lead?

    I'm sorry ... who's oppressive now?

    Canadian broadcasting law includes Canadian content restrictions. Fully 35% of all music broadcast on Canadian radio must be CanCon, meaning at least two of the composer, performer, recording venue, and lyric writer must be Canadian. For television the fraction is 50%.

    Sounds pretty benign, until you realize that it is therefore illegal for US stations to broacast in Canada, which includes satellite broadcasts. It is illegal to receive US-based satellite signals in Canada, and doing so could result in a visit from the RCMP and confiscation of your satellite equipment. All this for simply watching HBO, MTV, or even the Superbowl commercials (local stations rebroadcasting the Superbowl in Canada substitute their own ads).

    In spite of this, Canadian television has yet to produce a domestic hit television series, and virtually all our recording artists flee to the states.

    --
    Toronto-area transit rider? Rate your ride.
  34. Copyright infringement by thomasdelbert · · Score: 3, Interesting
    This case at first appeared to be a case of on-line privacy, but the ruling does little to protect that. The only privacy ruling that the judges made is that the music industry needs to prove that copyright infringement occured before they can subpoena.

    The real ruling is that simply putting the mp3 files into a shared directory (via a P2P) is not copyright infringement - that goes under personal use. IANAL, and I haven't read the text of the ruling, but to make a call like that probably requires the judges to create a for deciding whether or not something is personal use or copyright infringement.

    So now, we have to find where the line is:
    • Financial gain - This would invalidate the GPL and add fuel to the fire for SCO v. IBM. It seems that the core of their argument against the GPL is that it is "harmful" because it isn't made for financial gain. We can't have anything adding legitimacy to their farcical arguments
    • Active distribution - perhaps the argument is that making a file available is different from giving a file to a person in the same way that unplugging a person's life support is different from injecting poison into their veins. Now everything distributed on the web is no longer protected by copyright which also would invalidate the GPL as I know of no GPL program that has its initial method of distribution being anything other than making it available for download from the web.
    So, where is the line? What does a person have to do to infringe copyright these days?

    - Thomas;
    --
    ___ This sig is in boldface to emphasize its importance!
  35. Well, I'm proud! by ferratus · · Score: 4, Funny

    I'm truly proud to be Canadian today... Oh, except for that tax on media ..

    Oh, and Celine Dion. Yeah... sorry about that.

    --
    IP Therefore I am.
    1. Re:Well, I'm proud! by theancient2 · · Score: 2, Insightful

      This is exactly why the blank media levy works in our favour. We already pay something to the artists, and that's why the copyright laws give us the freedoms they do.

      Also, Canada imports most of its music from U.S. record companies anyway. Why spend effort protecting mostly foreign interests? Don't send your money to Brittney Spears -- buy locally!

  36. I'd love to see 'em even try to sue me by Toxygen · · Score: 2, Interesting

    First of all, I'm downloading my albums through bittorrent, so it's not like I'm hosting thousands of files on kazaa on a permanent basis so they can't bust me for being a major supplier which seems to be the people they're targeting. Second, if they took one look in my house they'd see an enourmous pile of store-bought cds, the majority of which have been bought in the past 5 years and after listening to my downloaded copy. If they check my computer, they would find that for every complete discography of a band I really like (and for many of these own the actual cds already and am working on the rest) they might find 1 lone album from a band I wanted to "try out". I'm your fucking customer and I'm using my downloads to make critical music purchases, so don't try and make me stop or else I will!

  37. Re:RIAA Dodgers by Short+Circuit · · Score: 2, Funny

    Hey! Letting my hair get greasy is a way to plan for the future.

    If, for some ungodly reason, I did decide to spike my hair, I wouldn't have to put grease in it to get it to stay in shape.

  38. That's nothing! by Bvardi · · Score: 4, Funny

    I hear they're going to make 35 percent of piracy be Canadian content as well! Several of my friends have recently had CRTC officials show up with MP3's of Anne Murray - mind you I think he went the easier route and just went to prison....

    (The above posting should not be read by the sarcasm challenged. If you are unsure if you are sarcasm challenged, please immediately report to your local comedy club for testing. Do not, repeat, do not take any sarcasm unless able to process it - otherwise grave side effects of confusion, loss of bowel function, and several people pointing and laughing in your general direction may be experienced. At no time operate any kind of humour while unable to process sarcasm. Lock all puns in a safe place and gently croon yourself to sleep in a darkened room. Trust me you'll feel better for it)

  39. Judge declares file sharing legal by wes33 · · Score: 4, Informative

    In the globe and mail story, they report that the judge declared that *both* copying and sharing are not copyright violation in Canada ... I've been assuming it was perfectly alright to download files in Canada (for personal use); now it appears to be equally ok to share them

    see here where it is stated: "As part of his ruling, the judge found that simply downloading a song or having a file available on peer-to-peer software such as Kazaa doesn't constitute copyright infringement."

    What's next in Canada? Free ponies?

  40. Re:Legality? by Anonymous Coward · · Score: 2, Interesting

    IANAL, but since imposing the levies on CD-R and other recordable media on behalf of the recording industry, downloading for personal use has been permissible under copyright law in Canada, as is sharing music with a friend (e.g., by loaning them a CD, from which they might make a copy of the music). Uploading/serving music for public consumption (without proper clearance from the owner) is not legal, and that is what the music industry case was apparently about. They weren't going after downloaders, because there is no legal basis for doing so in Canada.

    So, download away if in Canada. If you have ever bought a CD-R, CD-RW, DVD-R, or other types of recordable media, you have already paid for the priviledge. But your sources will potentially still be in trouble

    It is a weird situation that the music companies can only try to go after uploaders/servers here, but I think it is just payment for the obscene recording media levies that everybody has to pay. I'm bitter, because I buy all my music on ordinary CDs (I think it is the right thing to do, unless the artist provides some other means of compensation), and yet I pay that damn levy every time I buy a data backup CD-R with no music on it at all. So, enjoy the fruits of the levy deal, music industry! Maybe you should lobby the government to repeal the levy ;-)

    Ha Ha!

  41. Laws in Canada by rjelks · · Score: 2, Interesting

    This is probably obvious, but the reason that they can't sue the ISP's in the US for copyright infringement is that they are protected from the actions of their customers. This is why they are going after the networks (Napster, Kazaa, ...) and the users. Does Canada have similar laws protecting the service providers? If that's the case, as long as the Canooks are around, p2p will have a steady stream of uploaders. I can't wait to go home and download some more Gordon Lightfoot and Anne Murrey. Just kidding, it's nice to see a court system back the privacy of the individual over the media conglomerates interests.

  42. Re:Legality? by jest3r · · Score: 2, Informative
    From what I read I think "sharing" is moving towards or is legal as well now ...


    Canoe's coverage of the story has the judge quoted as saying:


    "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.


    Furthermore he said that downloading a song or making files available in shared directories, like those on Kazaa, does not constitute copyright infringement under the current Canadian law.


    http://www.canoe.ca/JamMusic/mar31_cria-cp.html

  43. obligatory Rick Mercer apology by WormholeFiend · · Score: 5, Funny

    On behalf of Canadians everywhere I'd like to offer an apology to the United States of America. We haven't been getting along very well recently and for that, I am truly sorry.

    I'm sorry we called George Bush a moron. He is a moron but, it wasn't nice of us to point it out. If it's any consolation, the fact that he's a moron shouldn't reflect poorly on the people of America. After all it's not like you actually elected him.

    I'm sorry about our softwood lumber. Just because we have more trees than you doesn't give us the right to sell you lumber that's cheaper and better than your own.

    I'm sorry we beat you in Olympic hockey. In our defense I guess our excuse would be that our team was much, much, much, much better than yours.

    I'm sorry we burnt down your white house during the war of 1812. I notice you've rebuilt it! It's Very Nice.

    I'm sorry about your beer. I know we had nothing to do with your beer but, we Feel your Pain.

    I'm sorry about our waffling on Iraq. I mean, when you're going up against a crazed dictator, you wanna' have your friends by your side. I realize it took more than two years before you guys pitched in against Hitler, but that was
    different. Everyone knew he had weapons.

    And finally on behalf of all Canadians, I'm sorry that we're constantly apologizing for things in a passive-aggressive way which is really a thinly
    veiled criticism. I sincerely hope that you're not upset over this. We've seen what you do to countries you get upset with.

    Thank you.

    1. Re:obligatory Rick Mercer apology by Hillman · · Score: 3, Funny

      Hey we're a bilingual country:
      De la part de tous les canadiens, j'aimerais offrir nos excuses aux Etats-Unis d'Amerique. Nous n'avons pas ete en tres bon terme recemment. Pour cela, je suis vraiment desole.

      Nous nous excusons d'avoir traite Georges Bush de moron. Il est un moron, mais on aurait pas du vous le faire remarquer. En guise de consolation, le fait qu'il est un moron n'influence pas notre opinion des americains. Apres tout, ce n'est pas comme si vous l'avez elu.

      Je m'excuse a propos du bois d'oeuvre. Juste parce que nous avons plus d'arbres, ca ne veut pas dire que nous avons le droit de vous vendre du bois meilleur et moins cher.

      Nous nous excusons de vous avoir battu au hockey aux olympiques. Je suppose que nous equipe etait vraiment vraiment vraiment meilleure.

      Nous nous excusons d'avoir brule la maison blanche, je vois que vous l'avez reconstruit, c'est tres joli.

      Je m'excuse pour votre biere. Je sais que ce n'est pas notre faute, mais je comprends votre douleur.

      Nous nous excusons de ne pas avoir participe a la guerre en Irak. Je comprends que quand vous voulez vous battre contre un dictateur fou, vous voulez avoir vos amis a vos cotes. Je suis aussi conscient qu'il s'est ecoule plus de deux ans avant d'avoir participe dans la guerre contre Hitler, mais c'etait different. Il avait vraiment des armes.

      De la part de tous les canadiens, nous nous excusons que nos excuses sont passives-aggressives et sont veritablement une critique a peine subtile. J'espere que vous n'etes pas faches. Nous avons vu ce que vous faites aux pays qui vous fachent.

      Merci.

  44. Re:OH Canada. by featuredone · · Score: 2, Insightful

    In spite of this, Canadian television has yet to produce a domestic hit television series, and virtually all our recording artists flee to the states Like with all other statments you should check the facts before fudding - Here are a couple examples for ya: Trailor Park Boys Corner Gas

  45. Accuracy by Mistlefoot · · Score: 2, Insightful

    http://www.pch.gc.ca/progs/ac-ca/pubs/can-con/can_ con.html

    If you follow the government link you will see the rules are stated differently. The original link contends that "music" must be Canadian. I'm not sure which is correct but I was under the idea (having worked in a volunteer position in sports broadcasting for a local small radio station) that "up to" 35% of the content played on the radio from 6am to midnight" had to be Canadian.

    Anyone who listens to daytime radio can verify that a good portion of it isn't music. I can say that one of the reasons that the radio station covered this live sporting event was so that they could air 3 hours of Canadiana per day. That allowed for 6 fulls hours of free playing. It was my understanding as well that locally produced advertising and the DJ's themselves were considered Canadian content. The link that you gave and the link that I gave are confusing on this.

    "In general, 35% of the sound recordings played on a radio station between 6 a.m. and midnight must qualify as "Canadian content" as defined by the MAPL system."

    Regardless.....we do have laws that force our radio stations to air Canadian content. This is not in doubt.

  46. Forget P2P, I just use StationRipper by ward99 · · Score: 2, Informative

    Well I, for one, just use a good ripper to get all my music. Looks like WinAmp on the network, isn't traceable, is legal (at least from a fair use perspective) and I get up to 2k new songs a day. Screw the RIAA.

  47. Yeah by superdan2k · · Score: 2, Interesting

    Well, I, for one, welcome our new downloading overlords.

    Seriously, maybe I should move to North Mex^H^H^H^H^H^H^H^H^HCanada. Less psychotic right-wing fundies. And Canadian chicks are hot, they have good beer, and they don't shoot everything that moves on two legs.

    --
    blog |
  48. Missing mod option by Snaller · · Score: 2, Interesting

    There should be an mod option called "Predictable"

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  49. Go Canada! by daina · · Score: 3, Funny

    My gay lover and I are getting married! In addition to alcohol, we're serving pot at the reception! The entertainment is downloaded music and movies! If anyone gets sick, we'll take 'em to emerg for free medical care! And we're only 19! Yay Canada!

  50. Re:obligatory **Colin Mochrie** apology by SirSlud · · Score: 4, Informative

    It was Colin Mochrie who did it.

    --
    "Old man yells at systemd"
  51. Re:OH Canada. by sin(theta) · · Score: 2, Insightful

    You obviously aren't aware of why CanCon exists in the first place.

    The CanCon rules were put in because Canadian content providers were *not* presenting Canadian content at all. Canadian radio stations would *not* play Canadian music. And this has nothing to do with quality. There was no such thing as fair competition; radio producers would throw out demos without listening to them. Canadian musicians had no chance.

    The only way that Canadian musicians could get popular in Canada is if they made it big in the States beforehand. Think of how many Canadian musicians you actually know of before the 1970s. Neil Young? Robby Robertson? Paul Anka? All of whom gained fame south of the border first.

    So bitch all you want. But our content situation Would be in an even *worse* situation without CanCon.

  52. ...hire a songwriter by Apostata · · Score: 2, Funny

    instead :)

    --

    This wasn't just plain terrible, this was fancy terrible. This was terrible with raisins in it. - Dorothy Parker
  53. Full decision now online! by freelance+cynic · · Score: 3, Informative

    (2004 FC 488) Decision rendered on March 31, 2004, IN THE MATTER OF BMG Canada Inc. et al v. Jane Doe et al

    read it here [in pdf]:
    http://www.fct-cf.gc.ca/bulletins/whatsnew/T-292-0 4.pdf

  54. Re:In that case... by bl8n8r · · Score: 2, Insightful


    >If law enforcement comes knocking and tells me
    >that one of my clients threatened to kill the
    >President or blow up the school then that's
    >quite another story (somebody's life might be
    >in danger).

    How can you say that, dude? The lives of Hilary Rosen and Jack Valenti are most certainly in danger if someone is pirating songs or movies. Hilary might not get that Caviar Flambe' Cheese Souffle for breakfast and starve to death, and Jack might get killed in an auto accident because he couldn't afford the air bag upgrade for his H2 and drove the Testarosa that day instead - and all because you couldn't find the time to "dig through" your damn log files. ...Sheesh.

    --
    boycott slashdot February 10th - 17th check out: altSlashdot.org
  55. Re:OH Canada. by Mordaximus · · Score: 3, Informative
    In spite of this, Canadian television has yet to produce a domestic hit television series, and virtually all our recording artists flee to the states. OK, I'll enlighten you:
    1. Stargate SG1
    2. Due South
    3. Degrassi Junior High
    4. Relic Hunter
    5. PSI Factor
    6. Reboot (Be proud!)
    7. SCTV
    8. Andromeda
    And of course, if you mean "made it past two seasons" as being a domestic hit, there is always:
    1. Earth : Final Conflict
    2. Lexx
    3. Nikita
    4. The Naked News

    You get the picture. OH wait, maybe a couple of musicicans too then, There are tons of them,but the short list off the top of my head:

    1. RUSH
    2. I mother earth
    3. Our lady peace
    4. The Barenaked Ladies
    5. Nickleback
    6. Crash Test Dummies
    7. Cowboy Junkies

    There's tons of great Canadian stuff out there. Spend a bit of time on Google before you spew out idiotic comments like that.

  56. Definitions critical to steering clear of trouble by FreeUser · · Score: 2, Interesting

    Fine, wrong word, whatever. I'm not exactly familiar with anyone forcing someone to take their mp3's over P2P, so sharing them would be about as close to uploading as you can get.

    It is important to get it right, especially if you live in Canada and plan on sharing music (legally). Upload that song to an FTP or web server somewhere and you've broken the law in Canada. Leave it sitting on your hard drive and open the door for others to download it (via bittorrent or what have you) and you are, apparently, not breaking the law in Canada.

    This is important to understand if you're planning on doing something like this. It may seem like a nit-pick, but in an environment where large, dying corporate powers are routinely smashing the little guy's life to smithereans in a belated effort to save their obsolete business models, legal definitions like these are critical. Get it wrong, and you'll find yourself wearing a big fat bullseye inviting those thugs to destroy your financial life.

    --
    The Future of Human Evolution: Autonomy
  57. Prove it! by fprefect · · Score: 2, Insightful

    The irony is that, in order for the RIAA or whoever to prove that a user downloaded copyrighted material, they'd have to post it themselves to the network -- which, being the copyright holder, would make it legal to download.

    --
    Matt Slot / Bitwise Operator / Ambrosia Software, Inc.
  58. Re:So Warez is legal in Canada? by PaperTie · · Score: 2, Informative

    I believe it is legal to download anything for personal use, but it is still illegal to actually distribute copies.

  59. "Music Industry"? No, It's a Cartel! by denis-The-menace · · Score: 4, Insightful

    look it up
    "a group of similar independent companies who join together to control prices and limit competition"
    Do they control prices?
    Do they limit competition?
    Of course they do! They it's a Cartel!

    --
    Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
  60. the text of the ruling by trance9 · · Score: 2, Informative
  61. Re:So Warez is legal in Canada? by kwandar · · Score: 2, Informative

    No!!

    The personal copying rules which make this legal only apply to music. See Section 80 of the Copyright Act.

  62. Slashdot, then and now by bonch · · Score: 3, Insightful

    Slashdot circa 2000:
    "They shouldn't be suing Napster or Kazaa, they should sue the individual copyright infringers! That is the legal and moral thing to do."

    Slashdot circa today:
    "Nobody should be suing anybody! I have no good reasons."

  63. Liberal Canada? by Trinition · · Score: 2, Funny

    It's right there in the title "Liberal Party of Canada

    Yeah, and don't forget that the USA PATRIOT ACT is PATRIOTIC too.

  64. Oh yeah! by tirenours · · Score: 2, Informative

    That's *so* good! Its just sad that Videotron are such a jerk company, which are probably still willing to collaborate with the CRIA.

    Videotron is the cable / ISP division of Quebecor, which sales music records through Archambault and also produce records for its "artistic" reality show, Star Academie. That's why they are so eager to give names to the cria.

  65. More weirdness by bitspotter · · Score: 2, Insightful

    What happens when Trusted Computing architectures meet these p2p services, and a "bug" is found that allows anonymous access to all shared content? What if the network operators refuse to expire the certs on the "buggy" software? Are they liable for the infringement of the users, who refuse to stop using the software because they use it for other things?

    The users can't stop the copies from being made because they're locked into the software, and shouldn't be expected to stop using the service (which they use for other reasons).

    The authors can't be expected to be liable for the (mis)use of software bey their userbase, so long as it has a "substantial non-infringing use".

    Vendor lock-in meets free speech.

    OK, I know I'm way out west, here...

  66. It's not about our rights, its about the copyright by iamghetto · · Score: 3, Insightful

    I was reading through some threads here about the canadians isp's not having to give up file-sharers names and I didn't see this point mentioned. The judge didn't keep the isp's usersname's secret because of the users or companies right per se. The judge turned their request down because he did not believe that the any copyrights had been broken as a result of the user participating in file sharing. HA!

    I'm not sure if the lawyers just made a really weak case or what the deal was, but the judge just didn't think that the users were violating any copyrights, ergo, there was no need to reveal their names.

    It's true. My Canadian news told me so.

  67. Re:Canadians already pay royalties to musicians! by anethema · · Score: 2, Informative

    $2.50 ?

    Its 77 cents (canadian) for a normal cd-r.

    Its also not a tax, its a levy (there is a difference).

    Also, the levy is NOT to compensate for pirates, it is to compensate for the legal copying of music in canada. As I and many others have mentioned many times, copying your friends cd's and downloading music from P2P services is 100% legal in canada.

    A nice FAQ on the levy and and legalities of copies and stuff is available here.

    --


    It's easier to fight for one's principles than to live up to them.
  68. Danhm, You're quoted in The Toronto Star by RedCard · · Score: 4, Informative

    Danhm, I don't know if you've seen this yet, but you're quoted in the Toronto Star.

    Thestar.com - Court rejects music lawsuit

    Enjoy your 15 minutes!

  69. read decision itself, not just commentary by senatorhung · · Score: 2, Informative

    case can be downloaded from this page:

    http://www.fct-cf.gc.ca/bulletins/whatsnew/whatsne w_e.shtml

    docket number: T-292-04

    on SLOPPINESS: at para [19] the judge wrote that having the president of the company as a witness was not good enough because he had not *personally* matched the uploaders with specific infringing files, so all his testimony was hearsay.

    on COPYRIGHT: at para [27] the judge follows the precedent set by the Supreme Court in that the availability of a tool that can be used to infringe copyright is not enough to trigger infringement, because the element of AUTHORIZATION was not evident. the judge also cites a WIPO treaty which is not yet in force in Canada, that if it is enacted, would make this activity illegal.

    SCC case cited can be found online at: http://www.canlii.org/ca/cas/scc/2004/2004scc13.ht ml

    on PRIVACY: due to the system of dynamically assigned IP addresses, the log info that can be used to identify individual account holders with infringing activity is time-sensitive. at para [42], the judge wrote that IN THIS CASE, the privacy privacy concerns outweigh the public interest concerns in favour of disclosure.

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