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.""
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?
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Hooray for Canada.
Wait... Which country was the 'Land of the Free' again?
Putting the romance back into necromancer.
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!! :)
I think I know what country I'll go to college in now.
Dion or no Dion - I'm moving to Canada :D
- Mad, ingenous - they've both left you puzzled -
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.
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.
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
Too bad for the R I Eh Eh, Eh?
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.
It's not a "downloading" case, it's an "uploading" (distribution) case. Downloading is legal in Canada.
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."
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
So this is what happens when you have tech-literate judges! Where can we get some from?
flossie
Write now. Defend liberty
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.
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.
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.
Auto-reply to ACs: "Truly, you have a dizzying intellect."
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.
Specifically, he said:
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.
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.
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
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.
In case you're tired of living in a freedom-loving dictatorship, here's how to apply as a skilled worker immigrant to Canada: :)
(Wouldn't I be surprized if someone actually takes it...)
http://www.cic.gc.ca/english/skilled/how-1.html
It seemed relavant
The opinons expressed are those of the voices in the author's head and are not necessarily those of the author.
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.
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...
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.
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.
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.
How long can Canada do this before they get pressured to follow in their oppressive neighbors' lead?
... who's oppressive now?
I'm sorry
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.
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!
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.
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)
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?
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.
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!
It was Colin Mochrie who did it.
"Old man yells at systemd"
(2004 FC 488) Decision rendered on March 31, 2004, IN THE MATTER OF BMG Canada Inc. et al v. Jane Doe et al
0 4.pdf
read it here [in pdf]:
http://www.fct-cf.gc.ca/bulletins/whatsnew/T-292-
- Stargate SG1
- Due South
- Degrassi Junior High
- Relic Hunter
- PSI Factor
- Reboot (Be proud!)
- SCTV
- Andromeda
And of course, if you mean "made it past two seasons" as being a domestic hit, there is always: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:
There's tons of great Canadian stuff out there. Spend a bit of time on Google before you spew out idiotic comments like that.
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
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."
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.
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!