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Canadian High Court Says ISPs Don't Owe Royalties

canwaf writes "According to the CBC, and the other guys: In a 9-0 decision, Canada's highest court ruled, despite the fact that ISPs provide the means for piracy, they are not liable for what people download. They continue in their decision that Internet access providers are not bound by federal copyright legislation. Coupled with an earlier story on Slashdot, this is a very good thing." Edward Scissorhands was one of many readers to link to the Globe and Mail's article, too.

21 of 486 comments (clear)

  1. so they don't owe the queen? by iomanip · · Score: 5, Funny

    are royalties treated different in a monarchy?

  2. Why waste the time? by garcia · · Score: 5, Insightful

    I just don't see why this needed to be decided on. Telcos aren't responsible for people who discuss illegal activities. How would an ISP?

    ISPs are just carriers and they shouldn't have even had to waste the Court's time to show that.

    1. Re:Why waste the time? by xyvimur · · Score: 5, Insightful

      Well... recently we can observe many strange precedents, especially in the US.
      Most of us know that it's obvious, unfortunatelly there are groups which want to convince people that ISP are responsible.

    2. Re:Why waste the time? by lynx_user_abroad · · Score: 5, Interesting
      Telcos aren't responsible for people who discuss illegal activities. How would an ISP?

      Because (in the US at least) ISP are not defined by the law to be Common Carriers.

      A Common Carrier is required to carry whatever content is provided on a non-discriminatory basis. That means they don't get to drop something just because they don't like it (as ISP's routinely do with SPAM and such). But because they have to carry it (even if it may be illegal) they can't be held responsible for doing so.

      This ruling could be read as a move toward common carrier-like status for ISP's. That could be good for people who want to pass MP3's around, bad for people who want SPAMers to not be able to fill their inbox with crud.

      However, if the ruling had gone the other way, we might well have seen ISP's get a certified right to block SPAM, MP3's, and anything else they didn't like, including HTTP requests to competing search engines, and VoIP packets where the ISP isn't getting a cut of the call toll.

      It's an interesting ruling, but the roulette wheel is still spinning, and the ball is still bouncing.

      --

      The thing about things we don't know is we often don't know we don't know them.

  3. In other news by Anonymous Coward · · Score: 5, Funny

    The US supreme court found the atmosphere, specifically oxygena and nitrogen responsible for copyright violations since the atmosphere is the medium through which pirated music is heard.

    The atmosphere's lawyer, Moria, had no comment, but whooshed out of the courthouse with a whistling sound.

  4. Maybe I should move to Canada, eh? by b0r0din · · Score: 5, Funny

    Let's see: Pros
    1) Not hated by the world
    2) Speak mostly English
    3) Hockey
    4) Weaker music industry lobby.
    5) Lower Crime Rate
    6) No Bushes

    Cons:
    1) Cold
    2) Curling
    3) French-speaking People
    4) French-speaking People

    Not much of a decision here.

    1. Re:Maybe I should move to Canada, eh? by arth1 · · Score: 5, Insightful
      Let's see: Pros
      1) Not hated by the world
      2) Speak mostly English
      3) Hockey
      4) Weaker music industry lobby.
      5) Lower Crime Rate
      6) No Bushes

      You forgot
      0) Real Beer

      Regards,
      --
      *Art
    2. Re:Maybe I should move to Canada, eh? by canwaf · · Score: 5, Funny
      9) Celine Dion


      You have got to be kidding? I apologize on a weekly basis on behalf of Canada for allowing Celine Dion to wreak havoc on the world.
    3. Re:Maybe I should move to Canada, eh? by Grey+Ninja · · Score: 5, Funny

      Yeah. Up here in Canada, we have some really nice beaver. We have more beaver than we know what do with. They get into our homes, our places of business... And we have to chase them out.

      So when you're chasing beaver, nothing refreshes you better than a nice cold Molson Canadian.

    4. Re:Maybe I should move to Canada, eh? by Space+Coyote · · Score: 5, Insightful

      Dude, have you _been_ to Montreal in the summer? Learn to speak some French, it's worth it for the ladies :)

      --
      ___
      Cogito cogito, ergo cogito sum.
  5. Terrible! by orthogonal · · Score: 5, Funny

    In a 9-0 decision, Canada's highest court ruled, despite the fact that ISPs provide the means for piracy, they are not liable for what people download. ...this is a very good thing."

    Good? This is horrible!

    How am I to continue my suit against paper-makers and ink producers on behalf of book publishers?

    Oh, wait, I can still do that in the "Land of the Free", the United States.

    (It's the land of the free for corporations -- they can get away with anything. It's the land of the fee for taxpayers.)

  6. Dear RIAA by tod_miller · · Score: 5, Funny

    Please find enclosed all the tapes I made during the 90's of my favourite music, and a handy list of radio stations that I taped them off. You may now sue their asses, as they provided the means for me to infringe upon your copyrights.

    The music is watermarked with a primitive technology called a 'jingle' that will help you identify which station it was.

    Sincerely

    Tod

    --
    #hostfile 0.0.0.0 primidi.com 0.0.0.0 www.primidi.com 0.0.0.0 radio.weblogs.com
  7. Eh? by Guitar+Wizard · · Score: 5, Interesting

    I had always wondered what Canada is up to...they seemed to be a very neutral and uneventful country to me for a long time. I later found out that they make a lot of modem hardware for one, but more importantly, it looks like Canada is good at preserving certain rights. Like the one in this article -- internet privacy, essentially...not to mention bud is basically legal there! Go Canada!

    --
    Two freaks, no foes. It takes absolutely nothing to make some people angry.
  8. Double dipping attempt.. by grub · · Score: 5, Informative


    In .ca we already pay a "tax"on blank CDs which goes to the recording industry. They're trying to double dip for more loot.
    Screw 'em

    --
    Trolling is a art,
  9. Re:Good precedent by THE+ROCK · · Score: 5, Informative

    I hope it won't be overruled by others who might qualify the infrastructure they provide as a medium, like the CDR which are taxed in France and other countries.

    It is pretty hard to overrule the SUPREME COURT.

    As it usually does, the Canadian Supreme Court has made a sensible ruling here.

    Speaking of CDRs, as a Canadian I pay levies (which are forwarded to the record companies) on all blank media that I purchase, so as far as I'm concerned I'm ALREADY paying for my right to copy music, even if it comes from the internet. Its a relief that my ISP won't be forced to contribute to that racket as well.

    Don't forget that most of that money winds up going to Bryan Adams and Celine Dion anyway (I'll remind everyone here that the Canadian government has already apologized for Bryan Adams on several occasions, so please lets not start that discussion again!)

  10. Re:Good precedent by Anonymous Coward · · Score: 5, Informative


    Not "any kind". Only musical audio recordings (no spoken word is permitted), and only the person doing the copying is permitted to use the recording (so you can copy your friends shit, but he can't copy it and give it to you).

  11. Exactly. by Saeed+al-Sahaf · · Score: 5, Insightful
    Well... recently we can observe many strange precedents, especially in the US...

    Well, this may sound like a troll, but it's basically true: Here in the US, most laws and court cases involving business are not decided on logic and right and wrong, they are decided on which lobyists have greased the right palms and preformed the best fellatio.

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  12. But Taxing Recordable Media is OK? by philntc · · Score: 5, Insightful

    How then, does the logic follow, that maintaining a "levy" is a reasonable? Why do recording artists deserve a pay-back for my disk imaging activity?

    Does this happen anywhere other than Canada?

  13. Big Glass of STFU by groupthink · · Score: 5, Insightful

    I think its worth taking note this wasn't any kind of split decision on the court's part. No decension among the ranks, 9-0 is a strong decision.

  14. Re:This is a good thing by WinnipegDragon · · Score: 5, Insightful
    As a Canadian, I just want to tell you how these rulings all effect me and my family and friends: I buy lots of music, movies and software. Lots. More than lots.

    I download music and movies and (very occasionally) games without fear of reprisal, since the Supreme Court here actually interprets our law correctly, by reading both the letter and the spirit of the law.

    One supports the other. If a movie/song is terrible, I delete it. If it's good, I buy it, and often, other movies/songs by the same artists. If you track my spending habits, my downloading is directly linked to my spending. I'm the same way with books, I hit the library and if I read something I know I want to read again, I buy it.

    I know this is a rant, but I hope the rest of the world realizes that THIS IS HOW COPYRIGHTS SHOULD WORK!

  15. Intent by Anonymous Coward · · Score: 5, Interesting

    This is relevant: http://www.eff.org/IP/Apple_Complaint.php

    If we start accusing people of crimes for aiding the ability for another to perform a crime, we might as well throw everyone on the planet in jail. How many people does a terrorist interact with in his/her life? Is the father at fault for teaching the kid about money, whereupon the kid learns knowledge about how to abuse the system to become rich? How can possibly prove that the father had "intent" to teach the son how to do something illegal? You can't. That's why the person is the one who is blamed for their own action in breaking the law (as well as any obvious people who contributed directly to the act.)

    Further, what is blamed of a person is the action they take, not anything which leads up to the action (even the person's own thinking.) Recall the lesson to be learned by the movie/book Minority Report: though a person may show all the signs which establish intent to perform a crime, that does not mean they are guilty until they actually perform a crime. I may walk down the street and think about having sex with a woman I see walking next to me, but it's not rape until I actually go up and try to rape her.

    The problem here is that the Internet is designed for free speach, not for law or copywrite enforcement. ISPs are being targeted becuase they have a means to enforce laws. But enforcing law is not the responsiblity of an ISP. ISPs neither have the physical means to enforce copywrite nor the mandate to do so. Let the FBI create a Net Force division a la Tom Clancy, and do their own copywrite enforcement. Attacking ISPs (or universities, or any other group other then a law enforcement group) is not the answer.