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Canadian ISP to Name Music Swappers

Daemon writes "The Globe and Mail reports that Videotron, a Canadian ISP, will not be fighting the request to turn over the names of music swappers to the Canadian Recording Industry Association (CRIA). According to a lawyer for Videotron, producing the identities of Internet users alleged of wrongdoing happens so regularly that they believe that it is justifiable to hand over the names of people who share large volumes of songs on-line. The five Internet service providers named in the case -- Shaw Communications, Rogers Cable Communications, Bell Canada, Telus Communications and Videotron -- can't divulge the information without a court order because privacy legislation requires them to keep customer information sealed."

329 comments

  1. Pot meet kettle by Intron · · Score: 5, Insightful

    Shaw Cable is the source of a lot of the spam that I see. I think people should just vote with their feet on this one.

    --
    Intron: the portion of DNA which expresses nothing useful.
    1. Re:Pot meet kettle by poopdeville · · Score: 0, Troll

      What's ISP? Is it good or is it whack?

      --
      After all, I am strangely colored.
    2. Re:Pot meet kettle by B3ryllium · · Score: 1

      They're actually rather decent at listening to complaints, though; I know of at least one despicable company they booted from their BigPipe service for spamming. That company went bankrupt, then the owner started a new company (one that I had the distinct displeasure of working at) that Shaw had blacklisted.

      Almost didn't get my resume in because of that. I should have taken it as a sign; it took a year of fighting with the Employment Standards Branch of the Ministry of Labour on my side to get paid.

      Anyway, that company's EOL as well. Yay! :)

    3. Re:Pot meet kettle by ditto999999999999999 · · Score: 3, Informative

      I use Shaw. My roommate and I are both students and we use our fair share of their bandwidth on bittorrent. Some months we use 120+ gigs, which I am sometimes ashamed to say is outrageous. Occasionally we get a phone call letting us know that we haven't just passed the line, but destroyed it. I say "Fuck, it must be spyware or something" and thats the end of it. They are a good company in my opinion, and not because they are naive and let me rip off songs. They know what is going on, and it seems they just want to preserve the value of their small business accounts (which are allotted 50 gigs) relative to my dirt cheap home internet bundle.

    4. Re:Pot meet kettle by Sefert · · Score: 2, Insightful

      Gotta agree with the others here. Shaw is not only very civilized when it comes to dealing with overages (and polite!) when they could do evil stuff like just tack on extra charges to your bill without talking to you about it, but having moved around a lot and dealt with lots of ISP's, I would be a happy man to be living in an area where Shaw was available again. I was one of their first 100 customers in Canada (as an ISP of course) and still see them as second to none. Most importantly - the other dude is right - they've fought tooth and nail to protect our rights, at their expense too. To have someone like Videotron willing to roll over and give up names just because it's happening regularly is appalling. (Pick any crime you don't like and ask yourself how comfortable you'd be if people did it all the time just because it's "happening regularly"). Freedoms are always giving up a piece at a time - Videotron needs to recognize that they are members of our community too. This officially puts them on my black list.

    5. Re:Pot meet kettle by Rac3r5 · · Score: 2, Informative

      I duuno bout u dude.. but I've been using Shaw for a while now and I am very happy no complains at all.

      I used to use Telus DSL but that was just horrible. At first I was getting a decent speed, about 600 Kb/s on a bandwidth test, after a while I kept on getting super slow speeds 200 Kb/s when I did a bandwidth test. I called their tech support like a number of times and they dispatched their ppl almost immideatedly and each one kept on giving me different answers.

      1 Person would tell me that its cause I am far away from their main station. Another tells me cause my wiring is bad (my house was 5 yrs old at the time). And then they used to go down a lot too. Then I asked to speak to customer service and the guy was telling me its cause of 9/11. In my head I'm like yeah right, altough the server I'm trying to access is about 15 miles away from me, all the electrons decided to slow down cause of 9/11. I asked to speak to a manager, the guy said no.

      So I switched to Shaw. Shaw has been excellet, almost negligeble downtime, super speeds, and they inform u if they do some servicing and their stuff is going to be down.

    6. Re:Pot meet kettle by Anonymous Coward · · Score: 0

      yes, I have to agree, Shaw is the source of almost 20-25 percent of all my spam also (1000 users)

    7. Re:Pot meet kettle by Anonymous Coward · · Score: 0

      Never seen anything from Shaw. They're a top notch provider and I've used their cable internet services in 4 different cities, including one that's way the hell out in the middle of nowhere, but still had excellent service. Any problems I've had have been resolved within an hour of reporting them. Their "digital phone" service is excellent, saving me tonnes of money with unlimited North American long distance.

      I can't say enough good things about this company, they are just good.

    8. Re:Pot meet kettle by kaibutsu · · Score: 1

      LMAO I wonder how long Videotron will last with a statement like that.. I bet they will lose a whole lot of clients who subscribed to there service. I always hated them and that won't change much. Watch them go bankrupt lol.

    9. Re:Pot meet kettle by kaibutsu · · Score: 1

      oh I forgot i wrote a article about this lol http://www.grabageek.net/modules/news/article.php? storyid=415

    10. Re:Pot meet kettle by rainman_bc · · Score: 1

      I recon most of that Shaw spam you get is accidental - probably from trojans / spyware / viruses...

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  2. Under canadian law they're shielded by Anonymous Coward · · Score: 5, Insightful

    Canada is the one place in the world that you're actually shielded from being sued because you use file sharing software. So this is a scare tactic.

    1. Re:Under canadian law they're shielded by digidave · · Score: 4, Informative

      Only downloaders are protected. Uploading is at best a grey area, but it's likely that someone could be successfully sued for uploading vast amounts of copyrighted material.

      --
      The global economy is a great thing until you feel it locally.
    2. Re:Under canadian law they're shielded by CrosbieFitch · · Score: 4, Interesting

      No-one uploads.

      File sharers simply advertise their willingness to participate with anyone in manufacturing a new copy of a file on the requestor's machine.

      This act has never been tested in court as a copyright infringement.

      But, hey, who can afford to take things that far?

    3. Re:Under canadian law they're shielded by srmalloy · · Score: 4, Informative
      No-one uploads.
      File sharers simply advertise their willingness to participate with anyone in manufacturing a new copy of a file on the requestor's machine.
      This act has never been tested in court as a copyright infringement.
      But, hey, who can afford to take things that far?

      As I understand it, Canadians pay a surcharge on recordable media (DVD-R, CD-R, etc., and tapes, both audio and video), with this surcharge purportedly to be paid out to copyright holders. If this is correct, would it not be the case that the people making the copy would be protected against suit only if the copy was being made to media for which the surcharge was paid? So if you transferred the music file from someone else's computer to a CD-RW in your machine, it would be protected, but not if you transferred the file to the hard drive on your machine?

      Of course, you could burn the file to CD-RW, being protected through having paid the surcharge, and then copy the file back to your hard drive, which would be protected under fair use. But you'd have to be able to produce a copy of the file on CD/DVD/tape if you were charged...

    4. Re:Under canadian law they're shielded by alexhs · · Score: 1
      You're taking the sens of uploading with the sense of voluntarily putting a file on another computer (like with the PUT FTP command)

      Technically, I would say that when one end is downloading, the other end is uploading.

      That is, when you're putting a file on a site, you are distributing it, even if passively, and that is illegal if you do not own the rights over / have an agreement with the owner of this file.

      However, downloading what is distributed is legal at least in some countries like Canada, France...

      --
      I have discovered a truly marvelous proof of killer sig, which this margin is too narrow to contain.
    5. Re:Under canadian law they're shielded by yamla · · Score: 1

      No, that is not the case. At the moment, just the fact that we have the surcharge protects us.

      --

      Oceania has always been at war with Eastasia.
    6. Re:Under canadian law they're shielded by alexhs · · Score: 3, Informative
      If this is correct, would it not be the case that the people making the copy would be protected against suit only if the copy was being made to media for which the surcharge was paid?

      As I see it, the tax is just a compensation for the fair use right.

      It's not that illogical, because it would be naive to think nobody would abuse, however IMHO the tax is too high here in France, but you then have the right to copy a media you've rent.

      That's why we have media marked "not for rent" (don't know if you've the same in the US ?)

      --
      I have discovered a truly marvelous proof of killer sig, which this margin is too narrow to contain.
    7. Re:Under canadian law they're shielded by Mordaximus · · Score: 1

      But they aren't after the people who download music... it's the people who upload. The levy doesn't grant rights to distribute copyrighted material.

    8. Re:Under canadian law they're shielded by CrosbieFitch · · Score: 1

      Uploading is to push a file to another receptive computer that is acting as a subsequent distributor/file-server.

      Downloading is to pull a file from such a server.

      'Making availble' is the industry term for advertising a list of filenames with the implicit offer to collaborate with any requestor to manufacture a copy of any file on the requestor's computer.

      So, simply having 20,000 MP3 files on your computer is not a copyright infringement - they could all be fair-use copies made from purchased CDs. They could even be virtual files that are created on demand from a CD jukebox.

      However, people are being sued for OFFERING to provide copies of files.

      The RIAA has never shown evidence in court that someone has participated in manufacturing a large number of copies of copyrighted files to a section of the public (without the copyrightholder's permission).

      Everyone settles out of court - well as far as we know... maybe there's the occasional lawyer that RIAA apologises to "Oh, sorry your honour, we didn't realise Billy Bob was your son. Sorry to trouble you. Have a nice day."

    9. Re:Under canadian law they're shielded by 0racle · · Score: 1

      Your splitting a hair that doesn't exist.

      Definitions of upload on the Web:

      Transferring a file or files from the user's computer to a remote computer.
      www.education-world.com/help/glossary.shtml

      Sending a file from your computer to another device.
      www.shortcourses.com/choosing/glossary/19.htm

      To send a file to a network. See also download and crossload.
      www.netdictionary.com/u.html

      The process of sending a file from a user workstation to the server.
      board-web.lausd.k12.ca.us/help/glossary.htm

      To send a copy of a file from one computer to another using a modem.
      www.wda.org/Public/help/glossary.htm

      To transmit information to another computer over a network. The opposite of download.
      www.namesecure.com/en_US/index.jhtml

      Transferring data (usually a file) from a the computer you are using to another computer. The opposite of download.
      www.jahadesign.com/glossary.htm

      Transferring information from a computer to a web site.
      teachersnetwork.org/book/glossary.htm

      To copy a file from your computer to a remote server, the reverse process of download.
      www.idataexpress.com/support/glossary.htm

      sending a file from one computer to another
      its.guilford.k12.nc.us/resource/techinstruct/telvo cab.htm

      Uploaders and people signaling their willingness to upload a file are not protected by Canadain law.

      --
      "I use a Mac because I'm just better than you are."
    10. Re:Under canadian law they're shielded by h4rm0ny · · Score: 1


      If this is correct, would it not be the case that the people making the copy would be protected against suit only if the copy was being made to media for which the surcharge was paid?
      I am not a Canadian lawyer, but it seems reasonable. However, since the Internet made national borders obsolete, you have to bare in mind that you're transferring music abroad (assuming you accept the definition of "uploading" which I don't). It might be worth checking if Canada has any international agreements that would be broken by uploading, something akin to smuggling.

      Note, this point is valid within its own context, though I disagree with the underlying assumptions that you are "uploading" by doing this.

      --

      Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
    11. Re:Under canadian law they're shielded by Secret+Agent+99 · · Score: 5, Informative
      From a Copyright Board ruling:

      "The exemption in section 80 applies only when a copy is made for the private use of the person making it. This expressly excludes selling, renting out, exposing for trade or rental, distributing, communicating to the public by telecommunication, or performing in public the copy made. This means that making a copy of a CD of the latest release by the hottest star to give to one's friend is still an infringing action, as it is not a copy for personal use. In the same vein, distributing this same copy to friends online is prohibited." (page 23)


      The same ruling mentions that permitted private copies don't actually need to be made onto levied media. (DVD-R, BTW, is not a levied medium.)

      "Section 80" is section 80 of the Copyright Act, which says:


      80. (1) Subject to subsection (2), the act of reproducing all or any substantial part of

      (a) a musical work embodied in a sound recording,

      (b) a performer's performance of a musical work embodied in a sound recording, or

      (c) a sound recording in which a musical work, or a performer's performance of a musical work, is embodied

      onto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer's performance or the sound recording.

      Limitation

      (2) Subsection (1) does not apply if the act described in that subsection is done for the purpose of doing any of the following in relation to any of the things referred to in paragraphs (1)(a) to (c):

      [...]

      (b) distributing, whether or not for the purpose of trade;

      [...]


      (Link to Copyright Act, Section 80)

      Another tidbit that may or may not be relevant: Private Copying under Canada's Copyright Act specifically applies to sound recordings. Nothing is said about video. (We just assume that time-shifting and the like is OK, so we do it.)

      Also, there's no such thing as "Fair Use" in Canada. We have "Fair Dealing", which is similar, only different. Most of what's spelled out regarding fair dealing pertains to educational institutions, libraries, and researchers, not individuals. Though "private study" may be mentioned.

      IANAL.
    12. Re:Under canadian law they're shielded by CrosbieFitch · · Score: 2, Insightful

      Thanks for the definitions.

      Notice how none of them define uploading as merely the act of advertising a file's existence on the server?

      Nevertheless, people aren't being sued for uploading, but for offering to upload, i.e. 'making available'.

      Canadian law doesn't protect anyone from being sued for doing anything, so that's a red herring.

      The tragedy here isn't copyright infringement, it's that corporations can use threat of litigation to commit extortion on private individuals with which they have no contract or prior arrangement.

      If you read the history books you'll find that copyright was intended to permit one publishing business to prosecute another. It was not intended to permit a large corporation to bankrupt a non-commercial individual.

    13. Re:Under canadian law they're shielded by alexhs · · Score: 1
      Now I get your point.

      But 'making available' is distributing.

      A store having illegal copies of a copyrighted work on the shelf can be sued even if it didn't effectively sold a single copy.

      Therefore, 'simply having 20,000 MP3 files on your computer' is legal, but having them on a shared mount on a public network isn't.

      --
      I have discovered a truly marvelous proof of killer sig, which this margin is too narrow to contain.
    14. Re:Under canadian law they're shielded by schon · · Score: 1

      it's the people who upload. The levy doesn't grant rights to distribute copyrighted material.

      It has yet to be proven that you 'upload' by simply making the material available.

      The law addresses what people do - make copies. You are allowed to make copies for your own use, you are not allowed to make copies for someone else.

      It has been argued that the downloader is the one making the copy, as they are the one that uses the client to navigate the client, select the songs they want, and initiate the download. If this is the case, then there is no law being broken at all. The uploader is not "distributing" anything, they're making the material available.

      Also note that the newest proposed copyright bill directly addresses this, legally defining and reserving the right to "make available" to the copyright holder. It's glossed over a lot (most people are concerned with the "DMCA"-like provisions) but it's being addressed.

    15. Re:Under canadian law they're shielded by CrosbieFitch · · Score: 1
      Therefore, 'simply having 20,000 MP3 files on your computer' is legal, but having them on a shared mount on a public network isn't.
      The courts have yet to decide on this. At the moment the poor punter is happy to be persuaded and settle up. If the courts decide that 'making available' does not constitute infringing distribution, then CRIA supposedly should collect more evidence of actual files being uploaded (to users other than just the CRIA's agents).
    16. Re:Under canadian law they're shielded by Anonymous Coward · · Score: 0

      If this is correct, would it not be the case that the people making the copy would be protected against suit only if the copy was being made to media for which the surcharge was paid? So if you transferred the music file from someone else's computer to a CD-RW in your machine, it would be protected, but not if you transferred the file to the hard drive on your machine?

      Sigh, one more time... In Canada, it is legal to copy audio recordings because so says the law, not because of the levy (aka surcharge). Said another way, the levy or lack thereof doesn't make anything legal or illegal, the law makes it so. The levy was implemented after the law was passed, as a (socialist) form of compensation.

    17. Re:Under canadian law they're shielded by grumpygrodyguy · · Score: 1

      Canada is the one place in the world that you're actually shielded from being sued because you use file sharing software. So this is a scare tactic.

      Yes, but I thought Canada was also a place where you didn't have to worry about being subjected to corporate scare tactics(something we're bombarded with daily in the US). I think it's sad day to be Canadian.

      --
      The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky
    18. Re:Under canadian law they're shielded by stoanhart · · Score: 1

      Whatever the levy is, it isn't much. I am in canada, and I remember when they introduced it, I though crap, now the media prices will jump. That never happened. I can still get 50 CD-r's for $17 CDN if I catch the right sale.

    19. Re:Under canadian law they're shielded by timmyf2371 · · Score: 2, Interesting
      Why should it be any different than in the offline world?

      If you are caught selling or "making available" copyrighted works (bootlegs) then you are liable to be arrested by the police. There is absolutely no requirement for the police to actual see an act of sale take place.

      --

      Backup not found: (A)bort (R)etry (P)anic
    20. Re:Under canadian law they're shielded by Anonymous Coward · · Score: 0
      The copyright law in the UK was amended a couple of years ago to cover this very case, precisely because "uploading" wasn't covered by the existing legislation.

      This supports your argument that it may well be legal in jurisdictions that haven't updated their laws.

    21. Re:Under canadian law they're shielded by Ankle · · Score: 2, Informative

      "As I understand it, Canadians pay a surcharge on recordable media (DVD-R, CD-R, etc., and tapes, both audio and video), with this surcharge purportedly to be paid out to copyright holders. If this is correct, would it not be the case that the people making the copy would be protected against suit only if the copy was being made to media for which the surcharge was paid? So if you transferred the music file from someone else's computer to a CD-RW in your machine, it would be protected, but not if you transferred the file to the hard drive on your machine?"

      They also charge that on hard drives. If you ever buy a DAP with a hard drive in Canada or bring one in to the country through customs (Like I did with my Rio Karma.) they will charge you a certain amount based on storage capacity. Therefore transfering to the hard drive in your computer should be protected the same as making a copy of a CD to blank media. If it isn't, then why do we have to pay the same charge when we buy them [hard drives]?

    22. Re:Under canadian law they're shielded by pilgrim23 · · Score: 1

      Legal, Protected, Right, Wrong.... These words mean nothing. The issue here is lawyers and money. Being on the "right" side of an issue only depends on how may weasels in suits you can hire..

      --
      - Minutus cantorum, minutus balorum, minutus carborata descendum pantorum.
    23. Re:Under canadian law they're shielded by iamnotanumber6 · · Score: 1
      No-one uploads. File sharers simply advertise their willingness to participate with anyone in manufacturing a new copy of a file on the requestor's machine. This act has never been tested in court as a copyright infringement.

      This is exactly what was tested in court, about a year ago. The judge ruled that it was legal. Shaw, Bell, etc., paid for lawyers (but not Videotron). The case was appealed, and was just heard by the appeals court. That's what this story is about.

  3. Where now? by M0riarty · · Score: 3, Funny

    Uh-oh, looks like we're not safe in Canada anymore

    1. Re:Where now? by rikkards · · Score: 1

      No it means you aren't safe in Quebec or border with Ontario. Videotron is the Quebec cable provider

    2. Re:Where now? by Anonymous Coward · · Score: 0

      Norway. On your way there, make sure you stop in Iceland for some hot chocolate.

    3. Re:Where now? by kaladorn · · Score: 1

      The sarcast in me wants to ask "So, what has changed?"...

      --
      -- Mal: "Well they tell you: never hit a man with a closed fist. But it is, on occasion, hilarious."
  4. Note to self... by Stick_Fig · · Score: 4, Insightful

    Don't subscribe to Videotron, because they don't give a shit about my rights.

    --
    ShortFormBlog: Writing a little. Saying a lot.
    1. Re:Note to self... by Grey+Ninja · · Score: 4, Informative

      Indeed. But what I can't figure out is how they are getting away with this at all. I thought that PIPEDA protected us from this sort of nonsense. A business can't divulge personal information about employees or customers without REALLY GOOD reason, or they risk rather steep fines.

    2. Re:Note to self... by KnightDaemon · · Score: 2, Informative

      Also note that they have Bandwidth Limits in their their Internet Access Plans!

      "Monthly use of 20 GB download and 10 GB upload**
      **$7.95 per additional gigabyte, up to a maximum of $30 per month."

      --
      Daemon
    3. Re:Note to self... by Anonymous Coward · · Score: 0

      Pfft. It's pretty obvious that Personal Privacy ends where Corporate Greed begins.

    4. Re:Note to self... by Nosferax · · Score: 0

      If you take the Extreme service you are unlimited.

      --
      Remember... A boomerang IS NOT the best way to deliver a bomb.
    5. Re:Note to self... by digidave · · Score: 1

      I don't believe Videotron is handing out information yet, but they support the CRIA and are hoping this becomes one of the "REALLY GOOD" reasons.

      --
      The global economy is a great thing until you feel it locally.
    6. Re:Note to self... by Sepper · · Score: 4, Insightful

      I doesn't suprise me at all. Videotron is owned by Quebecor Media Inc. which also own (Suprise!) Archambault stores that sells CD and books... AND 'Le SuperClub Vidéotron' (DVD and VHS movie rental stores)

      Summary: Nothing to see here, move along...

      --
      I live in Soviet Canuckistan you insensitive clod!
    7. Re:Note to self... by totoanihilation · · Score: 2, Interesting

      Don't subscribe to Videotron, because they don't give a shit about my rights.

      No kidding! That's why I switched to DSL. One of their silly "can't do that" rules: You can't use a router at home. Woops. That means I can't use Airport? Screw them, I said ;)

      I know, you can still plug in a router and they wouldn't notice, but it's a pain when you have to call support and they tell you to do this and that on your computer, etc when you're just calling to say their service is down. Actually, at one point in time, I had a desktop and laptop, and would swap the ethernet cable from one to another, no router. Got a call. "Hey you can't do that!" Apparently you're only licensed to plug the modem to ONE computer.

    8. Re:Note to self... by Anonymous Coward · · Score: 0

      they support the CRIA and are hoping this becomes one of the "REALLY GOOD" reasons

      The thing is that they need to do more than hope, because the actual list of "really good" reasons is spelled out in the legislation.

      "Because the CRIA wants it" ain't there.

      They pretty much have two options: 1) Court order. 2) permission from the customer *in advance* (note that permission must be granted in writing, and cannot be a condition of service.)

    9. Re:Note to self... by Anonymous Coward · · Score: 0

      Cruel irony, Videotron users complaining about their rights being violated because they were doing what???

    10. Re:Note to self... by neoform · · Score: 1

      i stopped using videotron a long time ago when i realized they don't care at all about their customers..

      putting rediculous caps on bandwidth and giving the boot those those who used too much.. even though they advertised it as high speed internet.

      bell has no cap and charges the same price, i don't understand why people still use videotron..

      --
      MABASPLOOM!
    11. Re:Note to self... by addie · · Score: 3, Informative

      There are countless reasons not to subscribe to Videotron. Though slightly off topic, here are my experiences:

      1) On and off internet service for 6 months. The service rep came to my apartment three times, found no issues, and said that it was probably just a temporary issue. He also said that it could be related to the strike of service people that had been going on.
      2) Charged for cable television. The first day I got my bill for cable internet, I got a separate bill for cable TV. After 9 months of writing letters, the bill continued to arrive and reached almost $1k, though my net bill was paid on time each month. They only stopped bothering me once I explained the situation to the collection agency they hired.
      3) Inefficient administration. When I requested a copy of the contract they claimed I signed regarding cable TV, they said that they didn't have one, and it was my responsibility to keep my copy.
      4) Horrific customer service. When trying to solve that problem with the TV bills, I spent a total of 8 hours on the telephone over two days and not once got a satisfactory response or was treated like a human being. I was transferred from department to department, and often told that it was impossible for me to be receiving a bill for a service I didn't request.

      I realize that the same complaints could be made about many different service providers, but I have never had the problems that I did with Videotron. I am now a Bell Sympatico subscriber, and entirely satisfied. This is just yet another example of Videotron taking the easy way out, and not standing up for their customers.

    12. Re:Note to self... by rwise2112 · · Score: 1

      PIPEDA does have exceptions. For instance the rules are different for collection purposes, so perhaps there are holes or a grey area for this as well.

      I agree though, PIPEDA should prevent them from releasing this information.

      --

      "For every expert, there is an equal and opposite expert"
    13. Re:Note to self... by substance2003 · · Score: 1

      Doesn't Roger's or Shaw have video stores as well? I don't live in the areas where they provide service but if selling movies is a reason then others ISPs might follow they
      And who again owns CTV and Global TV? Aren't those ISPs going to be happy to cooperate in stopping the file sharing of TV shows?

    14. Re:Note to self... by Anonymous Coward · · Score: 0

      Quebecor is a bigger company than that, they are a media giant. Ever heard of that paper called "The Sun" ? That's one of their hundreds of newspapers.

      Why would they hand out info? Because they are a media company who is friends with other media companies.

    15. Re:Note to self... by substance2003 · · Score: 2, Informative
      Lot's of reasons to not use Bell's Sympatico.

      Slow connection, nowhere near the speed of Videotron for one. They haven't been able to offer me a stable connexion in my area which is pretty urban. They can't provide to many resident's either who are stuck in a monopoly with videotron as a result.

      I stopped using sympatico the day that they decided to cap the download limit to 5 gigs (which at the time was less then Videotron) and increased the price. I know they came back on that policy but not before losing a huge amount of customers and I'm still not ready to forgive them for it.

      Lately, Bell has had numerous reports of billing errors across they're entire business and that's just scaring people from signing on and driving customers away as well.

      Don't know if they still do it, but I for one have no interest in paying a 10$ a month fee for renting they're DSL modems. Can't understand why they didn't have an option to buy the modem or use one that I might have owned myself.

      That's all I can think of right now but I'm sure other reasons exist.

    16. Re:Note to self... by Feyr · · Score: 1

      don't subscribe to videotron, because they give a crappy service to start with, and are overpriced compared to the competition (where there is any). the fact that they also don't give a shit about rights is just another nail in the coffin

    17. Re:Note to self... by Secret+Agent+99 · · Score: 1

      And Sympatico is a sister company to ExpressVu, so if a Sympatico customer downloads TV shows instead of installing a dish, they're directly chipping away at Bell's bottom line. And Bell Globemedia has content interests more generally, though granted they're not as extensive as Videotron's.

      And yet Sympatico is apparently not on the same side of the fence as Videotron in this whole affair...not yet, anyway.

    18. Re:Note to self... by Anonymous Coward · · Score: 0

      One of their silly "can't do that" rules: You can't use a router at home. Woops. That means I can't use Airport? Screw them, I said ;)

      I think they forgot to tell those two neighbours of mine who a) use Videotron and b) maintain wide-open wireless networks that any slob can leech from.

      Uhh...or so I've heard.

    19. Re:Note to self... by Anonymous Coward · · Score: 0

      Yea, I know several people who have Videotron ultra and provide internet for many people. One of my friends has 2 buildings wired off one connection. Who is Videotron kidding.. no router, lol.

    20. Re:Note to self... by DaCool42 · · Score: 1

      I used to have Telus DSL. One day I called to tell them the service was down. When I finally got through to a real person, they went through their typical process of telling me how to renew an IP in Windows. I sat their going "uh-huh, uh-huh" and looking at my bash prompt while they took 15 minutes to tell me how to get to the Windows control panel. Eventually managed to interrupt and tell the guy that I knew how to renew an IP, I already tried that, I'm not using Windows, their gateway wasn't responding, and I'm not using Windows. At which point they responded with "oh, we only support Windows". GAH!

      --

      ----
      All of whose base are belong to the what-now?
    21. Re:Note to self... by Nos. · · Score: 2, Informative

      Well, here's the thing. Suppose Videotron does release the information of the customer's that CRIA is looking for. CIRA will proceed to sue or press charges against the individuals involved. Any decent lawyer will have the information thrown out since it was obtained in violation of PIPEDA. (There is is nothing in PIPEDA about releasing information because you think someone is doing something illegal - that's what warrants are for). CRIA would be much better off getting the warrant in the first place. ISPs are under no obligation to provide the identities behind the IPs, in fact, they are under obligation NOT to.

    22. Re:Note to self... by ahsile · · Score: 1

      Rogers Owns:
      Rogers Video
      Several TV and Radio Stations
      more entertainment stuff...

      So... you would think they would be on the same side that Videotron is on (sad thing is, Rogers wanted to buy Videotron, but Quebecor took them to court over it) but... the issue here is, Rogers actually wants to keep their customers.

    23. Re:Note to self... by Cecil · · Score: 1

      the issue here is, Rogers actually wants to keep their customers.

      You wouldn't know it from their cellphone customer service, but I agree that's what it seems like.

      *shock*

    24. Re:Note to self... by rwise2112 · · Score: 1

      Absolutely! I agree 100%. The only way this information should be released is by court order, and sufficient evidence that the account holder is guilty should have to be provided first.

      --

      "For every expert, there is an equal and opposite expert"
    25. Re:Note to self... by Anonymous Coward · · Score: 0

      Insightful? What the hell are you smoking?

      What the parent stated is obvious, as well as being uninteresting. This is not the same as insightful.

      Why does slashdot always give mod points to imbeciles?

    26. Re:Note to self... by substance2003 · · Score: 1
      Quebecor didn't take them to court, they just bid more than Roger's did for Videotron (and way too much considering the value it had IMO).

      I don't see anything in the article stating that Roger's doesn't want to stop file swappers.
      I also don't believe they think they would loose customers as a result of this. It's more a fear of legal actions against them for divulging information that's keeping them from doing the same.

      If Videotron succeeds, I'll bet the other ISPs will follow soon.

    27. Re:Note to self... by Anonymous Coward · · Score: 0

      I don't have my password handy so I'll have to go anonymous.

      I had similar issues, except with Sympatico. On TWO separate occasions. Back about 5 years ago I ordered the service and never got it, but for four months they sent my a 142 dollar bill for setup. Not the same 142 bucks, but a brand new bill each time. They kept taking it off my credit card despite my never receiving the service. It took a threat of taking legal action to reverse the charges.

      So last year I was shopping around for a new provider and thought that maybe they've cleaned up their act, so gave it another shot.

      We scheduled 4 appointments total. The first two nobody showed up, the third we were told the ADSL kit was being shipped to the installers (why they couldn't just do the wiring at the box and give me the modem or let me use my own I don't know), and the fourth time the installers themselves called to say Bell had never actually sent anything to them and they weren't coming. I spent a total of 26 hours sitting around the house on workdays waiting for them, 7.5 hours on the phone dealing with customer service, and had to fight a bill for $250 for "premature cancellation of service" for a contract that I never signed because no one actually ever showed up.

      If anyone knows where I can send a bill to Bell for my time reply here.

    28. Re:Note to self... by swatthatfly · · Score: 1

      Same story here with Bell Sympatico. After signing a request for dsl in their store, providing an account for automatic payment witdrawal, and being assured that an installer will get in touch with me within a few days, nothing happened. I waited for about 3 weeks, then signed on with another company. After more than two years, I wanted to sign on with them again, after my provider went out of business. They refused my request because I already had an account with them! Whaaaat? Not only they didn't sent an installer and a kit, but they charged me for almost two years, and I had no idea, because well, I don't check my bank statement as I should! Mea culpa. But that's not the end. They checked and eventualy refunded me the money, sent a kit through mail (wrong modem but that's a detail). Two month later they sent me a bill for two accounts, one overdue. I had to convince them again that the first account was never opened in the first place. The same thing kept happenning for two more time every 3 months. Then they sent me a bill for the modem I never sent back to them when I closed the first account. Which I never opened!!! I had to go through the same thing again and they finally got it. Absolute mess and I wonder how come they managed to get it right.

      --
      keyboard not found! press any key to continue...
    29. Re:Note to self... by Anonymous Coward · · Score: 0

      Wow. I use more than that with an 'apt-get update' and an 'apt-get dist-upgrade'.

      Glad I'm not a Quebecer.

    30. Re:Note to self... by Sj0 · · Score: 1

      I don't know about you, but I have Cable TV *AND* Cable Internet. When I lived in Southern Ontario, I had Bell ExpressVu and internet from another provider.

      TV and Internet are ***NOT*** en either/or proposition. Most people who have the latter have both.

      --
      It's been a long time.
    31. Re:Note to self... by Sj0 · · Score: 1

      Remember that most people who say they know something don't. Supporting Windows only makes sense in this case, because realistically, would YOU want to have to spend the money to train your helpdesk monkeys how to get every 14 year old who gets RedHat 5.1 with a book onto the internet?

      Sometimes you're lucky and you get a person like me on the other end of the line who wants to help no matter what (I'm not in the computer industry anymore), but for the most part, you're going to get a guy who was trained to get people through lowest common denominator problems.

      --
      It's been a long time.
    32. Re:Note to self... by Secret+Agent+99 · · Score: 1

      Yes, I know they're not either/or. My point is simply that if we can get whatver we want from the net then cable, satellite, or specialty-channel subscriptions will suffer in the aggregate. In my case, unlimited DSL net access definitely does make cable TV a low priority. (Not that I would necessarily get ExpressVu if I decided I needed 500 channels of crap after all.)

      And that is simply not in the TV providers' interest, including Bell's.

    33. Re:Note to self... by Anonymous Coward · · Score: 0

      I am a subscriber of videotron, both TV and internet, and never had a problem... their internet cable is really fast (5.1Mb) for the price (29.95$/month) and in more than 2 years now, has been 99.9% uptime...
      as soon as I can have phone accesss with them (I'm on the north shore), I will drop Bell for sure!

    34. Re:Note to self... by Anonymous Coward · · Score: 0

      Videotron... reminds me of the movie Tron that I purchased on Beta way back when

    35. Re:Note to self... by Anonymous Coward · · Score: 0

      Worse: They host a wack of spammers (and don't seem to care).

    36. Re:Note to self... by pipingguy · · Score: 1


      Different story here for cable TV from Videotron.

      I've found their phone customer service to be quite good and without long wait times. G4TechTV's (I subscribe only because of Call for Help, yay Leo) reception with digital TV is horrible, though, and I can't figure out why that is the only station that has a sporadically crappy signal.

      Videotron also offers a la carte digital programming for a flat rate. You can change channel choices via the web or telephone and the changes happen immediately.

    37. Re:Note to self... by Jardine · · Score: 1

      the issue here is, Rogers actually wants to keep their customers.

      Considering they recently introduced a monthly bandwidth cap, I find that difficult to believe.

    38. Re:Note to self... by iamnotanumber6 · · Score: 1

      They're not going to give it out unless there's a court order. They're just saying they would be "delighted" to receive and comply with the order, as opposed to the other ISPs who are fighting it in court.

  5. Wait a minute... by Hiddekel · · Score: 4, Interesting

    Isn't music swapping legal in Canada since the courts struck down the law making it illegal? What's going on here?

    1. Re:Wait a minute... by Amnenth · · Score: 1

      DOWNLOADING is supposedly legal. Providing the files is not.

    2. Re:Wait a minute... by Ubergrendle · · Score: 5, Informative

      It wasn't necessarily proven as legal. First, possessing a personal copy I believe is what was considered acceptable -- but not widespread distribution. Second, CRIA (our RIAA equivalent) hasn't given up the fight...they're collecting evidence and will take another run at this in court. These subpoeanas are merely an element of their next strategy... in the end they only need one ISP (looks like Videotron) to roll over, then they can proceed with their casework. I'm sure they're hoping to set new precedents. Damn this english common law tradition :/

      However, we're protected quite a bit through the levy on media that exists here, considered financial compensation for our 'fair use' rights.

      --
      John Maynard Keynes: "When the facts change, I change my mind. What do you do?"
    3. Re:Wait a minute... by Anonymous Coward · · Score: 0

      Here in Canada, we pay a tax or levy on all blank media. This is suppose to be passed over to the record companies. Also, we can copy music, videos, so on, for the purpose of time shifting. Also law says that when you rent a video, game, movie from rogers, blockbuster, so on; you are renting it for ever, even though the media is to be returned to the store....

    4. Re:Wait a minute... by iamnotanumber6 · · Score: 1

      This is mostly inaccurate. The federal court ruled that making music available on kazaa was legal, and therefore refused to grant the court order compelling the ISPs to hand over the data. That same ruling is now under appeal.

      The CRIA can't issue subpoenas, it doesn't work that way in Canada. It has to be by court order. It is *illegal* for Videotron to give up the info without such a court order, even if they want to (which they say they do). If the appeal overturns the ruling, the order will be granted against all the ISPs, not just one. If it's upheld, the data won't be given out by any of them.

    5. Re:Wait a minute... by Farmer+Tim · · Score: 1

      "Damn this english common law tradition :/"

      Yeah, that "trial by a jury of your peers" thing is a real bugger...

      Seriously though, the ISP offering this information voluntarily (that is, not the subject of a subpoena or discovery order) sets no precedent, since it is an agreement not on the public record. Precedents are only set by judicial orders or decisions.

      --
      Blank until /. makes another boneheaded UI decision.
  6. Who's responsibility is it? by Dancin_Santa · · Score: 0

    Should the rat be held in lower esteem than the perpetrator of the crime?

    In a society that values laws, isn't the demonizing of whistleblowers something that should be frowned upon?

    1. Re:Who's responsibility is it? by Ismilar · · Score: 2, Insightful

      Not if it's actually illegal for them to give up customer information (due to privacy laws).

    2. Re:Who's responsibility is it? by ShieldW0lf · · Score: 1

      In a society that values laws, isn't the demonizing of whistleblowers something that should be frowned upon?

      Yes, that's true. What can you deduce about the common mans opinion of these laws from this "demonizing of the whistleblowers"?

      --
      -1 Uncomfortable Truth
    3. Re:Who's responsibility is it? by Anonymous Coward · · Score: 0

      The problem is, they're not blowing the whistle in the right way. To do it properly, someone (either Videotron or CRIA) must contact the authorities who will determine if there were any wrong-doings. The authorities must then build a case, present it to a judge who will in turn, determine if further investigations are warranted. Only then can the ISP release the information to the authorities only.

      Whistleblowing is fine, but it must be done within the rules. Otherwise, everybody would be releasing everybody else's private info on the slightest pretense.

  7. So... by Brain_Recall · · Score: 5, Insightful

    I guess that "pirate tax" on all recordable media is redundant and can be removed now? It was there to "protect the artists," but now the lawyers on the hunt trying to "protect the artists."

    1. Re:So... by rainman_bc · · Score: 1

      You know, I believe the same; if you're taxed on the media to save the artists, you should have the right to copy music.

      But after some thought, I wondered... If they taxed spray paint, and gave money to the cities to clean up graffiti, would that justify graffiti?

      Conversely if they taxed guns to compensate murder victims, would that justify murder?

      It's taking this down a slippery slope and really it's silly to compare file swapping to murder, but the analogy is there and legitimate IMO.

      I agree with our courts right now, but I think using the tax to justify file swapping IMO is false.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    2. Re:So... by shark72 · · Score: 1

      "I guess that "pirate tax" on all recordable media is redundant and can be removed now? It was there to "protect the artists," but now the lawyers on the hunt trying to "protect the artists.""

      Doubtful. Here in the US we pay all sorts of taxes and levies and it doesn't get us any protection. For example, local and national police forces are paid for through taxes, yet paying the taxes doesn't prevent us from being arrested if we do something naughty.

      Lots of Canadians think that downloading is legal because there is a levy on blank media. While this is a reasonable assumption (I believe that they think this because their health care system works in such a manner), it's not correct -- Canada doesn't have a socialized music industry. The facts that there is a levy on recordable media, and that downloading of copyrighted materials against the copyright holders' will is currently allowable in some circumstances, are not corelated.

      --
      Sitting in my day care, the art is decopainted.
  8. I'm sure the $20 hookers say the same by Anonymous Coward · · Score: 1, Interesting
    [..] a lawyer for Videotron, that he's bewildered as to why other ISPs are fighting a motion from the music industry to hand over the names of people who share large volumes of songs on-line.

    "We do it on a regular basis. It's not very complicated," said Serge Sasseville, following the conclusion of weighty Federal Court of Appeal hearings about file-swapping, which could lead to the start of lawsuits against so-called music pirates.

    1. Re:I'm sure the $20 hookers say the same by tomhudson · · Score: 4, Informative
      Looks to me that they've already admitted to breaching PIPEDA (the Personal Information Privacy and Electronic Documents Act) linky to federal government site here

      Class action suit, anyone?

    2. Re:I'm sure the $20 hookers say the same by AndroidCat · · Score: 1

      If they're bewildered why other companies don't bend'em and spread'em like they do, they've probably never heard of PIPEDA at all.

      --
      One line blog. I hear that they're called Twitters now.
    3. Re:I'm sure the $20 hookers say the same by geoffspear · · Score: 1

      Did you even bother to read the article summary? The law allows them to turn over the information with a court order. CRIA has requested a court order, and the other 4 major ISPs are fighting the request. The law doesn't require a company to fight to quash a request; if the request is illegal, it's the court's responsibility to not issue the order.

      --
      Don't blame me; I'm never given mod points.
    4. Re:I'm sure the $20 hookers say the same by wo1verin3 · · Score: 1

      They're in Quebec... it always gets exceptions and it's own rules... if we threaten to smack it when it's being bad it threatens to leave home (seperate)

      Quebec is like Canada very spoiled child.

    5. Re:I'm sure the $20 hookers say the same by tomhudson · · Score: 1
      In this case, ignorance is not an option - they HAVE heard of it, since it was cited in previous arguments.

      They're (Videotron) pissed because it competes with their investment in online music retailer Archambeault (just follow the money).

    6. Re:I'm sure the $20 hookers say the same by Anonymous Coward · · Score: 0

      The other companies would like to see a little more than the RIAA's usual grade of "proof" that leads them to sue dead grandmothers.

    7. Re:I'm sure the $20 hookers say the same by Anonymous Coward · · Score: 0

      Why don't you post that in French you insensitive clod!

      Spoiled Quebecer

    8. Re:I'm sure the $20 hookers say the same by Anonymous Coward · · Score: 0

      Certainment, mais mon stylo est sur la plume de vos tante!

    9. Re:I'm sure the $20 hookers say the same by tomhudson · · Score: 1
      Dude, this is a continuation of a previous action. The law does NOT allow them to turn over the information without a court order, which is why it's now before the courts.
      The law doesn't require a company to fight to quash a request; if the request is illegal, it's the court's responsibility to not issue the order.
      No, it's the courts responsibility to hear arguments from both sides, and then render a judgment based on those arguments. Don't expect to go into court and win just by saying "It's illegal". the judge wants briefs and arguments explaining just why its illegal, with citations/references. You cite law such-and-such, and explain why you're right; the other side cites some-other-law/decision/jurisprudence to counter your claims.

      CRIA made the request. If nobody comes up with legal reasons to oppose it, the request is granted.

    10. Re:I'm sure the $20 hookers say the same by wo1verin3 · · Score: 1

      *grin*

      I was referring to the province as a whole or specifically the gov't.... not the people which have mostly been cool. :)

    11. Re:I'm sure the $20 hookers say the same by tomhudson · · Score: 1
      Reminds me of the guy who got a tattoo of Canada on his ass - every time he takes a dump, Quebec separates.

      Another guy did the same, shifted a bit mover - every time he farts, there's more hot air escaping from Ottawa.

      Back on topic - Videotron has been trying to establish itself as an online music/content vendor, and they see p2p networks as competition.

      This is one reason why I haven't bothered checking my videotron email account - they spammed it the same day I got it!

      If they want to send me a notice, it'll have to be by snail mail. Maybe I'll be singled out - I uploaded 100 gigs in March - but it was Linux isos. That would be just too funny.

    12. Re:I'm sure the $20 hookers say the same by DaCool42 · · Score: 1

      They've requested a court order. So far, the courts have said no. Until they actually have a court order, why should they get private information?

      --

      ----
      All of whose base are belong to the what-now?
  9. Swapping names for what purpose? by sellin'papes · · Score: 3, Informative

    It is currently not illegal to share music files online in Canada. So I'm wondering why the CRIA is collecting the names of people who do? This seems premature and to infringe on file sharers rights.

    --
    This is my last post.
    [6th Estate]
    1. Re:Swapping names for what purpose? by isolationism · · Score: 2, Insightful
      I'm not a lawyer and this certainly doesn't constitute legal (or even good-) advice ... But my understanding is that it is and always has been illegal to share the music; it's downloading the music that is considered not to be illegal.

      The second you turn around and share something you downloaded, ripped, whatever, is when I believe you're breaking Canadian copyright law.

    2. Re:Swapping names for what purpose? by MKalus · · Score: 1

      Actually it hasn't been determined if the sharing is illegal or not. The logic was that just making something available does (currently) not mean that the person is responsible to make certain nobody downloads.

      Having said that, downloading in an on itself seems to have been ruled "legal" as a levy is paid for each CD.

      Now, IANAL, so take it with a lump of salt.

      --
      If you want to e-mail me, use my PGP Key.
    3. Re:Swapping names for what purpose? by Anonymous Coward · · Score: 0

      my understanding is that it is and always has been illegal to share the music

      No.

      What's illegal is making copies for someone else. You can lend them your copy so they can make their own copy, but you cannot make a copy for them. For a physical medium (eg a CD) this is not a problem, but in the case of file sharing, it's a grey area because you have to define which party is the one making the copy.

      Is the uploader the one making the copy because they have the original, or is the downloader the one making the copy because they're the one initiating the process (by selecting the song and clicking 'download', or whatever)?

      This question hasn't been legally hammered out - it's not addressed by the legislation because it was drafted before P2P was on the radar, and so far there hasn't been a court case that answered it (although there has been a court case, this issue wasn't directly addressed - see below.)

      it's downloading the music that is considered not to be illegal

      Correct - the CRIA tried to get the names of downloaders, and the court ruled that they couldn't have them, because if the downloader is the one making the copy, then there is no law being broken, and if it's the uploader making the copy, then the downloader can't be prosecuted because they are not the ones breaking the law.

      The second you turn around and share something you downloaded, ripped, whatever, is when I believe you're breaking Canadian copyright law.

      No, you *may* be breaking Canadian copyright law - that hasn't been established yet.

    4. Re:Swapping names for what purpose? by iamnotanumber6 · · Score: 1

      This is just an appeal of the *same* case that last year decided p2p sharing was ok, the names are the same 29 names as before. They are still pursuing the same people.

  10. support the small potatoes by allegr0 · · Score: 4, Insightful

    This is part of why I use a small-time isp. Not only am I supporting a local small business but there are so few customers (comparitively) that it wouldn't be worth it for anyone to ask for a list.

  11. Re:Do two wrongs make a right? by Anonymous Coward · · Score: 0

    Do two wrongs make a right?

    No, but three lefts do. :-)

  12. Protect culture? by Dimentox · · Score: 5, Insightful

    [..]"Piracy of music, piracy of TV, piracy of film -- it's all the same. It's piracy of intellectual property and cultural products," Mr. Sasseville said Thursday from his office in Montreal. "Nobody gets paid. Not only the big companies but also the creators. It's really important that we protect our culture."

    IMHO that file shareing does not harm ones culture. The only thing it realy harms is big business. I am a musician myself and am under the camp that music should be free and people get paied for doing SHOWS.. The music itself should be promotional for the shows. And having almost signed a contract untill i read what i would get the musicians do not much per copy at all. They do make money on merchandizeing and doing shows.

    Its a shame how deeply rooted the music industry is and what it can pull off. I just cant see how they are pulling the "culture" flag out of their pocket in this one. How does free music ruin culture? It only enhances culture due to the fact that more people are able to share in this cultural music. Atleast its just one ISP for now that is not protecting your privacy rights. But how long is it till others follow suit?

    --
    string sig = llGetSig("dimentox"); llSay(0,sig);
    1. Re:Protect culture? by j-turkey · · Score: 1
      I am a musician myself and am under the camp that music should be free and people get paied for doing SHOWS.

      Are you a professional musician, or do you have a day job? What is your album distribution like? Who sells them? Not trying to get in your face, but it's good to qualify that if you're going to use it for the discussion.

      Many professional musicians don't really make money on albums anyway unless they've picked up very widespread distribution. Most local and regional bands I know lose money on albums (unless they're sold by the band at shows along with other merchandise), but use them to promote tours, which is where they (local and regional bands) earn their living.

      However, if a band reaches critical mass amongst commercial listeners, they have to lay out a sizable chunk of change (usually a loan) to finance the production, distribution, and promotion costs of an album. It's a huge risk. The point is that those bands are the ones that stand to lose everything, and piracy can really hurt them (especially considering the chunk that comes out of their sales to finance the album).

      Is this aspect of the "system" fucked? In some cases, sure. My point is that these arguments are never very cut-and-dried, because the business of music is as varied as the genres invloved. I'm actually pretty optimistic about the future, since new use of technology is allowing musicians to bypass record companies and produce albums by themselves cheaply and efficiently, allowing for "organic" distribution, rather than a hit-or-miss attempt at market saturation (like covertly paying radio stations to play your single and boost album sales).

      Personally, I think that that similar to the American radio business, record labels will (in a sense) create a need for a competing market. Radio consolidation has irritated many listeners with syndicated, unmanned stations, and increased the ad/content ratio. Further, they've bent over for the FCC. This will really push the satellite radio market. Similarly, tactics from record companies will put the spotlight on independant labels, as well as prompt more bands to handle their own recording and distribution, sometimes turning to new uses of technology, such as digital distibution. As the costs of production, distribution, and promotion drop, the need for a large, central recording industry will drop as well. In the end, I think that we'll both agree that culture will win out.

      --

      -Turkey

    2. Re:Protect culture? by HangingChad · · Score: 5, Insightful
      I just cant see how they are pulling the "culture" flag out of their pocket in this one.

      Because it doesn't sound as good to stand up and say, "We're a bunch of greedy, pud yanking wankers trying to protect our racket and we want to sue these people because it beats working for a living."

      So when you don't want to say that, then you say something about protecting culture. If you're MSFT stuffing product activation down the consumer's throat, you say you're doing it to protect honest users. Just like when you're giving your buddies in the banking and credit card business a giant wet kiss on the lips you say you're doing it to make credit more affordable. And when you're sticking your nose into the private business of millions of Americans, you just have to say you're doing it to protect them. Just like we're protecting democracy in Iraq, which sounds better than saying we used bad intelligence as an excuse to invade another country. Instant nobility.

      And if you really get desperate, then drag children into it. You can justify almost any horror by claiming you're doing it to protect the little children.

      Got the picture?

      --
      That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    3. Re:Protect culture? by NeuroAcid · · Score: 1

      I completely agree with you on this. Good musicians can offer free music and expect to sell out their shows. A bad musician can't because they often suck playing live(and even if they're good playing live their music sucks). That and the bad ones, I'll use Spears as an example, have an audience that range in age from 8 to 13, and that age group isn't know for spending big bucks on concerts. The main fear of the music industry, however, is not that they own the rights to mostly bad bands, it's that the only reason a band signs a contract is for their superior distribution capabilities. Take that away by offering your music free online, and large music companies are pointless. I disagree with the music industry's fight, but I understand. They are fighting for their survival. That said, what's your band, I'll come out and support you. If your good.

      --
      "I don't need drugs to enjoy this, just to enhance it" - Otto
    4. Re:Protect culture? by Dimentox · · Score: 1

      I appreciate you wanting to help support it. It means alot.. I would post the URL but having it be slashdot effect would kill me *I pay for bandwith above 30 gigs* and with over 8 albums avail for DL it would kill me.. Though thoes interested i will give you a link if you email xotmid@gmail.com. In hind sight i really need to get a slashdot proof version of my www site for the band =)

      --
      string sig = llGetSig("dimentox"); llSay(0,sig);
    5. Re:Protect culture? by atomic_toaster · · Score: 1

      I am a musician myself and am under the camp that music should be free and people get paied for doing SHOWS.

      Hear, hear!

      However, I think it would be fair, if you wanted the song recorded on a piece of media, to pay for the cost of the media, cost of reproduction, and, if you want it, the cost of producing the fancy packaging, maybe even a small profit margin for the people who run the packaging business. That would bring it to $2 or $3 per mass-marketed CD, at a guess. Plus the taxes that go to Our Almighty Lords in the Government.

      If you want to circulate the music yourself using your own resources instead of paying someone else to do get the music for you, that should be your choice. You're still spending money to do it -- that computer you're using wasn't free, nor was the bandwidth you're using, nor the recordable media/mp3 storage device from which you're listening to the music. You're still supporting industry and anything you buy sends taxes to the government.

      What the RIAA is missing is that, when all's said and done, IT'S STILL A RECORDING, it will never compare to a live show, and for that reason people will continue to go to concerts. People will always buy merchandizing that lets them show off their love for a band/movie/whatver. Musicians make a hell of a lot more profit from live shows and merchandizing than recordings anyway, so giving people the impetus to go to live shows would be a much more effective way to protect the artists' interests, wouldn't you say? It's not like people who download songs taking credit for the creation of the work. Rather, they're saying "so-and-so is a really good artist, I should share some of their work with you!"

      Essentially, the media industry is a packaging business for the works of original artists. They're packaging entertainment in small chunks so that it can be easily consumed by the fans. If you think of recordings (music CD's and video DVD's) as a kind of advertisement for the real deal (live concerts and movies shown at theatres that are ridiculously above and beyond your puny entertainment system at home) with the potential to make massive $$$ off of marketing (think Duff Stuff and Star Wars toys), then you'll start to see where the entertainment industry really is. The RIAA wishing it weren't so won't change things. To the RIAA and other like organizations: there is still a ton of money to be made in the entertainment industry without sueing people right and left and generally pissing off the very customers that need to attract. You have to change your business plan, not try and get the world to change around your current plan -- the latter is futile in any case and you'll just lose even more money. And if you don't hurry up about it, while you're losing all that money that you claim people are "stealing" from you, another company/organization is going to leapfrog past your antiquated business model and yank the media carpet right out from under you.

      Hmm, I think I see a business plan looming. Anyone want to buy shares in an up-and-coming company?

    6. Re:Protect culture? by kfers · · Score: 1

      I actually agree with what this Mr. Sasseville is talking about. Sometimes I don't understand why some americans think they have the right to this and the right to that. Why is it that they think they can get everything for free? Or why is it that they want to share everything, even things that don't really belong to them? This is the culture that is developing here.

      Is it so bad to spend money on things that you like and support? Spending money is what drives the economy and industries. If people don't spend, the economy won't grow.

      I am a chinese-canadian, originally from Hong Kong. In HK, the economic growth and economic droughts are very apparent. When there are periods of depression, or incidents like SARS, the economy suffers because people are less likely to spend. But when people are spending like they normally do by going out and buying cds, books, magazines, movies, food, the economy grows. That's also the reason why HK can keep their entertainment industry alive, even though it is such a small place.

      I do agree that file sharing can greatly help independant artists in getting their music recognized. But these guys do it not with the intention of making money but to get their music heard. So the file-swapping culture may be a blessing to them. The music industry is in it for business. If people think this is unethical, they should've raised this issue years ago when people started charging money for music. But now, this is how business is ran, and it is in fact the culture of business. So that's why I agree with protecting culture. When people spend, it will drive the economy forward.

    7. Re:Protect culture? by Anonymous Coward · · Score: 0
      I am a musician myself and am under the camp that music should be free and people get paied for doing SHOWS..
      It disappoints me greatly to see a fellow musician saying this. Is your musical worldview so narrow as that? Does your idea of music consist of nothing but guitars, keys, bass, and drums? Smoky bars, clubs, festivals... arenas?

      You are wearing musical blinders. There are many, many different types of music out there. Some can be performed profitably in front of a paying audience. Some cannot. Open your mind to this fact.

      If you make music in a certain niche, you might have thousands of fans spread out worldwide, but only a dozen of them together in the average city. Not because it isn't good, but let's say because it's too esoteric the average listener. These musicians cannot make money by touring. They make money by selling recordings, or not at all. Under your plan, P2P would kill off niche musicians.

      Some kinds of music are not made to be performed. Take, for instance, movie/TV soundtracks. How are you going to tour with that? Or the music you hear playing in restaurants, waiting areas, health spas, etc. Music designed to be played in the background. What kind of venue do you have in mind for a live show of, say, muzak?

      Then you have things like audiobooks. Do you think you could make money touring your excellent reading of Don Quixote? Doubtful. Yet audiobooks are traded on p2p networks as well. What plan do you have in mind for compensating the people who create them?

      Your solution is simply not satisfactory.

    8. Re:Protect culture? by Farmer+Tim · · Score: 1

      "How does free music ruin culture? It only enhances culture due to the fact that more people are able to share in this cultural music."

      I disagree, looking at the current state of file sharing: it closely mirrors mainstream media, only cheaper. And that's the problem: in it's current form it reduces the visability of independents who actually want their music freely available and reduces the incentive for listeners to seek the truly free alternative. Worse still, and entirely unlike radio, the P2P user can seek specific files only and ignore anything else ("I know what I like, and I like what I know" - Genesis), and so avoid accidental exposure to anything beyond their sphere of experience. This IS bad for culture, because culture only thrives when there is diversity.

      And say what you like about record companies, they fund the creation of music which is undeniably popular (not that popular necessarily equates to good, but that's a matter of opinion), and they do make some investment in less likely acts. One of my own bands is a good example: we got 2 albums and 6 EPs, plus promotional work including press, radio and TV interviews and the odd music video, all of which incurred a paper debt but cost us precisely nothing out of pocket. Realistically, an instrumental jazz/rock band that plays in odd time signatures doesn't really stand much of a chance of having a hit record and we knew it (even though it hadn't occurred record company), so as far as we were concerned it was free promotion at the record company's expense, and (just like file sharing) hang the profit from recording...not that I'd have objected to selling 250,000 disks, obviously...

      "And having almost signed a contract untill i read what i would get the musicians do not much per copy at all."

      $0 from file sharing is exactly equal to $0 from a record company, but the record company will at least do promotional blitzes of mainstream media (and add it to the bill, of course). File sharing and web sites are all fine and good, but you really can't beat geographically targetted promotions in regular media for punter pulling power; high rotation radio play will turn an audience of 50 into 500 in a week. File sharing has it's success stories, but it doesn't have that kind of power...not yet, anyway.

      "They do make money on merchandizeing and doing shows."

      I'm not quite sure who you mean by "they"...musicians or record companies. However, looking over my contracts with BMG and Universal, I can see no referrence to live shows or merchandise commissioned by the band. Of course, I used the contract negotiations to actually negotiate, so I got the contract that suited me.

      --
      Blank until /. makes another boneheaded UI decision.
  13. i betcha if i was the former prime minister... by Anonymous Coward · · Score: 0, Offtopic

    I figure that if the former Prime Minister of Canada can walk away from a sponsorship scandal unscathed, I should be able to download a few songs without penalty.

    Okay okay, I know that nothing has been resolved regarding the sponsorship scandal, but you get my point.

    1. Re:i betcha if i was the former prime minister... by Anonymous Coward · · Score: 0
      Yes, but I doubt you could produce the balls of various US presidents in court like he did.

      Yes, of course I meant golf balls.

  14. What the article doesn't specify... by Sixyphe · · Score: 4, Informative

    ... is that Videotron is owned by Québécor Media, who also owns a healty chunk of the local music industry. In other words, they are highly motivated to fight file-sharing of copyrighted material.

    This has a strong Sony feel to it.. the same company owning entities in domains that have conflicting interests, and end up shooting themselves in the foot.

    1. Re:What the article doesn't specify... by Red+Alastor · · Score: 4, Informative
      ... is that Videotron is owned by Québécor Media, who also owns a healty chunk of the local music industry. In other words, they are highly motivated to fight file-sharing of copyrighted material.

      I guess that you mean is that Videotron is own by Québécor Media who also own a healty chunk of the local music industry, the two biggest french TV channel (we are talking about Québec here, people won't watch english TV) hence control the news and also happen to produce reality shows and own 98% of all the magazines of Québec so even the rumors that we see in magazines are produced by them ?

      Yes, it is.

      --
      Slashdot anagrams to "Sad Sloth"
    2. Re:What the article doesn't specify... by Anonymous Coward · · Score: 0

      I agree with what you are saying, but I'm not entirely sure how organized these companies are.

      How many times have you run into situations in which the right hand doesn't know what the left hand is doing? Better still, how many examples have you seen in which one hand doesn't give a rat's ass what the other one is doing?

      Sometimes these companies aren't as clever as you want them to be.

    3. Re:What the article doesn't specify... by pete_norm · · Score: 2, Informative

      Don't forget that Quebecor also owns two of the biggest newspapers in the province. Media concentration at its best !

    4. Re:What the article doesn't specify... by JFMulder · · Score: 1

      And they also own their own iTunes like store, Archambaultzik.

      God I hate Quebecor.

    5. Re:What the article doesn't specify... by pete_norm · · Score: 2, Insightful

      Well, with Quebecor it's pretty simple. They use their newspapers to promote their TV shows. They use their TV shows to promote their artists and magazines. They use their "news" program, to present "news" about TV shows and music shows where their artist appear. They use their record stores to highlight their own artist. And they use all this media power to put out campaigns against downloading music on the web.

      When you live in the province every day, you know it's all pretty well organized.

    6. Re:What the article doesn't specify... by substance2003 · · Score: 1
      And the other ISPs don't own any businesses threatened by file sharing?

      Which companies again own Global TV and CTV?
      Isn't there a chain store called Roger's video?

      I think most of the major ISPs in Canada have something to lose from file sharing. Videotron is just the first to act on this. They might even give other ISPs interest in following they're example.

    7. Re:What the article doesn't specify... by Ragica · · Score: 1

      Er... you mean fight "alternate distribution methods", I'm sure.

    8. Re:What the article doesn't specify... by Secret+Agent+99 · · Score: 1

      Actually, I'd say they're very much for downloading music on the web...as long as it's from Archambault.

    9. Re:What the article doesn't specify... by madumas · · Score: 1

      They own major TV channel, TVA. What is the other?

    10. Re:What the article doesn't specify... by Red+Alastor · · Score: 1

      TQS

      --
      Slashdot anagrams to "Sad Sloth"
    11. Re:What the article doesn't specify... by Red+Alastor · · Score: 1

      As Safarir (a humour magazine) once wrote : they just have to buy some dumps and they will be able to control the entire life cycle of their products.

      --
      Slashdot anagrams to "Sad Sloth"
    12. Re:What the article doesn't specify... by Anonymous Coward · · Score: 0

      They own TVA but not TQS , TQS is owned by cogeco Cable

    13. Re:What the article doesn't specify... by clgoh · · Score: 1

      Nope.

      Quebecor had to sell TQS when they bought TVA.

      TQS is now owned by COGECO and Bell Globemedia.

    14. Re:What the article doesn't specify... by madumas · · Score: 1

      Quebecord was forced to sell TQS.

  15. Tim Tom is quaking in his boots. by Anonymous Coward · · Score: 0

    Baring any hard evidence, which will require warrants and such, at least in the USA. I don't know about Canada, can the mounties burst into your igloo and snatch your PeeCee if the ISPee reports your account? Isn't an open WiFi AP a pretty good defence vis-a-vis, "I don't know who's been eating the cheese".

  16. Since we are pointing the finger by Timesprout · · Score: 2, Funny

    I name and shame Philip and Terence

    --
    Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
    What truth?
    There is no dupe
    1. Re:Since we are pointing the finger by marika · · Score: 1

      Did you meant pulling the finger?

      --
      This is totally insecure, but very convenient.
  17. Canadian Bacon by Alpha_Traveller · · Score: 2, Funny

    If nobody mentions at least one quote from Canadian Bacon in reaction to this I think I'm gonna plotz.

    "Boomer: There's a time to think, and a time to act. And this, gentlemen, is no time to think. "

    Okay, good. Whew. Plotz avoided, carry on Eh?

    I have to agree, I just don't see how any of this could and would hold up in Canadian courts considering the protections in place for consumers. But then, that's just my opinion.

    --
    "Love is like pi - natural, irrational, and very important." (Lisa Hoffman)
    1. Re:Canadian Bacon by Fbelch · · Score: 1

      And of course... that's an American saying "And this, gentlemen, is no time to think".

      Ouch.. let the flames begin :(

      (Yes, I'm canadian ;) )

  18. Quebecor Media by Anonymous Coward · · Score: 2, Informative

    Something interesting to know is that Videotron belongs to Canada's largest media conglomerate: Quebecor Media. They own a huge part of the media and... they also own Archambault (www.archambault.ca) which sells music, some of that music even comes from artists they created on one of their show they bought from France, Star Academy.

    They are totally against piracy because it cuts their profits on their music business.

    1. Re:Quebecor Media by marika · · Score: 1

      That shouldn't allow them to refuse to follow the privacy laws. It's ridiculous.

      --
      This is totally insecure, but very convenient.
    2. Re:Quebecor Media by substance2003 · · Score: 1
      So you're saying that ISPs such as Sympatico that is owned by Bell aren't against piracy? Bell owns CTV who BTW plays Canadien Idol which creates karaoke singers that (unfortunatly) sell a lot of music. I'm sure they would love to put a halt to the file sharing just as much as Quebecor.

      Just because videotron is the first to decide to give up names doesn't mean that others don't want to.

  19. Re:What is the big deal? by Anonymous Coward · · Score: 0

    Please please PLEASE tell me that was sarcasm....
    Because if not you are comparing people downloaded copyrighted works to pedophiles and kidnappers. And if you're too stupid to realize that such a comparison is crap, please remove your network card and back away from the big glowing box.

  20. Re:What is the big deal? by Fizzl · · Score: 4, Funny

    Ah, yes. Terrorism and pedophilia.
    Two boogeymans to allow any kind of invasion of privacy.

  21. Conflict of interest by digidave · · Score: 3, Interesting

    Article:
    "It's peculiar, added Mr. Sasseville, that the ISPs are fighting the order so fiercely since many of them own entertainment subsidiaries that produce TV and film content"

    I don't think this is peculiar at all. In large a corporation the ISP division would not be responsible for helping the media producing divisions. It's likely that these two areas of the company only share a CEO, with the rest of the corporate structure being completely separate. The ISP has a good argument that turning over their customers' information will result in lost revenue if other customers leave because of it. I would also suspect that the ISP could be sued if the CRIA sues someone who is innocent of copyright infringement.

    --
    The global economy is a great thing until you feel it locally.
    1. Re:Conflict of interest by kebes · · Score: 2, Insightful

      "It's peculiar, added Mr. Sasseville, that the ISPs are fighting the order so fiercely since many of them own entertainment subsidiaries that produce TV and film content"

      So let me get this right... It's "peculiar" for a monopoly to NOT abuse it's position? What kind of world are we living in? It's normal for a business to take advantage of its conflict-of-interest position... and it's "peculiar" for a company to actually resist the urge to violate customer rights in one subsidiary in order to benefit another subsidiary.

      Frankly Quebecor Media Inc. should be sued for monopolistic practices, conflict-of-interest, abusing their power, and violating customer rights.

    2. Re:Conflict of interest by atomic_toaster · · Score: 1

      In large a corporation the ISP division would not be responsible for helping the media producing divisions. It's likely that these two areas of the company only share a CEO, with the rest of the corporate structure being completely separate.

      The strange thing about companies that are fighting the order so fiercely since many of them own entertainment subsidiaries that produce TV and film content is that one side of a business, e.g. Sympatico MSN* produce and distribute content for free online, while the TV and film side of things Bell ExpressVu** want you to pay throught the nose for the same content... The thing that the higher-ups in these companies often don't realize is that what customers are really wiling to pay for is the service that gets them the content. It's just yet another example of the one hand not knowing what the other one is doing.

      * ** Please note that I am not saying that this is what Bell does, I just am not all that familiar with Videotron and the companies that own it. I'm just giving an example of a company that provides both kinds of services.

  22. Videotron = PIPEDA Violators by Anonymous Coward · · Score: 3, Interesting

    One corp (CRIA, aka canuck version of RIAA) is asking another corp (VideoTron) for a list of their customers. In Canada, we have a law call PIPEDA that basically says any business that has client info must protect to info from being leaked out to the public. Here, VideoTron is just giving it out to anybody who asks. http://www.privcom.gc.ca/legislation/02_06_01_e.as p

    1. Re:Videotron = PIPEDA Violators by Anonymous Coward · · Score: 0
      CRIA, aka canuck version of RIAA

      Let's be blunt. The CRIA is a sock-puppet with the RIAA's arm up their bum to the elbow. And the RIAA never washed their hand first.

    2. Re:Videotron = PIPEDA Violators by Anonymous Coward · · Score: 0
      One corp (CRIA, aka canuck version of RIAA) is asking another corp (VideoTron) for a list of their customers. In Canada, we have a law call PIPEDA that basically says any business that has client info must protect to info from being leaked out to the public. Here, VideoTron is just giving it out to anybody who asks.

      Actually, no. CRIA is asking the court to ask Videotron for the names. Videotron is saying they will give out the info to any court that asks. Big difference.
    3. Re:Videotron = PIPEDA Violators by DaCool42 · · Score: 1

      RTFA. Videotron is giving out the info without a court order. The courts have said no to the CRIA every time they asked.

      --

      ----
      All of whose base are belong to the what-now?
    4. Re:Videotron = PIPEDA Violators by iamnotanumber6 · · Score: 1

      RTFA! No they are not!

      They are only saying they hope CRIA wins their appeal to have a court order granted, and they will be "delighted" to comply with it.

  23. a proposal to protect the artists. by ShaniaTwain · · Score: 5, Funny

    well, clearly neither the tax on blank media nor lawsuits galore are doing a sufficient job of protecting the artists.. I think its time to pull out all the stops:

    Encase the artists in a solid block of lucite and store them in a secure warehouse.
    Think about it. Lucite offers a good level of protection to recording artists like Bryan Adams, Celine Dion and Avril Levine, shielding them from pirates, pigeons and the corrosive effects of oxygen. Also Lucite is clear which means they can still be viewed and photographed, which I believe is their strongest skillset.

    Now there are those that say "how will they record music when they are encased in a solid block of lucite?" Thats the beauty of this plan: They've already recorded their music. More of the same is simply redundant, and the world is spared the 'come-back' album where they croon the greatest hits of Frank Sinatra, but with a moog synth and a drum machine backing track.

    I do believe this is the only plan that will really be a 100% effective way to protect the artists.

    1. Re:a proposal to protect the artists. by Anonymous Coward · · Score: 0

      Says Shania Twain... :)

    2. Re:a proposal to protect the artists. by B3ryllium · · Score: 1

      lucite ... hardening. Must strike ... classic death pose ... by Lorne Green of ... BattleStar Gallactica. Best ... Death scene ... EVER!

    3. Re:a proposal to protect the artists. by WRoach · · Score: 1

      Celine Dion, photographed, strongest skillset...lmao

    4. Re:a proposal to protect the artists. by Tim+Doran · · Score: 1

      Great idea - but I'd suggest (opaque) frozen carbonite for Bryan Adams and Celine Dion. Oh, and the Guess Who... have you seen Burton Cummings lately?

    5. Re:a proposal to protect the artists. by ggvaidya · · Score: 1

      Funniest. Slashdot. Post. EVER!

      Thanks for the laugh :)

    6. Re:a proposal to protect the artists. by dep01 · · Score: 1

      I am *ALL FOR* encasing Avril Lavigne in lucite...

      --
      "hey, could you pass me a paper towel? er.. I mean... DEPLOY ABSORBTION PANEL!"
    7. Re:a proposal to protect the artists. by Anonymous Coward · · Score: 0

      I want to encase Natalie Portman in a solid block of lucite and store her in a secure warehouse.

    8. Re:a proposal to protect the artists. by Anonymous Coward · · Score: 0
      Lucite is clear which means they can still be viewed and photographed, which I believe is their strongest skillset.

      Wait, wouldn't their singing be their strongest skillset?

      ... recording artists like Bryan Adams, Celine Dion and Avril Levine...

      Oh. Never mind!

    9. Re:a proposal to protect the artists. by Anonymous Coward · · Score: 1, Funny

      Oh, now you've done it...

      What you meant to say was Polymethyl methacrylate... what you said was "lucite"...

      You didn't even say Lucite®...

      DuPont is gonna sue your ass.

  24. Sure Videotron will do this by SILIZIUMM · · Score: 5, Informative
    Videotron is owned by Quebecor. Quebecor owns several music producers and distributors, like Select, Musicor and Trans-Canada. Also, Quebecor owns Archambault, which is one of the largest (if not the largest) CD retailer in Quebec.

    It's clear to me that using FUD, Quebecor (using Videotron) wants to raise up the profits in its music division.

    My 0.02$.

    1. Re:Sure Videotron will do this by legojenn · · Score: 1
      I'm sure it's also mentioned that they own Camelot, the place where I get my Slackware boxed sets. I prefer to buy through a Canadian retailer so I don't get hit with taxes and customs brokers fees before I can collect my cds. Are there other retailers in Canada that sell Slackware that are not so nasty?

      PS. Camelot also spams their clients, bastiches.

      --
      I make a reasonable middle-class wage by going to work and not spamming blogs with scams.
    2. Re:Sure Videotron will do this by ScentCone · · Score: 1

      Quebecor (using Videotron) wants to raise up the profits in its music division

      Any chance that they simply want the profits not to erode do to the copyrighted material of their artists being ripped off? If I run a business to earn a living, and someone figures out how to get my product or services without paying the price I'm asking, and to massively redistribute the same to even more non-paying users, is it "raising up my profits" to find a way to stop them? Or is "not losing my profits?"

      So what if they're owned by the same people? How does that make not paying for your entertainment somehow OK? And if the point (so often made) is that their stable of entertainers is no good, then why would anyone want to rip off that music? As long as people are bothering to find someone who's spreading around copyrighted work, you have to assume that they want that material, that they value it. If they value it, and thus the artists that produce it, why are they cool with making those artists entertain them for free? No amount of splitting hairs over what's legal or not in Canada changes the basic issue of people wanting to be entertained, but being too cheap and ethically challenged to pay for what they say they like and respect. What a bunch of hypocrisy.

      Let's get the conversation back on the root of the topic: an artists wants to sell their work, and plenty of people would rather go to some trouble to avoid paying for it. And the business organizations that are set up expressly to handle the artists' business issues for them (sales, distribution, and their royalty checks) are handling one more part of the artists' business: keeping them from getting ripped off. It's their job. They get paid for it. And with that paycheck, they do things like actually pay for the consumer goods they want. Sure there are probably a few shoplifters and people who duck out on restaurant checks working for recording companies, but let's just call all of this what it is: one great big sense of entitlement to free stuff on the part of music "fans" who, if you think it through, are no fans at all (at least, not of the artists they're willing to screw over for a free song).

      --
      Don't disappoint your bird dog. Go to the range.
    3. Re:Sure Videotron will do this by Pig+Hogger · · Score: 1
      Sigh. I used to know the founder of Camelot (it started as an ordinary newsstand, and they specialized in computer books because they were in the building where the computer science faculty of the UQAM used to be), a very nice woman who would take the trouble to order rare foreign magazines for me...

      Then, one day, no more nice woman. They sold out to Pédaleau for a few million dollars...

  25. Why the **** by totoanihilation · · Score: 5, Interesting

    okay? let me get this straight:

    I paid a 25$ levy on my iPod because it was assumed that I pirate music. This money was supposedly sent to the artists, to compensate them. My iPod is full of CDs I own and ripped myself.

    We have to pay double or even triple the price on our CD/DVD media because it is assumed that we pirate music. Again, this music is sent to the artists. Most of the stuff I burn is my own personal data.

    So. The artists get paid, and the music swappers get sued. Where does the money go? With all these 'taxes' you would think it would be legal to download music. If it is not, then can I get my 25$ levy and the difference in recordable media prices back?

    1. Re:Why the **** by marika · · Score: 1

      It's ok download music as much as you want, just don't share them. That's how it works.

      --
      This is totally insecure, but very convenient.
    2. Re:Why the **** by mopslik · · Score: 2, Informative

      If you paid a $25 levy on your iPod, you should look into getting it back. The levy was thrown out.

      You do, however, continue to pay a $0.21 levy (or so) on each blank CD.

    3. Re:Why the **** by Thunderburke · · Score: 1

      I never quite figured out how the levy works. The last time I bought cd's, I got 100 Riteks for $18.00. Also, I bought 200 Ben-Q DVD-r's for $65 (the ones at F/S). Both are below the cost of the levy.

    4. Re:Why the **** by x_codingmonkey_x · · Score: 0

      If no one shares what will there be to download?

    5. Re:Why the **** by marika · · Score: 1

      I didn't say that I agreed I just said that's the way it has to work to be safe in Canada. We pay taxes for that.

      --
      This is totally insecure, but very convenient.
    6. Re:Why the **** by Anonymous Coward · · Score: 0

      Deduct it from your taxes.

    7. Re:Why the **** by draggy · · Score: 1

      Canadian levy on CD-R is on CD-Audio CD-R.
      The ones that cost $2 a pop.

      --

      Let's not all suck at the same time please

    8. Re:Why the **** by DeeKayWon · · Score: 1

      Incorrect. The levy is 21 cents per regular CD-R/CD-RW, and 77 cents per Audio CD-R/CD-RW.

      To the grandparent, there's no levy on writable DVD discs.

  26. mod up^ by CABAN · · Score: 1

    mod up^^^

    1. Re:mod up^ by Anonymous Coward · · Score: 0

      mod downVVV mod yourself asshole

  27. I'm confused. Will they still want a court order? by Gnavpot · · Score: 1

    After reading the FA (had to try it), I am still confused.

    Is he saying that he from now on will divulge information without a court order?

    Or is he merely saying that he will not fight such a court order?

    Seems to me that the latter is acceptable. An ISP can not necessarily be expected to use time an money on fighting court orders - though many of us may prefer an ISP who does.

  28. Re:Do two wrongs make a right? by Anonymous Coward · · Score: 0
  29. Oh god, I'm fucked... by Anonymous Coward · · Score: 0

    I thought I was allowed to "share large volumes of songs on-line" up here!

    I'm switching to DSL tomorrow. Fuck Videotron to hell.

  30. Videotron got too many customers? by Anonymous Coward · · Score: 0

    It would be interesting to see how many will leave Videotron after this. It's not that everyone is a file sharer, but I for one would feel uncomfortable knowing that my ISP would hand out my personal details if only the (in their opinion) "right person" asked for it.

    1. Re:Videotron got too many customers? by substance2003 · · Score: 1
      And where would you have them leave to go to? Bell with they're slow connection and terrible billing mistakes? Or maybe they should go with AIE or Colba Net or some other smaller DSL ISP. But wait, aren't they just using Sympatico's DSL network?
      In some cases, they don't have a DSL option since Sympatico doesn't offer the connection to as many areas as Videotron does. I know more people that are pissed of because of Bell's loosy service than Videotron.

      I also recall how much business Bell lost when they tried to place a download limit on customers which was worse than videotron's and jack up the price on top of that. People look and react a lot more at changes to they're bills then they will to the fact that a company is handing out they're personal information because no one believe that they are doing anything wrong. They'll change they're minds when they receive a letter of cease and desist demanding them to pay a sum of a couple of millions in restitutions.

  31. this doesn't make sense... by notoriousE · · Score: 0, Funny

    Is there really any Canadian music WORTH pirating? Let's be honest here Canada :)

    --


    And then there was E
    1. Re:this doesn't make sense... by notoriousE · · Score: 0

      hmm i thought the topic was canadian music piracy

      --


      And then there was E
  32. How about Germany ? by hppacito · · Score: 0

    I know all this is about Canada, but how about Germany ?, where btw. DSL seems to be really expensive I couldn't find why. 1 Mbit/s flatrate 40 Euro (when you don't have a phone)

  33. Well... by lbmouse · · Score: 3, Funny

    Better delete all my illegal Anne Murray and Paul Anka MP3s.

    1. Re:Well... by Citizen+of+Earth · · Score: 1

      Better delete all my illegal Anne Murray and Paul Anka MP3s.

      I'd be interested to hear how many Slashdotters can claim to have absolutely no Canadian artists in their music collections.

    2. Re:Well... by lbmouse · · Score: 1

      I'd be interested to hear how many Slashdotters can claim to have Celine Dion in their music collections.

    3. Re:Well... by AussieVamp2 · · Score: 1

      I'd be interested to know how many Slashdotters would pay for there never to have been any Celine Dion.......

  34. Uploading is still Illegal.... by forum__32 · · Score: 1

    Videotron is releasing the names of major uploaders...as uploading is still illegal. If they were releasing the names of downloaders it would be a different story, as downloading is "legal" in Canada because of the levy.

    1. Re:Uploading is still Illegal.... by Anonymous Coward · · Score: 0

      Videotron is releasing the names of major uploaders...as uploading is still illegal.

      alledged uploaders As such they (should?) need a court order to release these names.

    2. Re:Uploading is still Illegal.... by Dav3K · · Score: 1

      um, hate to nitpick, but uploading hasn't been expressly defined as illegal up here in Canada quite yet. Sure, the CRIA is building a case against it (hence the ID requests) but it's still a 'grey area' in Canadian law.

      Also, as another responder pointed out, the persons defined are ALLEGED uploaders. They could be uploading legitimate files (such as linux .iso files, for example) or they could have a wide open WIFI port that some other unnamed person is using. If I own a car, and my son uses it to rob a bank without me knowing, who is guilty? Me, for owning the car?

    3. Re:Uploading is still Illegal.... by KenBot_314 · · Score: 1

      Interesting tangent...

      My city (US) is implementing cameras in the major red light intersections. If your car is photographed running a red light, you WILL get a ticket in the mail...

      My understanding is that you can only get out of it if you can PROVE that someone else was driving.

      [sarcasm]What a great world we live in[/sarcasm]

    4. Re:Uploading is still Illegal.... by forum__32 · · Score: 1

      I am under the impression uploading is illegal and sharing is not, until a final ruling is made, i'm actually not sure what to beleive.

      An open wifi point is your own responsibility, take due diligence to secure it.

      Off Topic - Since it is your car, you will be a prime suspect, police may get a warrant based on this evidence, and thus your house will be searched. So that isn't a very good example.

    5. Re:Uploading is still Illegal.... by Dav3K · · Score: 1

      The example isn't perfect, I'll agree. But I'm really railing against the presumed guilt being foisted on us by the CRIA. A woman I work with sings jazz, and often records her performances. We pass those files around all the time, freely (and legally). We have also paid our levys for our ipods, and CD-Rs. The sad part is that she doesn't see a penny of that levy cash, because she's an unsigned artist. But again, I'm wandering off topic. I've started a site to collect the news about developments in Canadian copywrite law. www.savemyipod.blogger.com

    6. Re:Uploading is still Illegal.... by KillerBob · · Score: 1
      We've had red-light cameras in this city for a long time. It's not so much about trying to punish people, though. The thing of it is that the red-light camera acts as a deterrent. There are far fewer accidents at the intersections where the cameras are known to be than there were before the cameras were installed, and it's because people are afraid of getting caught doing something stupid.

      Safety through paranoia, but safety none the less.



      As to an earlier question at hand, the example of the wireless network would be fine, as long as you've made some effort to secure the network. Even if all you're doing is enabling WEP, you've "secured" the wireless net enough to be able to disclaim any responsibility if somebody wardrives your network and uses it to commit an illegal act. The person has, at that point, committed another act of computer crime to enable them to achieve their main objective, and the victim of the hacking is not responsible.

      --
      If you believe everything you read, you'd better not read. - Japanese proverb
    7. Re:Uploading is still Illegal.... by iamnotanumber6 · · Score: 1

      Videotron is *not* releasing any names. They are merely saying they will be "delighted" to if the court orders them (which is hasn't), whereas the other ISPs are arguing the order should not be granted.

      Putting your music up on kazaa was ruled to be *legal* by a judge in this *very same case* last year, which is why he wouldn't grant the order then. The CRIA is now appealing the case, still trying to get the same order granted to identify the same 29 people as last year.

  35. MIT published its complaint IP numbers by peter303 · · Score: 4, Interesting

    The MIT student newspaper publish the RIAA complaint today . They listed the IP numbers, dorm address, song titles, but not students names.

  36. Re:What is the big deal? by digidave · · Score: 3, Insightful

    It's all about the amount of proof that exists and where the request is coming from.

    Pedophiles are investigated by the feds who watch users on chat rooms, web sites, credit card bills, etc. They can get a court order for a net tap after they have sufficient evidence. Once they do gather this evidence the conviction is a sure thing because they've been thorough.

    The CRIA matches Kazaa usernames with IP addresses and wants to know the ISP account holder's name so they can sue that person. They aren't careful enough to figure out who's actually sharing files and they don't download all of the shared files to make sure that they really are copyrighted. Who's to say they aren't mislabled personal tunes?

    --
    The global economy is a great thing until you feel it locally.
  37. An alternative music culture by sellin'papes · · Score: 4, Interesting
    Lets assume that musicians are musicians because they want to support themselves doing what they love (making music) and not because they want to be millionaires.

    Now lets assume that the sharing and downloading of music files is free and legal.

    Then lets assume that people continue to go to concerts and bars where musicians play as they have been doing.

    What happens to the music industry?

    The large record industries go under. What are the impllications of this? The Britanny Spears, Jessica Simpsons, and Clay whatshisnames fall off the music radar, and smaller bands gain more attention.

    By making music sharing and download illegal, whose interests are we serving (big record business, or small local bands)? Can small local bands survive without selling cd at HMV?

    --
    This is my last post.
    [6th Estate]
    1. Re:An alternative music culture by Anonymous Coward · · Score: 0

      And you would never have heard of bands such as the Beatles because their record companies (specifically, George Martin in this case) did a lot to professionalize their music and promote it to radio stations. Those four guys were talented but raw. Other talented folks will look at the best case scenario of ekeing out a living in the music business (which is all most professionals do anyway, but they all dream of striking it rich) and decide to become lawyers or mutual fund managers instead.

    2. Re:An alternative music culture by sellin'papes · · Score: 1
      If you think that John Lennon would have become a mutual fund manager if it wasn't for George Martin, then I would guess that you are not a musician nor have any musician friends.

      A side note: A band doesn't need a large record label to become popular, the most obvious example is the Grateful Dead who made a career through live concerts (and possibly weed). What happens generally is that a band develops a following from live performances and then a large record label buys them up to make a profit off their music. This creates the illusion that record companies make musicians popular, when a majority of the time they 'discover' bands with an already growing popularity.

      --
      This is my last post.
      [6th Estate]
    3. Re:An alternative music culture by Anonymous Coward · · Score: 0

      There are plenty of musicians who make a living without being millionaires, and as you say, they don't base their business plan on selling CDs at HMV. You can find very good examples of such musicians in folk festivals, jazz clubs, local pubs, college radios, etc. They go about their work, have fun, and make some money too.

      But. There are a few who want to become millionaires. And in order to do that, they have to shout out their wares, drowning out the others. The masses only see these loud ones and come to believe it's the only way to make music. Taking an anology too far, it's like the difference between MSIE and Opera, Notepad and Textpad, ...

    4. Re:An alternative music culture by Stonehand · · Score: 1

      It may not be necessary for every case, but that doesn't mean that well-funded marketing and distribution isn't a powerful advantage in general.

      Witness something like "American Idol", which is a series that basically *is* about the marketing of singers (and the international-scale humiliation of pathetic tone-deaf wannabes, at least judging from previews talking about the worst the show has to offer -- I don't watch, myself). Even a *loser* on that show has parlayed his "fame" into movie deals, IIRC.

      --
      Only the dead have seen the end of war.
    5. Re:An alternative music culture by Anonymous Coward · · Score: 0
      I am so sick of hearing this non-solution. Not every musician is part of a "band." Not every musician plays the kind of music that you hear in bars.

      For a musician to make money playing live, there must be a critical mass of people in a given location who are into the kind of music they make. If the devotees are spread too thinly, a live performance is not within reach of enough audience members. This is self-evident.

      So yes, the "small, local bands" who already have critical mass acceptance of their genre of music might do better. But the extreme niche musicians will have no way of reaching their audience profitably. They will have to give their recordings away at a loss, or stop making music altogether. And entire genres of music would be all but removed from the spectrum of musical variety. Music everywhere would be dumbed down to college-boy bar-music level.

      One more point: Not every sound recording is even music . What are you going to do about audiobooks, foreign language tutors, sound effects recordings, nature recordings, etc.? (Yes, surprisingly, these things are being traded on p2p networks.)

      Sound recordings need to be protected by copyright. Period.

  38. Sharing in Canada is not legal by ArcSecond · · Score: 2, Informative

    The ruling you are thinking of stated that it was legal to DOWNLOAD files; it was likened by the ruling judged to making a photocopy of some pages in a library book. I am not sure the term "fair use" was actually applied, but it seems that is the way it was being looked at.

    Sharing/Uploading is still illegal in Canada, since it is a clear violation of copyright.

    --

    I've got a bad attitude and karma to burn. Go ahead. Mod me down.

    1. Re:Sharing in Canada is not legal by yamla · · Score: 3, Informative

      Sharing (that is, making a copy available in your shared items folder for someone else to download) was explicitly noted as non-infringing by the original Copyright Board decision that explicitly made downloading okay. The board noted that it was reasonable to expect the person downloading the music was legally entitled to do so, just as you were when you downloaded from someone else.

      Uploading rather than just allowing-for-download is slightly more of a grey area, however.

      --

      Oceania has always been at war with Eastasia.
    2. Re:Sharing in Canada is not legal by ArcSecond · · Score: 2, Insightful

      I was not aware that sharing was ruled non-infringing. I stand corrected.

      --

      I've got a bad attitude and karma to burn. Go ahead. Mod me down.

    3. Re:Sharing in Canada is not legal by rocca · · Score: 1

      Sharing (that is, making a copy available in your shared items folder for someone else to download) was explicitly noted as non-infringing by the original Copyright Board decision

      I'd like to see a reference to that.

      The actual decision seems to say exactly the opposite at http://www.cb-cda.gc.ca/decisions/c12122003-b.pdf

      "The exemption in section 80 applies only when a copy is made for the private use of the person making it. This expressly excludes selling, renting out, exposing for trade or rental, distributing, communicating to the public by telecommunication, or performing in public the copy made."

    4. Re:Sharing in Canada is not legal by iamnotanumber6 · · Score: 1

      Where do you get this idea?

      The Copyright Board made no such ruling, in fact just the opposite.

      However a federal judge made a ruling contradicting that, saying it was legal. That ruling is now under appeal.

  39. I use Videotron by Webs+101 · · Score: 4, Informative
    Technically, it's superb. I live in a neighbourhood of mostly older people, so my share of the bandwidth is eneormous. I get T1 speeds on my cable modem as a matter of course. Also, it seems to be more reliable than its only real broadband competitor, Sympatico (owned by Bell Canada), according to what I see among my circle of friends.

    I'm not all that keen on Videotron's capitulation here, but I'm not going to change ISPs over it.

    Now, just to clear up some misconceptions....

    Back when blank media became a consumer good, the media companies feared losses of revenue to copying. They convinced the federal government to assess a fee on all blank media and recording devices to make up for those losses.

    There was a catch, however. The government can't tax an illegal activity. In order to mandate these fees, the government had to legalize the duplication of content for personal use. So we Canadians have been able to tape our albums, record TV shows, etc. within the bounds of the law for the longest time.

    Then came the digital revolution.

    The entertainment moguls demanded that the same fees be assessed on CD writers, blank CDs, blank DVDs, etc. The government agreed and extended the financial protection - but as a consequence also had to extend the right to make copies on the new media. As a result, downloading content is (still) pefectly legal in Canada.

    Uploading copyrighted content, however, is not legal and never has been. It may at first seem odd that we can download but not upload, but it's a consequence of the laws that give us the right to copy, not the right to share.

    The Canadian Recording Industry Association went to the Copyright Board to change this right and was Heismaned. The board ruled that they have been collecting the assessed fees and that that money was the industry compensation. Furthermore, the board ruled that such rights extend to downloading files. The board did extend the fee to cover digital music players.

    More here: http://news.com.com/2100-1025_3-5121479.html

    --

    "Even for Slashdot, that was a very obscure reference!" - Anonymous Coward

    1. Re:I use Videotron by Calcul8r · · Score: 2, Interesting

      The government CAN tax an illegal activity. For example, under the Income Tax Act any income needs to be reported, even if it is illegal.

      An instructor in my tax course told us that he has clients who are hookers who declare their earnings. They don't mind being arrested for soliciting but tax evasion is another story.

    2. Re:I use Videotron by Anonymous Coward · · Score: 0

      They don't mind being arrested for soliciting but tax evasion is another story.

      What country are you talking about?? I know in US tax evasion is a big crime, but in Canada people rarely get thrown in jail for it, especially small fry like hookers. Then again, many hookers here front as "escorts" and they report a portion of their income as coming from the legitimate side of their business.

  40. Go ahead Videotron, and we'll class-action sue YOU by Progman3K · · Score: 3, Interesting

    Let's all get together and sue Videotron instead.
    That'll show them which side their bread is buttered on.

    --
    I don't know the meaning of the word 'don't' - J
  41. Not that want to defend Shaw... by subtropolis · · Score: 1

    but it's Videotron that is going to cave on this. Shaw is just another ISP being sued along with Videotron. No need even to RTFA on that one.

    --
    "Our interests are to see if we can't scale it up to something more exciting," he said.
    1. Re:Not that want to defend Shaw... by Andrewkov · · Score: 1
      This is why Videotron isn't fighting it (from the article):

      It's peculiar, added Mr. Sasseville, that the ISPs are fighting the order so fiercely since many of them own entertainment subsidiaries that produce TV and film content that's increasingly being downloaded on-line for free. Some, such as Bell, are even part of coalitions lobbying for stricter rules against TV show and film piracy on the Net, he said.

  42. The silver lining... by Simonetta · · Score: 4, Insightful

    Although no one would seriously want to be exposed as a 'criminal' by the five corporations that control the world's music recordings, the only good aspect of being on this list is that you will be one of the few people that the music industry will hire to restructure their industry when they (finally) realize that their current business model simply doesn't work anymore.

    One thing that the music industry doesn't seem to understand is that the MP3-P2P revolution has changed the way that people think about buying music recordings. In other words, the market is not going to go back to the way that it was ten years ago. If they do manage to stop all the file-sharing, it no longer follows that the file traders are going to restart buying recordings in the way that their older siblings and parents did previously. They will find other areas such as video games to spend their entertainment budgets.

    It doesn't matter to the global entertainment corporations where people spend their entertainment budgets, because they own the entire global entertainment industry . They're going to get the money anyway; whether it comes from recordings, movies, concerts, games, whatever. It's just a matter of time before this concept sinks in on the upper management levels of the entertainment corporations and they tell the recording division executives to finally stop harrassing their customers to the point where those customers will make a focused effort to avoid buying any product produced by the company. This is the only real scenario that they have to worry about.

    Eventually the copyright situation will change from micropayments from individual recordings (sorry, superstars) to a more cloud-like revenue stream shared by all the musicians of a particular genre. Recordings will be sold in giga-byte chunks with less emphasis placed on individual musician's product and more on 'bulk' collections of recordings of the same type of music. In a manner not unlike today's swapping of hard disks full of MP3 files among music collectors.

    1. Re:The silver lining... by Anonymous Coward · · Score: 0

      "Although no one would seriously want to be exposed as a 'criminal' by the five corporations that control the world's music recordings, the only good aspect of being on this list is that you will be one of the few people that the music industry will hire to restructure their industry when they (finally) realize that their current business model simply doesn't work anymore."

      While hopeful, the likelihood of this happening is terrible. If you were a music exec, would you rather hire a "criminal" or a law-abiding (and probably not knowledgeable) "professional"?

    2. Re:The silver lining... by cdrguru · · Score: 1
      Why "new business model" would that be? Do you have one? I'm sure that some people would like to hear about it. What you are suggesting is that there is just one "global entertainment industry", and that simply isn't true. Sony doesn't share revenue with BMG, and they certainly don't do deals with Pixar. Now, if there was one giant media conglomerate that owned all of the "entertainment" you might have a point.

      You say they are going to get their money anyway - why? From who? The government? Because we have seen what "free music" and "free movies" are, and for the most part we like it. It is much nicer to download whatever you want for free than have to go to a store. I don't see any payment method that is going to convince people they should now run out and buy something - anything - that would support the individual entertainment companies. Again, if there was just one guy like Ted Turner that owned everything then maybe you might have a point. But that doesn't exist and isn't likely to.


      It is all free now - and anyone between the ages of 0-25 knows it. I don't think there is a way of putting the geni back in the bottle. Apple iTunes is an abberation - they are charging for stuff that you can get elsewhere for free.

      I suspect we are going to see things happen a lot like they have in China. Recorded music will become rare - the only recordings will be non-commercial stuff that people tape at concerts themselves and share on the Internet. You can believe there will be a movement to prevent that as well. You will also see a big change in radio station formats, because they will not exist as 24-hour-a-day ads for buying recordings. Sure, there will still be some people selling recycled "historic" Britney Spears and "classic" Menudo but I wouldn't expect much spam about it.

      The "business" of recorded music is just about over, worldwide.

    3. Re:The silver lining... by Simonetta · · Score: 3, Insightful

      If you were a music exec, would you rather hire a "criminal" or a law-abiding (and probably not knowledgeable) "professional"?

      A music executive, faced with declining profits and under pressure by the upper management, will hire anyone that can show that they understand how the new music economy works. The only reason that these people (the music library uploaders) are criminals is because the music industry says that they are. They wrote the laws and bribed the politicians to pass them. When it becomes apparent that jailing file swappers isn't going to return them to the profit levels pre-MP3, they will try a different approach. They will have to; they're out of ideas.

    4. Re:The silver lining... by Simonetta · · Score: 1

      Why "new business model" would that be?
      An example for the music industry is Amazon. Amazon doesn't create its product or manufacture it. It does provide a network by which millions of individual customers can connect to million of individual titles to find the books that customers will be interested in. It's not the bookselling function that makes Amazon important; it's the links and recommendations for other titles and customers in the same general area of interest that brings people to Amazon rather than to other more traditional booksellers.
      This is where the recording industry will find its profit when its basic product has a large decline in the price that can be charged to customers. Vastly lower prices for music recordings means vastly more amounts of junk available. Record industry profits will start to come more from its filtering function more than its distributing function.
      Economists tell us that monopolies fall apart and cripple their industry in the long run while oligarpolies (3-5 companies controlling an industry) are stable and the most efficient business structure in the long run. They aren't exactly sure why this is.
      These companies will get their money from people who want to give their money to the entertainment companies. In the real world, the number of people who want free entertainment from downloads is relatively small compared to those who want to buy CDs and movies. The real question is the price. Everyone has a different value on each individual entertainment product. It has been easier to price every product title the same and let people decide whether to pay the standard price for an individual title. That's the model that is breaking down in the MP3-DivX-P2P era.

    5. Re:The silver lining... by Stonehand · · Score: 1

      Actually, for me -- and probably others -- it IS the bookselling portion that makes Amazon important.

      It's a hell of a lot faster to search their database than to trawl a series of local bookstores when searching for a relatively obscure volume, especially if it's long out-of-print or an unpopular import. A brick-and-mortar store can't afford to stock every obscure volume on its shelves, and if both the store and Amazon would have to search for a while and ship it to me there's little reason for me to make the trip to the store.

      --
      Only the dead have seen the end of war.
    6. Re:The silver lining... by Anonymous Coward · · Score: 0

      "Eventually the copyright situation will change from micropayments from individual recordings (sorry, superstars) to a more cloud-like revenue stream shared by all the musicians of a particular genre."
      - Simonetta

      I assume the Recording Industry Association of America will be changing their name to the Recording Industry Association of the New Socialist America to reflect the apparent change in capitalism that must occur for this to come to fruit.

      While you're at it tell your boss to pay part of your salary to me.

      -Brandon. Patiently waiting for the coming revolution. Haha.

    7. Re:The silver lining... by Farmer+Tim · · Score: 1

      "When it becomes apparent that jailing file swappers isn't going to return them to the profit levels pre-MP3..."

      First: music sales profits are actually higher than they were pre-MP3. A business model is only bad (for the industry concerned) if it isn't profitable, and that's the point where executives start looking for new ideas. You don't change for change's sake, especially if that means taking a loss, and no company manager wants to be known as the one who screwed up the short term income when things were still going along fine.

      Second: just because someone has a large collection of illegal MP3s it doesn't indicate they posess any knowledge that would be useful in a business setting, just that they have know how to use P2P software. Taking the average level of ignorance displayed on this site as an example, most P2P users don't realize that the recording industry is only one facet of the wider music industry, and that record companies are seperate business entities from touring promoters, the acts themselves (and their personal management) and even the CD pressing plants, and that like most industries, companies don't share their profits with each other out of kindness. Keeping that in mind, it would take a bloody genius to work out how a set of companies, whose sole income is from the sales of recorded music ONLY, can make a profit from a free distribution model; remember, they aren't going to slit their own throats because some kids want free music.

      --
      Blank until /. makes another boneheaded UI decision.
    8. Re:The silver lining... by Simonetta · · Score: 1

      music sales profits are actually higher than they were pre-MP3.

      This is possible, but it doesn't make sense. If music sales profits were actually higher than pre-MP3 levels, there wouldn't be the push to destroy MP3 distibution. The music industry has always cooked its books. The published numbers are fantasies: what they do is the only real indication to their business health. And they are going insane in their anti-MP3 efforts. Therefore MP3 must be destroying their business in ways that they can't admit publicly.

      just because someone has a large collection of illegal MP3s
      Laws are a collective agreement that certain activities are not to be done. The MP3 private librarians refuse to accept the illegality of their collections simply because the music industry has bribed the politicians to make their collections be contraband. It won't protect them in what passes for a 'court of law' in the USA, but they refuse to accept that collecting music recordings is doing anything wrong, even if it is illegal. As it is Passover, ask your Jewish friends about the difference between something being wrong and something being illegal. They have 5000 years of experience dealing with the subtle differences between these two concepts that everyone assumes are the same.

      recording industry is only one facet of the wider music industry
      The global entertainment industry currently is controlled by five corporations, soon to be four. The concert, ticket, promotion, and about one/third of the radio stations in the USA are controlled by one company. These companies will get the lion's share of all entertainment expenditures regardless of the up/down profit levels of individual divisions of the company.

    9. Re:The silver lining... by Travelsonic · · Score: 1
      The only reason that these people (the music library uploaders) are criminals is because the music industry says that they are.


      So, why listen to them then? Since when did they control our morals and our philosophical differences? Yes laws are what tether the innocent and guilty down, and that the laws that the RIAA/MPAA/BSA forced on us are impeeding the side of reasoning in creating good IP laws as well, but there is one thing they will only control if they are allowed to, and that is reasoning, logic, and moral/philosophical points that we live by.
      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  43. Videotron... by Anonymous Coward · · Score: 0

    The thing that help "understand" Videotron's stance on this issue is that is fully owned by Quebecor Media, who distribute most of the music in Quebec... so they want you to pay for it and let's admit it, they are screwing people all they way they can, as an ISP they always had policies not to let their users run "servers" limit speed of the cable service, unless the other major provider here offered something similar... to the point where it was pointless to be on high speed with them wih transfer limits set pretty low and policies like those... nobody in their right mind would pay for such a "service"...

  44. Bot nets by lobsterGun · · Score: 1

    How about they start releasing the names of the people on the bot nets too.

  45. P2P poisoning by metoc · · Score: 1

    Given the amount of P2P poisoning going on, the defense is going to have a field day.

    'Your honor, my client was attempting to download a copy of $insert_name_of_free_to_donwload_song, but instead kept getting songs from Avril Levigne!'

  46. You keep saying that word... by Mordaximus · · Score: 2, Informative

    I do not think it means what you think it means.

    You throw the word pirate around without regards, making law abiding citizens look like criminals. It would really help if you understood the law before you rant.

    You paid a levy in exchange for the LEGAL RIGHT to make personal copies of music, even if you don't own the source material. Again, LEGAL RIGHT. If you are making a copy for yourself, no matter where it came from, it is not copyright infringement. Period. The catch is, YOU have to make the copy. You have always had the right to make copies of your own CDs for yourself, that isn't part of this discussion.

    You didn't pay a levy to give you permission to distribute copyrighted material. That has been, and likely always will be, illegal. So, if you're sharing music files on $P2P network, you are breaking the law, levy or no. If you make a copy of a CD for your friend, that's distribution of copyrighted material. It is illegal. It's "piracy." This is who they are after, and good for them.

    I hope this clears things up.

    1. Re:You keep saying that word... by greed · · Score: 2, Informative
      You paid a levy in exchange for the LEGAL RIGHT to make personal copies of music, even if you don't own the source material.

      That's not what the Copyright Act says. It says that you can copy audio recordings for personal use. (And the way legal judgements tend to go in Canada, I would expect the courts to consider modern DVDs "similar enough" to audio recordings to be considered equivelent under the private copying provisions of the Copyright Act.)

      It does NOT say you have to pay a levy to obtain this right.

      The statute has it written the other way up. Because this right has been granted, we will assess levies to remunerate eligible performers and makers.

      (I'm tired of linking to www.justice.gc.ca.)

    2. Re:You keep saying that word... by totoanihilation · · Score: 1

      My problem does not really come from p2p. I couldn't give two diddly squats about the latest Britney Spears or Eminem album. The problem comes from the following:

      I have to pay a levy to copy my own CDs onto my iPod? Which is what's happening as it is, since all the music I have on my iPod was ripped from my collection. What about those blank CD's and DVDs that I do my data backups on?

      I guess I'll just have to start borrowing CDs from friends and ripping them to get my money's worth.

  47. Updated - sharing is legal too. by adonoman · · Score: 3, Informative

    Actively uploading files is still illegal, but the act of leaving a music file in a publicly shared directory is allowed, as long as no positive action is made by the person sharing the file. http://news.com.com/2100-1027_3-5182641.html

    1. Re:Updated - sharing is legal too. by Stonehand · · Score: 1

      Very strange.


      "Before it constitutes distribution, there must be a positive act by the owner of the shared directory, such as sending out the copies or advertising that they are available for copying."


      Isn't this a fundamental part of file distribution? Even in a decentralized model where nobody tracks who's offering what ("advertising that they are available for copying") the server, before sending a file, presumably must have positively and actively responded to a request for the file ("I have what you're looking to copy"). Wouldn't this constitute a positive act? Unless the downloader is actively exploiting unintended behavior of the servers and searching each one individually without their participation, e.g. through security violations, it's rather different from merely walking by and seeing that a book is near a copying machine. The P2P server's sharing is used with the intent to let people download that particular content, not just to provide random functionality which the end user might consider to include duplication; a library's primary service is not providing books for duplication and therefore is a very different case.

      Futhermore, given the likelihood that the majority of P2P users are /not/ Canadian (well, except on private networks?) is there a really a reasonable presumption that the downloader -is- Canadian and therefore allowed to download?

      The Court had its reasons, but I find the rationale rather odd.

      --
      Only the dead have seen the end of war.
  48. Article 12: personal information by toonworld · · Score: 3, Informative

    Taken from:

    http://www.videotron.com/services/en/service_cli en tele/8_3_1.jsp

    --
    12.4 Protection of personal information - The personal information supplied by the customer to Vidéotron shall be treated in accordance with Vidéotron's policy on the protection of personal information, which is available upon request at Vidéotron's customer service by telephone or at: serviceclient@videotron.ca
    --

    I encourage the users to contact the company and ask fom the exact policy. Why is this not on their website? Why do you have to ASK for it?

    They're trying to hide. Can we say "class-action lawsuit" ?

    --
    It's not the destination that matters, but rather the journey.
    1. Re:Article 12: personal information by Anonymous Coward · · Score: 0

      Don't our privacy laws state that the company has to make known what they will do with customer's information before collecting it?

  49. Car by Anonymous Coward · · Score: 0

    Hah, there is a car in the parking lot here at work with a custom license that says videotrn or something. I was wondering what it meant!

  50. PIPEDA rules regarding disclosure. by nologin · · Score: 1
    Unfortunately, PIPEDA does permit this sort of disclosure. This is quoted from the exact bill here with the relevant section quoted below...

    7.(3) For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may disclose personal information without the knowledge or consent of the individual only if the disclosure is...

    ...(c) required to comply with a subpoena or warrant issued or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with rules of court relating to the production of records;

    So, if Videotron complies to submit the information by subpoena, PIPEDA doesn't protect you.

    Also, if you end up getting sued, PIPEDA won't protect you from the debt collectors either because clause b of that same section states...

    ...(b) for the purpose of collecting a debt owed by the individual to the organization;

    PIPEDA is not a law that allows you to hide from the enforcement or administration of any other law.

    Essentially, Videotron won't fight the subpoena request because they are owned by Quebecor, a media company that is a CRIA member...

  51. Shaw fights hardest for user privacy by Dav3K · · Score: 4, Informative

    I did vote with my feet - and became a Shaw subscriber. You see, Shaw is the one ISP in Canada that is fighting the hardest against the requests being made by the CRIA. Of the five big players in the ISP market, Videotron sides closest with the CRIA, and Shaw is the farthest. The others (Telus, Bell) are playing a wait-and-see game.

    1. Re:Shaw fights hardest for user privacy by Citizen+of+Earth · · Score: 1, Troll

      I did vote with my feet - and became a Shaw subscriber. You see, Shaw is the one ISP in Canada that is fighting the hardest against the requests being made by the CRIA.

      Or, you could hedge your bets by not distributing other people's music.

    2. Re:Shaw fights hardest for user privacy by quantum+bit · · Score: 1

      Or, you could hedge your bets by not distributing other people's music.

      I think it's more about the principle of it. Even if you're not pirating music, the CRIA/RIAA/whoever could make a bogus complaint against your IP address, be it intentional or due to incompetence (wrong timestamp and you're on DHCP). It's nice to know which ISPs will demand proof before handing over your personal information and which ones will not even bother checking. Says a lot about how they think of their customers.

    3. Re:Shaw fights hardest for user privacy by InvalidError · · Score: 3, Informative

      One major problem with Videotron: it is owned by Quebecor, one of the biggest media company in Canada.

      (As if being a cable TV provider and video club chain were not already sufficient motivation for wanting to keep online media "locked up".)

      It sort of sucks and I would cancel my Videotron service if any comparable service was available... but right now, the next best thing is 75% slower and nearly as expensive.

    4. Re:Shaw fights hardest for user privacy by aldousd666 · · Score: 2, Insightful

      Honestly, flaimbait as this must be, I think people who get caught illegally swapping deserve it... you people are talking about the invasion of your privacy... as if you have the right to illegally distribute music. If you get away with it, then good for you. No real harm done. If you get caught, don't bitch, it is illegal. Just like smokin marijuanna.. It's so good to get away with, but you expect to get in trouble if you're caught. *shrug*

      --
      Speak for yourself.
    5. Re:Shaw fights hardest for user privacy by Anonymous Coward · · Score: 0

      It's obvious you don't live in Canada. I don't expect to get in trouble for smoking marijuanna, maybe they'll take my weed away and give me a fine or something, and I don't expect to get in trouble for file sharing, because the law itself is so unclear.

    6. Re:Shaw fights hardest for user privacy by d34thm0nk3y · · Score: 1

      Or, you could hedge your bets by not distributing other people's music.

      Why?? In Canada he has already paid for this right via the media levy.

    7. Re:Shaw fights hardest for user privacy by aldousd666 · · Score: 1

      you mean they don't have copyrights in canada? (ok so marijuanna was a bad example.)

      --
      Speak for yourself.
    8. Re:Shaw fights hardest for user privacy by Anonymous Coward · · Score: 1, Insightful

      The position of the CRIA is tenuous at least due to the media levy. They have either already been paid, or are attempting to eliminate the levy-they can not have both, and the levy is rather supported. Canada, despite the minor cultural similarities in some areas, is not the US and is not governed by its laws. Providing support for the CRIA is not valid as they have been paid already for the music distributed. This case likely is only fodder for the media so that they can claim it necessary to increase the levy to cover the long-term effects of the heroically large distributors.

    9. Re:Shaw fights hardest for user privacy by kwandar · · Score: 1

      You are flamebait and should be modded down. The Federal Court has already stated that merely downloading and making music files available on one's hard drive does not infringe copyright under current Canadian law.

      They are not illegally swapping music.

      What the CRIA wants is nothing more than a SLAP suit against individuals who won't have the resources to fight, while generating maximum publicity.

      CRIA can think about this if they want - I'll be donating to the first defense fund announced, and I'll be waiting another 2 years before I ever buy music from a label listed on RIAA Radar.

    10. Re:Shaw fights hardest for user privacy by aclarke · · Score: 1

      Others have alluded to the fact that this is legal in Canada (so far), but since maybe you have trouble understanding that there are differences between the US and Canada, check out http://news.com.com/2100-1027_3-5182641.html. I think it explains the issue quite well.

    11. Re:Shaw fights hardest for user privacy by SoSueMe · · Score: 1

      This does explain the issue quite well.
      This, however, will not be the case for long.
      If the lobbyists and legislators have their way, our Canadian copyright laws will soon be more in line with those of our American cousins (Oh, goody!).

      The proposals are already drafted.

      You can find out what is being proposed as amendments.
      to the Copyright Act.
      This is just 51 weeks after the date of the referenced C-net article. For Gov't, that's pretty damned quick.

  52. can't touch kids under 12 by jbr439 · · Score: 1

    Under Canadian law a child under 12 years old is considered too young to be able to discern right from wrong (hey, I didn't write the law) and is thus not liable for any crimes committed. An under 12 kid could literally murder someone and would only be sent home in the custody of his parents. Additionally, there would be a publication ban on his name.

    It should be quite interesting to see what happens in any court cases when it turns out that for some strange reason, it's always the under 12 year old in the household that's responsible for the file sharing.

    1. Re:can't touch kids under 12 by atomic_toaster · · Score: 1

      And what if you've got an unsecured wireless connection in your house or wherever you have internet service? Alright, it's an extremely stupid thing to do, but if you go war driving you'll find out how many places that you can steal internet service from, let alone all the places that provide free wi-fi. Technically the person paying for the account could get sued for whatever use of the internet connection was deemed illegal, but how do you prove that the person whose name on the bill is the one who performed the illegal action? What if it was someone who was pirating your internet connection, or someone who was using a shared wi-fi spot like at Starbucks?

  53. CRIA me a freakin' river by TOTAL+CARP · · Score: 2, Insightful
    From da blurb:
    According to a lawyer for Videotron, producing the identities of Internet users alleged of wrongdoing happens so regularly that they believe that it is justifiable to hand over the names of people who share large volumes of songs on-line.

    What kind of justification is that? "ISPs get strongarmed into sacrificing customer anonymity all the time, so it's right whenever it happens-" remember way back when people were actually afraid of what people could get away with using the anonymity the internet provides? It'd be one thing if all it took was a lawsuit to get ISPs to release customer data- nowadays it merely takes the implied threat of a suit. I understand that ISPs do not want to be held accountable for the illegal activities of their subscribers, but I think there is a middle ground somewhere between omerta and apparently being the result of a merger between a utility company and the Stasi.

    And however you may feel about the issues of illegal music downloading and intellectual property and whatnot, I think you can agree that industry associations have acquired far too much authority- how on earth did we let the RIAA, CRIA, etc. transform from professional organizations into law enforcement? As befits my name, I pronounce that TOTAL CARP.

    --
    First they don't want us to buy/sell EQ merch over ebay. Now they want the exclusive contract. TOTAL CARP. -mfh
  54. This is a huge violation of privacy by d_jedi · · Score: 1

    It is LEGAL to download music off the Internet
    It is LEGAL to place music files in a shared folder (a la. Kazaa, and most other file swapping programs).

    Programs that require you to upload while downloading (like BT, eDonkey) are not necessarily legal, however.

    Why is Videotron turning over private information about what I legally do with my internet connection? I smell a lawsuit coming against Videotron..

    (from the article)
    "Piracy of music, piracy of TV, piracy of film -- it's all the same. It's piracy of intellectual property and cultural products," Mr. Sasseville said Thursday from his office in Montreal. "Nobody gets paid. Not only the big companies but also the creators. It's really important that we protect our culture."
    NO IT'S NOT. The difference is we Canadians PAY the CRIA for EVERY SINGLE BLANK DISK WE BUY, WHETHER IT IS TO BE USED FOR MUSIC OR NOT. That's why we have the right to share music. The recording industry wants to have it both ways. I say, they can have the levy, or they can have music downloading illegal.. pick one. I don't particularily care which.

    --
    I am the maverick of Slashdot
    1. Re:This is a huge violation of privacy by shark72 · · Score: 1

      "NO IT'S NOT. The difference is we Canadians PAY the CRIA for EVERY SINGLE BLANK DISK WE BUY, WHETHER IT IS TO BE USED FOR MUSIC OR NOT."

      The money goes to the CPCC, a non-profit agency. Most of the money is redistributed to songwriters and recording artists. Some goes to record labels. None goes directly to the CRIA.

      "That's why we have the right to share music."

      Not correct. Canadian law currently says that you can download copyrighted music in some cases, and there is a levy paid to the CPCC on recordable media. These are independent facts. You do not have a socialized music industry. Your health care system works somewhat like this (you can get free health care because you pay taxes) but there's no similar corelation in the music industry.

      You're not the first Canadian to come to this incorrect conclusion, however.

      --
      Sitting in my day care, the art is decopainted.
    2. Re:This is a huge violation of privacy by iamnotanumber6 · · Score: 1

      Not correct. The law doesn't say anything about downloading.

      It says that we have the right to copy music for private use. The source of that music is irrelevant.

      It says that musicians are to be paid for their work in respect of this legal private copying, through the levy.

      So, we get free music copying because we pay the levy. Or, we pay the levy because we get free music copying. I mean, you can just as well say we pay taxes *because* we get free health care. Either way it's not "free", it's paid for in one way or another.

      It's true though that we don't have a "socialized" music industry; health care is paid for by income tax, a progressive socialist system, whereas the music is paid for by user fees, a non-socialist system.

    3. Re:This is a huge violation of privacy by shark72 · · Score: 1

      "So, we get free music copying because we pay the levy. Or, we pay the levy because we get free music copying."

      Citation, please. Please connect the dots for me on where the law states that copying for private use is allowed as a result of the levy.

      The money paid into the collective goes only to Canadian songwriters and performers. Does the law also stipulate that you may only copy the works of Canadian artists for private use?

      --
      Sitting in my day care, the art is decopainted.
    4. Re:This is a huge violation of privacy by iamnotanumber6 · · Score: 1
      Citation, please. Please connect the dots for me on where the law states that copying for private use is allowed as a result of the levy.

      the musician gets money from the levy in respect of legal private copying. that's what i said. that's what the law says.

      you seem to be hung up on cause and effect. do i take CD from a record store as a result of paying for it? or do i pay for it as a result of taking possession of it? that was my point. it's a transaction. i get music. musician gets money. which one is a result of the other is just a chicken-and-egg argument.

      The money paid into the collective goes only to Canadian songwriters and performers.

      citation please.

    5. Re:This is a huge violation of privacy by d_jedi · · Score: 1

      The money goes to the CPCC, a non-profit agency. Most of the money is redistributed to songwriters and recording artists. Some goes to record labels. None goes directly to the CRIA.
      Sorry, I was generalizing. Should have said the people the CRIA represents.

      Not correct. Canadian law currently says that you can download copyrighted music in some cases, and there is a levy paid to the CPCC on recordable media. These are independent facts. You do not have a socialized music industry. Your health care system works somewhat like this (you can get free health care because you pay taxes) but there's no similar corelation in the music industry.

      You're not the first Canadian to come to this incorrect conclusion, however.

      They are not independant facts. That same CPCC you know of released an opinion a year or so ago saying that downloading ought to be legal, because it is private copying and thus covered by the levy. The courts later agreed, and added that placing music in a shared folder is essentially like placing a photocopier in a library, and hence is legal as well.

      IANAL, but I know my facts :->

      --
      I am the maverick of Slashdot
  55. Re:Go ahead Videotron, and we'll class-action sue by Anonymous Coward · · Score: 0

    Seriously, what the hell?.. I subscribe to their 'Extreme High Speed' package which has no cap and has 6.5mbps down and .9mbps up, and they just recently announced a rate hike by $5/mo (bringing it to $65/mo or $75 depending on your setup - I think I'm paying enough). What did they think people would do with a fat pipe? It's almost entrapment. "Sure here's a fat pipe to download with, oh and yeah here's a lawsuit because you used did". Glad I don't d/l RIAA music (mostly because it all sucks), but I'm sure I'm one of the top 50 downloaders from videotron

  56. Link to a story covering the first decision. by Anonymous Coward · · Score: 0

    The courts have ruled that uploading in Canada is legal as the copyright law clearly states that as long as the other person is doing the initiation of the copy from the song owner, it's fine. Which is exactly what happens in a P2P scenario. http://www.theregister.co.uk/2004/03/31/file_share rs_not_guilty/

  57. So long as they name them in an obscure dialect by WillAffleckUW · · Score: 1

    of Inuit, one of Canada's official languages, RIAA will never figure that one out.

    I wonder what a long list of John Smith, John Q. Public, I.M. Haxx0r, R.U. Krazy, looks like anyway?

    --
    -- Tigger warning: This post may contain tiggers! --
    1. Re:So long as they name them in an obscure dialect by Anonymous Coward · · Score: 0
      of Inuit, one of Canada's official languages

      FYI, the language is named Inuktitut. "Inuit" is the name of a people for themselves.

    2. Re:So long as they name them in an obscure dialect by Anonymous Coward · · Score: 0

      Inuit (or Inuktitut, if one wishes to be technical) is not an official language of Canada. Only English and French are.

      Reference the Official Languages Act.

  58. Re:love canada by udowish · · Score: 0, Flamebait

    yeah and the US is the moral light of the world, give me a break...

    --
    when in doubt press enter and we'll figure it out later..
  59. Old story by Exp315 · · Score: 5, Informative

    Why report this as a new story? It's an old story - Videotron took this position 2 years ago when the case was filed. It was decided against the CRIA last year. The CRIA have recently appealed, but they appear to have few grounds, given the judgement that they had no case on multiple grounds.

  60. sure, it makes plenty of sense by lysergic.acid · · Score: 0

    instead of uniting their efforts to go after spammers and companies that employ spyware/malware--the people who cause the most traffic congestion and over-stress dns serves, they go after paying customers who are using their services without harming the overall integrity of their networks OR being a menace to other users. yes, it makes plenty of sense.

    gee, what's that that putrid stench?
    --oh, it's just the putrescence of greed-driven capitalism spreading its rot through the flesh of our society.

  61. ISP logging required? by Anonymous Coward · · Score: 0

    Why aren't there any ISPs who just choose not to log IPs with usernames? Is this a legal requirement? I'm thinking especially in the case of broadband access. I'm not sure how my cable internet provider ties the mac address of my cable modem to me anyway.

    1. Re:ISP logging required? by bruns · · Score: 2, Informative

      Its very simple - when they sent out your cable modem to you, they registered the mac address on it with your account. Any time you get a new modem that can't clone the old mac address, you have to register the address with them.

      That is how they do access control - if you dont have a registered and authorized mac address, you can't gain access to the network to get an IP address.

      Take a look at the box your cable modem came in - it probably has the mac address on it, or failing that, on the modem itself.

      --
      Brielle
  62. FREENET! by xiando · · Score: 3, Interesting

    This is why I constantly encourage users to make the switch to freenet NOW. Freenet is still very slow and immature, but at least it allows you to use it anonymously. Your ISP can not name you if it is impossible to find out who you are...

  63. No, the artists get nothing. by Anonymous Coward · · Score: 0

    All of these levies collected have thus far NOT been distributed to any artists. The funds have been held and continue to be held indefinitely...

    1. Re:No, the artists get nothing. by peeledback · · Score: 1

      who is earning the interest on that money then? the stores or the CRIA?

    2. Re:No, the artists get nothing. by millette · · Score: 1
      The allocation of the collected funds among songwriters, performers, and the labels varies from year to year. For 2004, the Copyright Board determined that 66 per cent of the funds would be distributed to songwriters through their collectives (SOCAN, CMRRA, and SODRAC), 18.9 per cent would be distributed to performers through their collectives (NRCC and SOGEDAM), and 15.1 per cent would be distributed to the labels through the NRCC collective. It is important to note that the funds earmarked for songwriters are distributed worldwide, while the performer and label compensation are available only to Canadians.
      from Time music industry focused on product also see the graphics and tables at the Canadian Private Copying Collective for more info.
  64. Bewildered? by UnknowingFool · · Score: 1

    Videotron has no problem turning over the data. They claim they turn over data all the time in matters concerning wrongdoing. The issue here is who receives the data and how is the request submitted. In the case of government agencies asking for information with the proper subpoenas, most people would not find much problem with that. In the case of companies asking for data without a subpoena, many people have problems with that especially given the industries non-discriminating and possibly inexact way of identifying alleged infringers. The article does not give the details of how the request is submitted and who asked for the data.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
    1. Re:Bewildered? by iamnotanumber6 · · Score: 1

      They turn over data all the time when given a court order to do so. CRIA has to petition the court for an order. They can't go directly to the ISP. It is illegal for the ISP to give out data without a court order, even if they want to.

      Videotron is just saying they won't object to a court order being given. They are down-playing the privacy issues, and saying they think it is perfectly justifiable, even with little real evidence. That's because their parent company owns a lot of the music industry.

  65. Everyone Please Complain, Here's how: by subtillus · · Score: 1

    http://www.videotron.com/services/en/service_clien tele/8_7.jsp

    Go there, send letters to videotron, they also have a javascript based online customer support option. I would highly appreciate it if the masses would rise up and say something for once instead of letting their rights be trampled by yet another big company.

    1. Re:Everyone Please Complain, Here's how: by Anonymous Coward · · Score: 0

      page is gone...

    2. Re:Everyone Please Complain, Here's how: by subtillus · · Score: 1

      http://www.videotron.com/services/en/service_clien tele/8_7.jsp I don't know how that space got in there...

    3. Re:Everyone Please Complain, Here's how: by subtillus · · Score: 1
  66. Saw this one coming. by mr.+methane · · Score: 1

    File "traders" are a major expense for ISP's. They represent only about 2-4% of the customer base, yet they consume 60% of external bandwidth. They demand levels of service that really are more appropriate for commercial customers paying hundreds of dollars a month, and force network upgrades which cost millions of dollars and a lot of labor.

    It's purely a financial decision - it is worth more to get rid of these customers than to keep them. When a competing telco or cable co is undercutting your prices by $5 a month and eating into your customer base, you need to reduce costs to compete.

  67. The Law in Canada by Anonymous Coward · · Score: 0

    IANAL, but I have done a significant amount of research about the laws on digital downloading in Canada for a paper I wrote. To make a long story short, in Canada downloading copyrighted material is legal, uploading it is not, though the laws against uploading have not really been tested in the courts.

    At the same time, I am also a Videotron subcriber. I can tell you that even though I don't upload copyrighted materials to file sharing services, I think it is firmly wrong that Videotron is breaking our privacy ageements. In making their decision, they just lost a customer.

  68. Cool by Anonymous Coward · · Score: 0

    I'm glad I chose Bell (even if cable is faster...) Although, I think Canadian legislation would protect any canadian filesharer...

  69. Mod Parent Up by Anonymous Coward · · Score: 0

    Mod parent up, grand-parent down. It's amazing how such a group who describe themselves as well-informed (slashdotters) get this wrong so often. The levy doesn't make any fucking thing legal, LAWS make things legal. Sheesh!

  70. Fight back by itistoday · · Score: 4, Interesting

    Though admittedly this is a shameless plug (please forgive), I've created a website for just this purpose. BlackListedISP.com is where you can go to see which ISPs are compromising your privacy without a fight. Currently you can just submit ISPs, but soon I'll have a page up with a full list.

  71. Re: Note to ISPs by Anonymous Coward · · Score: 0

    Specifically, Telus, Bell, and Shaw:

    If I am ever directly impacted by your decision to share my identity, I will never subscribe to any of your services ever again come hell or high water.

    You will lose me as a telephone customer, a cell customer, a cable TV customer, and an Internet customer.

    It will cost you tens of thousands of dollars over the span of my lifetime.

    I will also encourage, and sometimes insist, that my friends and family do the same.

    It may cost you hundreds of thousands of dollars in the long run.

    So think twice before you screw me over, because I will have retribution.

  72. Re:Good Ol' Quebec by Anonymous Coward · · Score: 0

    aye see here sad

  73. Avril is poisoning by Anonymous Coward · · Score: 0

    are you talking about free music being poisoned by non-free music or the fact that hearing her is poisoning your clients ears?

  74. ISP can be sued by customers by Anonymous Coward · · Score: 0

    At least in the US and Canada customers can sued their ISPs for giving out any identifying or personal information. Who wants to get stalked and murdered by some creep because the ISP gave out identifying information?

    Shaw Communications, Rogers Cable Communications, Bell Canada, Telus Communications and Videotron can prepare for some major law suits if they give out any information of their customers. Period.

  75. Re:Go ahead Videotron, and we'll class-action sue by Anonymous Coward · · Score: 0

    If they're breaching PIPEDA, they're breaking the law and not just terms of a contract. So there's no need for a class-action suit, call the RCMP and they'll take it from there.

  76. Two sets of laws in Canada. by Mashiki · · Score: 1

    Quebec. And everyone else.

    That's it, Quebec gets preferential treatment to ensure that it will remain in confederation, this also applies to corperations who operate within the province. With the on-going corruption scandel hitting the Liberals, this is just the tip of the ice burg.

    --
    Om, nomnomnom...
    1. Re:Two sets of laws in Canada. by Pig+Hogger · · Score: 1
      Quebec. And everyone else.
      We've got civil law, wich is far more evolved than the customary law used by the english.

      With civil law, you know exactly where you stand in any given situation, where with the english law, the outcome is subject to who has the better (more expensive) lawyer.

    2. Re:Two sets of laws in Canada. by Mashiki · · Score: 1

      Until Liberal apointee judges decide that they'd rather modify the codex of the law then interpret them.

      --
      Om, nomnomnom...
  77. It wasn't me, it must of have been a wardriver! by Luthair · · Score: 1

    You'd think this could save people from the CRIA/RIAA.

    Defendant: It wasn't me your honour, maybe my PC was hijacked and I also use a wireless network

    Remember to write your MPs

  78. Re: Note to ISPs by Sj0 · · Score: 1

    Yes, I'm sure the CEOs of those three companies are sitting around surfing slashdot, and they're definitely quaking in their boots.

    --
    It's been a long time.
  79. PIPEDA by subl33t · · Score: 1

    I believe Videotron has stepped in it this time.

    PIPEDA (Personal Information Protection and Electronic Documents Act) clearly states that personal information can't be disclosed without a court order. There is little to no grey area here.

    Videotron can say goodbye to a large chunk of their customers.

  80. Down with Quebecor by Anonymous Coward · · Score: 0

    This is important information that needs to be distributed. Please link to my page about it.

  81. Videotron is the CIRA by Run4yourlives · · Score: 1

    Videotron is own by Quebecor, who own most of the labels (or distribution rights) in Quebec.

    No surprise they take that stance.

  82. You just don't get it by Anonymous Coward · · Score: 1, Informative

    "I think people who get caught illegally swapping deserve it... you people are talking about the invasion of your privacy... as if you have the right to illegally distribute music."

    You just don't get it. Real musicians don't care about file swapping; if anything, they encourage it.

    Only industry made jerk offs who shouldn't call themselves "musicians", who *aren't* able to make a living as a real musician (i.e. performing live) give a damn about this garbage.

    Honestly, if you can't do anything more than tow the RIAA's party line why don't you be quiet?

    After all, my livelyhood is on the line, NOT YOURS.

    Sincerely,

    A working Canadian Musician.

    1. Re:You just don't get it by aldousd666 · · Score: 1

      well I stand corrected. I was until recently a working american musician. I guess things are differnt. We weren't involved with the RIAA, but we sold our discs off the back of our truck. We sold 3000 copies and then, when we printed more, we couldnt sell anymore because everyone who came see us either had burned it or bought it... That sucked, but obviously it was good that people liked our music... we just couldn't afford to make any more.

      --
      Speak for yourself.
  83. media tariff by sum.zero · · Score: 1

    canadians pay a substantial tariff on all media that goes directly to cria to compensate for public filesharing.

    they are attempting to have their cake and eat it too.

    sum.zero

  84. This is OLD news! by Lanhdanan · · Score: 1

    Videotron was one of the first ISP's (And the only one out of Canada) to fold under the weight of the CRIA. They did that last year when the CRIA asked, so this is only current news because of the latest appeal the CRIA put into Canadian courts this week.

    h**p://www.ctv.ca/servlet/ArticleNews/story/CTVN ew s/1114005667906_9

    You should wonder what Videotron has done in the past year to undermine your privacy rather than be annoyed about it now.

  85. Uploading by phorm · · Score: 1

    With downloads being legal in Canada, here's my take on the whole uploading thing:

    -User has a file available for uploading. As no upload has occurred no infringement has occurred

    -Music company (which owns rights to said material) downloads music from an uploader. As they own the rights to the material, uploading machine has not transferred data to anyone who wasn't legally entitled. Likely ditto for anyone they hire to sniff uploaders, they are then RIAA/etc employees


    So the law is actually broken when you upload the file to someone else who doesn't have legal rights. The RIAA does have legal rights. Now you might argue that the shills who download for them don't, but that's a fairly fine line... as in some ways they have hired somebody to entrap you into an "illegal" act. Hell, if downloading is illegal in the US, and they have hired somebody else to download from you that is not in Canada.. then they've either sanctioned an illega act or they've legitimized it because they have ownership.

    As for the files they don't own, well they can't sue you for somebody else's copyrighted work...

  86. Just to elaborate by phorm · · Score: 1

    They cannot go after you for having a file "available" online, as they cannot with strong assurance say that the file you are 'sharing' is in fact a copyrighted work and not just something of similar name or attributes...

    Going with my previous post, this then assumes they have downloaded the file and verified its legitimacy (or illegitimacy, as it were)

  87. No they are not. by iamnotanumber6 · · Score: 1

    Videotron have not, and will not, give out the information until they get a court order. All they are saying is that they won't oppose the granting of such an order, and will be "delighted" to comply with it - unlike Shaw, Bell, and the rest, who are fighting it in court.

  88. Legal options don't always work by failedlogic · · Score: 1

    I've purchased over 250 CDs. I admit I've downloaded a few song here and there. If I haven't purchased the album afterwards its only because: 1) it was the only good song 2) the whole CD is too expensive (older ones are sometimes $25) or impossible to find; 3) they weren't listed on iTunes last I looked; 4) I listen to the song so rarely, I'd never buy it anyways. As well, with increasing copy protection on CDs that I've purchased I often find I have to download the album so that I can transfer it to my MP3 player.

    But so long as the Martin and Chretien liberals and all their little servants can rip us -the taxpayer- of millions of dollars and most (or all) will never face a jail sentence or have to pay back what they stole then I don't give a damn about the music idustry. There should be one law for everyone.

  89. No information is being given out by iamnotanumber6 · · Score: 1

    You can't say "class-action lawsuit", because Videotron hasn't released any info. The title of the article is misleading. Videotron is only saying they will be "delighted" to give out the info *if a court order is granted*.

  90. this is all wrong by iamnotanumber6 · · Score: 1

    It doesn't just take an implied threat of a lawsuit, it takes a *court order*. Videotron is not giving out any information - it would be illegal for them to do so - without a court order. CRIA applied for a court order last year, and lost. They're appealing the decision.

    Videotron is just saying they would be "delighted" to receive such an order, that it would be "justifiable". Since their parent company owns a lot of the music industry, they're spinning it like "of course we should give out the names of these immoral pirates! and nevermind about privacy, it's not a big deal". They are basically in bed with CRIA, but still legally can't turn over the info without a court order.

  91. Not true. by iamnotanumber6 · · Score: 1

    Videotron did not "fold under the weight of the CRIA". First, they are totally in bed with CRIA, because their parent company owns a lot of the music industry.

    Second, in the news story you cite, they "agreed to comply" with a court order *if one was given*. Which it wasn't. And so they never gave out any information. All they really said was they supported the granting of such a court order, unlike Shaw, Bell, and the rest. The court refused to grant the order. CRIA appealed.

    The "news" is that the appeal was just heard the other day, and now the judges will think about it some more. Not very interesting news.

    1. Re:Not true. by Lanhdanan · · Score: 1

      when the CRIA first decided to get information from ISP's, they didnt do it through court initially. They first gave requests to each of the major Canadian ISP's. When every ISP save Videotron refused, then it was brought into court.

      I never said that any information was given out, but that Videotron was the only ISP that was complying with what the CRIA has requested. I was making it somewhat dramatic by claiming they "folded under the weight of the CRIA", but the essential fact remains, they were willing to comply with any information request that the CRIA wanted, while every other ISP was not.

      If you want to look into some type of conspiracy because of parent ownership, then there might be a link there as to why. I was merely stating that Videotron giving up personal client info voluntarily is old news. And it is still old news as it took place prior to last years initial lawsuit.

      And i think this is interesting news as far as what happened yesteday. Sure, it isnt some landmark decision, or some court event drama, but it still a step in the process to see what the Canadian courts think about the CRIA's ISP request. I follow things like this closely as i dont want to have anything occur under my tiny news radar. But i guess news worthyness is in the eye of the reader or writer at times.

    2. Re:Not true. by iamnotanumber6 · · Score: 1

      how can you say that videotron "did not refuse" the initial request, that they were "complying with what the CRIA has requested", and that "Videotron giving up personal client info voluntarily is old news" - but then agree that no information was ever given out?

      either they complied and released the information, or they refused and did not.

      they may make a show of being "willing to comply", to scare people, to generate FUD like this article, to make people think they will be easily caught for p2p use, because they are allied with the CRIA. but that is just posturing, they knew very well it would be illegal and never had any intention of *actually* complying.

      people should know that ISPs can't and don't just voluntarily give out information without a court order. reports to the contrary are misinformation.

    3. Re:Not true. by Lanhdanan · · Score: 1
      how can you say that videotron "did not refuse" the initial request, that they were "complying with what the CRIA has requested", and that "Videotron giving up personal client info voluntarily is old news" - but then agree that no information was ever given out?


      Cause Videotron didnt refuse (which isnt the same as giving up info), they did say they were going to comply (again, doesnt mean they actually gave up anything, just that they were willing, unlike the rest of the ISPs) and that last statement is, as i said from the beginning, 'old news'.

      Speculation on what Videotron did it for, and who they did it for and why they did it is just that, speculation. The only real thing I know about this situation (with regards to Videotron) is that they agreed to co-operate to what the CRIA requested. Which is the very next step to giving up info, but not actually giving up any. Was any info given out? Unlikely due to the court process that was going on, the CRIA would not have wanted to invite any lawsuits from people who's info was given up counter to the court's decision. But, we may never know either way if any was volunteered.

      But, as the point was with my original statement, and i will break it down to avoid any miscommunication (which is something i must have done with my initial statement, otherwise i wouldnt be still trying to convey it). This all happened one year ago. To myself, that makes this 'old news'. Getting irate now about what Videotron did or would have done seems somewhat after-the-fact to me. Though, i admit, if i was one of their customers, i think i would be irate no matter when i learned about this situation.

      people should know that ISPs can't and don't just voluntarily give out information without a court order. reports to the contrary are misinformation.


      If you speaking from the Canadian perspective, i think your right. If your speaking from the US perspective, then it isnt so correct. Unless i missed something about the US situation, information was given over quite readily, save a few ISP's here and there. One major ISP went to court over it if i remember correctly, but i dont know what the outcome of that effort was.

      Sorry for the late-ness of this reply, went through some comp issues, had to do 'brain surgery' on it. BTW, I didnt know what the acronym FUD meant, but i had assumed it was something with a negative connotation.
  92. Dear America: by Heretik · · Score: 1

    You've done a lovely job destroying your own country.

    Please stop trying to destroy mine.

    Thank you.