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."

Comments

Re:Wait a minute...

[Ubergrendle]

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.

Sure Videotron will do this

[SILIZIUMM]

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$.

Re:Under canadian law they're shielded

[Secret Agent 99]

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.

Old story

[Exp315]

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.