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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."

21 of 329 comments (clear)

  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 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.

  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 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.

  3. 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 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!
  4. 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."

  5. 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).

  6. 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.

  7. 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?

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    string sig = llGetSig("dimentox"); llSay(0,sig);
    1. 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
  8. 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.

  9. 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?

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    The global economy is a great thing until you feel it locally.
  10. 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.

  11. 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 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.

  12. 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.

  13. 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.

  14. 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.

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    First they don't want us to buy/sell EQ merch over ebay. Now they want the exclusive contract. TOTAL CARP. -mfh
  15. 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*

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    Speak for yourself.
  16. 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.