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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."

45 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 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.

  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: 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.
    5. 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.
  3. Where now? by M0riarty · · Score: 3, Funny

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

  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 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!
    3. 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.

  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 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?"
  6. 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."

  7. 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]
  8. 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?

  9. 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.

  10. 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 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
  11. 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"
  12. 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.

  13. 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.
  14. 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

  15. 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.

  16. 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$.

  17. 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?

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

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

  19. 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.

  20. 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.
  21. 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]
  22. 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

  23. 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
  24. 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.

  25. 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.
  26. 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

  27. 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.
  28. 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 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.

  29. 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.

  30. 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...

  31. 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.