Canadian Federal Court: Canada's RIAA can't force Internet service providers to identify online music sharers.

yllus

Elite Member & Lifer
Aug 20, 2000
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Music industry loses in downloading case

Canada's music industry can't force Internet service providers to identify online music sharers, a Federal Court judge has ruled.

CTV's David Akin told Newsnet that the music companies -- through the Canadian Recording Industry Association -- had identified 29 people who had traded music online using services like Kazaa, but only by their online nicknames.

They wanted the Internet service companies like Sympatico, Rogers and Shaw to give them the real identities of the individuals so they could sue them for copyright infringement. They were seeking a court order requiring the companies to provide the information.

But they didn't get it, so the Internet companies don't have to identify their clients and the music companies can't proceed with their lawsuits.

The judge ruled the music companies had not provided enough evidence that any copyright infringement had occurred or that the companies could identify the individuals.

"No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings. They merely placed personal copies onto shared directories on their computers which were accessible by other computer users via an online download service," the judge wrote.

As a result, using an online download service for personal use does not amount to copyright infringement in Canada, Akin said.
 

StageLeft

No Lifer
Sep 29, 2000
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"No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings. They merely placed personal copies onto shared directories on their computers which were accessible by other computer users via an online download service," the judge wrote.
What a funny thing to say. That's like saying "He didn't commit armed robbery. He merely held his own gun in a direction that happened to coincide with the store owner, while robbing them."
 

Bootprint

Diamond Member
Jan 11, 2002
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Originally posted by: Skoorb
"No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings. They merely placed personal copies onto shared directories on their computers which were accessible by other computer users via an online download service," the judge wrote.
What a funny thing to say. That's like saying "He didn't commit armed robbery. He merely held his own gun in a direction that happened to coincide with the store owner, while robbing them."

But they can't say who placed the files in that directory, was it person that pays and is known to the ISP? was it a relative of that person?
 

yllus

Elite Member & Lifer
Aug 20, 2000
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Originally posted by: Skoorb
"No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings. They merely placed personal copies onto shared directories on their computers which were accessible by other computer users via an online download service," the judge wrote.
What a funny thing to say. That's like saying "He didn't commit armed robbery. He merely held his own gun in a direction that happened to coincide with the store owner, while robbing them."
hehe. :)

It sort of sucks for our the CRIAA because proving that uploaders are sharing illegal content is impossible, and - let's be honest - sharing stuff you might legitimately own out to strangers is illegal distribution. Yak all you want about, "Oh but they wouldn't buy that music anyways, what's the harm?" - but you don't KNOW they wouldn't buy music if they couldn't download it.

As it stands now though I'm quite happy. :)
 

StageLeft

No Lifer
Sep 29, 2000
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But they can't say who placed the files in that directory, was it person that pays and is known to the ISP? was it a relative of that person?
I suppose that's true, but basically people are using certain laws to uphold what is undeniably illegal activity. I won't even pretend that I buy as many cds as I used to before file sharing. I know that recent study came out, but it sure doesn't apply to me :(
 

Iron Woode

Elite Member
Super Moderator
Oct 10, 1999
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Remember dudes: its already legal here in Canada to download copyrighted material as decreed by the courts. Uploading is considered illegal. That is what the judge was basing his decision on.
 

Dean

Platinum Member
Oct 10, 1999
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Now that it's all legal and stuff, I no longer have a desire to download music! :D
 

OutHouse

Lifer
Jun 5, 2000
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They merely placed personal copies onto shared directories on their computers which were accessible by other computer users via an online download service

nice...