starvenger 0 Report post Posted March 31, 2004 Link to the Toronto Star article Court rejects music copyright suit Internet providers don't have to name users BY ANGELA PACIENZA CANADIAN PRESS In what analysts are calling a "stunning" decision, the Federal Court has ruled against a motion which would have allowed the music industry to begin suing individuals who make music available online. Justice Konrad von Finckenstein ruled today that the Canadian Recording Industry Association did not prove there was copyright infringement by 29 so-called music uploaders. He said that downloading a song or making files available in shared directories, like those on Kazaa, does not constitute copyright infringement under the current Canadian law. "No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings," von Finckenstein wrote in his 28-page ruling. "They merely placed personal copies into their shared directories which were accessible by other computer users via a P2P service." He compared the action to a photocopy machine in a library. "I cannot see a real difference between a library that places a photocopy machine in a room full of copyrighted material and a computer user that places a personal copy on a shared directory linked to a P2P service," he said. The ruling sent shock waves through the industry and surprised copyright analysts. "It raises questions of the viability of suing individual users in Canada under current Canadian copyright law," said Michael Geist, a professor at the University of Ottawa specializing in Internet and e-commerce law and technology counsel with the law firm Osler, Hoskin and Harcourt. Geist, who called the decision "stunning," anticipates it will push the industry to increase its lobbying efforts for copyright reform in Canada. Last month, the industry association took five Internet service providers to Federal Court, trying to force the companies to hand over the names and addresses of 29 people who allegedly shared hundreds of songs with others using programs like Kazaa last November and December. The judge denied the recording industry's request, which means the five high-speed Internet providers — Bell Canada, Shaw Communications, Telus Communications, Rogers Cable and Videotron — won't have to divulge their client lists. Without the names, CRIA can't begin filing lawsuits against 29 John and Jane Does who it alleges are high-volume music traders. They're currently identifiable only through a numeric Internet protocol address and user handles like Jordana(at)KaZaA. All the ISPs except Videotron have fought the order. Videotron had agreed to comply because owner Quebecor is also concerned about piracy in other parts of its business, which includes newspapers, television, Internet services and CDs. I guess this is what happens when you don't have as much pull as the RIAA... Share this post Link to post Share on other sites
razazteca 0 Report post Posted April 1, 2004 Too bad your topic gets no-sold here. Share this post Link to post Share on other sites
starvenger 0 Report post Posted April 1, 2004 Yeah, maybe I should have put "Death Metal" in the header... Share this post Link to post Share on other sites
Guest Agent of Oblivion Report post Posted April 1, 2004 *ears perk up* Share this post Link to post Share on other sites
Slayer 0 Report post Posted April 1, 2004 Death metal will chase people away Like me Share this post Link to post Share on other sites
razazteca 0 Report post Posted April 1, 2004 But in Current Events the same topic posted nearly 6 hours after this one gets instant responses! Share this post Link to post Share on other sites
