File Sharing is now LEGAL in Canada!

[What_A_Bastard]

From the Toronto Star (http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_PrintFriendly&c=Article&cid=1080731123045&call_pageid=968332188492)

Mar. 31, 2004. 02:08 PM

Court rules against record firms
Door slammed on Canadian music industry's bid to obtain names of file sharers


CANADIAN PRESS

In what analysts are calling a "stunning" decision, the Federal Court has ruled against a motion that would have allowed the music industry to start 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.

[tidal]

http://www.cbc.ca/stories/print/2004/03/31/canada/download_court040331

now all we have to do is get that done here.... /pipedream

at least we can depend on our canadian brothers and sisters to be our suppliers now :P

[muffenme]

:fire

Yesssssss!!!!!!!!!!!!!!!!!!!!!!!!.

:hole

[MacGyver]

I always wanted to move to canada

[Burd]

O.K., here's what we do. Everybody e-mail their files to people in Canada. Then, those people share them like crazy! Oh, Canada...you will be the beacon for the world!

[bobhss]

File sharing has always been legal. I just didn't have the CDs turned into files first before I let my friend borrow it.

[streamlina]

Hahhahhah!! F U Cria

[-0-BACKLASH-0-]

w00t this is aweseme! (just like the new look of the board)

[streamlina]

its like the old days of filesharing where only the companies can get sued not the users, well unfortunately not for americans to bad. Get a new judge

[Sk8er Boi]

YES!!!!!!!!!!!!!!!!!!!!!!!! Canada truly is, the best Country in the world :santa

[eivioolla]

April Fools?

-edit- ups, I guess it's still 31. there. :)

[The Hunter]

Nope, not at all.http://www.theglobeandmail.com/servlet/story/RTGAM.20040331.wdownload0331/BNStory/Business/

[The Hunter]

http://www.globetechnology.com/servlet/story/RTGAM.20040331.gtreact0331/BNStory/Technology/
More commentary.

This is even better:http://www.theglobeandmail.com/servlet/story/RTGAM.20040331.wmath2/BNStory/Business/

[Omyn]

Wow that is some dead sexy news.

[serrebi101]

Yes!
:D This is good!
Good job canadian courtes!

[YWD67]

All this praise of Canada for finding file sharing legal. However how many slammed Canada for not backing us at the start of the Iraq war? At that time they were nothing but a bunch of no good back bacon eating Eskimo loving, %^$^^%&* cowards. The word I am looking for might be HYPOCRITE. For those who are guilty of the above, please kiss the Red Maple Leaf and then kiss a Canadians backside.

[Kevin33134]

All this praise of Canada for finding file sharing legal. However how many slammed Canada for not backing us at the start of the Iraq war? At that time they were nothing but a bunch of no good back bacon eating Eskimo loving, %^$^^%&* cowards. The word I am looking for might be HYPOCRITE. For those who are guilty of the above, please kiss the Red Maple Leaf and then kiss a Canadians backside.
Well, the U.S. did kill four Canadian soldiers in Afghanistan.

http://www.smh.com.au/articles/2002/04/19/1019020688511.html

[djy2ray]

Now instead of some anonymity services placing their servers "offshore", they can just place 'em in Canada...anyone want to rent out their rooms?

[bmc152003]

File sharing has always been legal. I just didn't have the CDs turned into files first before I let my friend borrow it.
ha i agree totally, even if p2pers are being sued, that doesnt mean people wont share music for freee.... just pop somes cd in ur comp and copy it!


man i hope the U.S. follows in the steps of canada.
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hey, i can dream cant i?

[YWD67]

Yeah and to date I don't know if we ever apologized for the screw up formaly either. Hell down here in Florida several A.M. stations that carried Canadian news because of the large Candian snowbird population, dropped the segment because they were not backing the war. I for one was not one of the hypocrites slamming them for that. I just wonder how many singing their praises now were cutting them down then.

[Rickio]

So what's the cost of living like up in Canada?
Might consider a move hehe

[The Hunter]

Naw, dont worry about it as we are opening up our shared folders a lot more to help out our neighbours.

[Gregory_JJ]

Yeaaaaaaaaaahhhhhhhhhhhhhhhhhaaaaaaaaaaaaaawwwwwww wwwww!!!!!!!!!!!!
Trance, Techno, Hip-hop mp3's for everyone it's on me, because I AM CANADIAN!!!
( I was always looking for a good reason to use that line from the commerical, and thanks to the Judge now I do! :-)) )

[Gregory_JJ]

So what's the cost of living like up in Canada?
Might consider a move hehe
By american standards it's pretty cheap, but that's only if you're getting paid in American dollars, but we do have national health care.

[camoor]

Yeah and to date I don't know if we ever apologized for the screw up formaly either. Hell down here in Florida several A.M. stations that carried Canadian news because of the large Candian snowbird population, dropped the segment because they were not backing the war. I for one was not one of the hypocrites slamming them for that. I just wonder how many singing their praises now were cutting them down then.

Uh, You do know that there were some American citizens against the war too, right? As in 50%

Canada is good people. Their moderation on issues such as file-sharing, going to war, and pharmaceuticals really put America to shame. Too bad half of this country is still thinking that they're going to get a tax cut by voting for Bush. Doesn't anybody remember "Read My Lips, No New Taxes". Well "Read My Lips, No More Bush"

[MoonMan]

Is it CERTAIN that this isn't some kind of bad joke? Could have been orchastrated by a lot of sites for the full effect...

If it IS real, then it's aboot time eh ?

[cheapprick]

Is it CERTAIN that this isn't some kind of bad joke? Could have been orchastrated by a lot of sites for the full effect...


No, it's getting national coverage. It was a real Supreme Court decision.
:blah

[Siskabush]

My opressed american friends, enjoy my massive selection of mp3's.
Truly proud to live in a nation that stands up to corporate bullshit!

[Nooby Doo]

:fire :finger :ass cria
i knew the cria's campaign wouldn't last long. we already pay a tax on blank cd's and mp3 players which is supposed to go into the music industries pockets.
hopefully kazaa's numbers will go up again so i can get some decent files.

[moneoa]

Now instead of some anonymity services placing their servers "offshore", they can just place 'em in Canada...anyone want to rent out their rooms?



good way to speedily reverse our obvious rights, (we pay levies on blank media THATS why its legal under copyrigt law here) whats funny is the industry is trying to make it illegal but still collect the levy on blank media. Cake and eat it too, though for them I hope it tastes like poo.
In the end what will be looked at is the industry settled for the levy before all this crap and agreed it was just compense. Since the "Riaa" juggernaut lawsuit heyday they realised they could make WAYYY more money suing the crap out of people then collecting some s#itty levy.
Whats even better is they just successfully had the courts extend the levy to removable hard drives and Ipods and tried to increase the levy on other media. They are far from getting thier asses eaten here and thats why the consumers here are the winners. The states tried to deal with it in the middle of the boom. We dealt with it before the crest of the wave...with all parties in agreement..any other moves by our industry would just be seen as greed in the federal courts.

How very maple

[stevo32]

I'M CANADIAN THIS IS AWESOME!!!

BUT IF U LIVE IN ONTARIO ITS ALL A TRICK!

you see, people like me who leave their computers on 24/7 with P2P software on have won something. but there is another problem. THE HYDRO RATES WENT UP YESTERDAY. so that is the trade off. you leave it on 24/7, your electricity bill goes way up. so now i can't share my files 24/7. :(

[Brycen257]

Awesome Canada leads the world in file sharing rights !!!! Its about bloody time. I have been disgusted at the way the CRIA has handled the whole matter . Shove that one up your ass, you sleezy hypocritical bastards . As other users have already pointed out, we have been paying a levy (aka tax) on all blank cds and dvds sold in Canada for years now. This money is supposed to compensate the CRIA for money they allegedly lost when Canadians downloaded and copied music onto cds and dvds.

They have been making great money from this tax for years, so whats the motive in pushing the matter into the courts ? Overwhelming greed seems to be the answer. I am sure the CRIA knows that the RIAA has made lots of money by suing and threatening to sue file sharers in the USA and saw this as yet another chance to screw the Canadian Public . Thankfully theres still some sane people in Canadian Courts (not many, but some) . Take that CRIA toadies !!!!! :shy

[freak-on-a-stick]

the levy was a trade off. We pay a levy in exchange for "fair use" rights.

I did what muffenme did, bouncing in my seat repeating http://www.zeropaid.com/bbs/images/smilies/12.gif YESSSSSSS over and over. lmao

The privacy side of the decision shouldn't be discounted. The arrogance of the CRIA and Media Sentry thinking they could could convince a judge to agree to hand over private information (after ISP's paid ppl to try and link IP to subscriber) based on geekboy@kazaa on this day with this IP is just nuts.They couldn't even prove the songs had copyright on them! It's something I have been saying all along and overjoyed that the Judge agreed.

I'm starting to think the tide is turning against the big companies. Think it's about time the bullies get what they deserve. I think it's idiotic to assume that my file sharing is what is stopping them from earning more money, that I am and the rest of the file sharing community is the sole reason to blame for their business losses. And are they really? Harvard study, ARIA report for 2003 showing a marked gain in revenue ... hmm.

ps: bet you never thought you'd be famous eh geekboy ;)

I AM CANADIAN (couldn't reisist)

pps: as for hypocracy from down south? we're almost used to it .... ;)