File Sharing is now LEGAL in Canada!

**What_A_Bastard** · March 31st, 2004, 12:10 PM

From the Toronto Star

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** · March 31st, 2004, 12:46 PM

http://www.cbc.ca/stories/print/2004...ad_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** · March 31st, 2004, 01:14 PM

:fire

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

:hole

**MacGyver** · March 31st, 2004, 01:16 PM

I always wanted to move to canada

**Burd** · March 31st, 2004, 01:24 PM

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** · March 31st, 2004, 01:47 PM

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** · March 31st, 2004, 02:30 PM

Hahhahhah!! F U Cria

**-0-BACKLASH-0-** · March 31st, 2004, 02:34 PM

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

**streamlina** · March 31st, 2004, 02:40 PM

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