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Author Topic: Canada: Isps Will Not Be Fingering Users For Music  (Read 64 times)

HSDEMONZ

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Canada: Isps Will Not Be Fingering Users For Music
« on: March 31, 2004, 06:43:00 PM »

Not Quite Xbox News.. but...
>> NEWS RELEASE
March 31, 2004
Ottawa, Ontario

CIPPIC lauds court decision protecting Internet privacy

Ottawa – In a victory for the privacy rights of Canadians, the Federal Court today denied the music industry's request for Internet Service Providers to disclose the identity of subscribers alleged to have infringed copyright law.

"This is a strong affirmation of privacy rights." said Philippa Lawson, Executive Director of the Canadian Internet Policy and Public Interest Clinic (CIPPIC), who intervened in the case. "The court's decision sends a powerful message to those who seek to uncover the identities of ISP subscribers in order to sue them. Don't try it, unless you have clear evidence of wrongdoing and can make a reliable link between that activity and a specific individual."

The Canadian Recording Industry Association (CRIA) had relied on a rule which compelled disclosure but not creation of documents which did not already exist. At the hearing, several ISPs had noted that they had no business case to keep the kind of information the music industry sought and that to do so would be inconvenient and costly.

Justice von Finckenstein ruled that CRIA had failed to make out a "prima facie" case of copyright infringement by any of the 29 defendants, noting that CRIA's affidavit evidence was deficient, and that CRIA had failed to make a causal link between alleged filesharers' Kazaa usernames and specific IP addresses. More importantly, the court ruled that merely downloading and placing music files on a shared directory does not constitute copyright infringement under Canadian law.

Given the absence of clear evidence of infringement and the serious possibility of an innocent account holder being identified, the Court found that it would be irresponsible to order the disclosure of subscriber identities.

"This is victory for new technology and the Internet, and for the rights of users of new technology in Canada", said Howard Knopf, who acted as CIPPIC's lead counsel in the case. "It is now abundantly clear, if it was not before, that downloading songs from the Internet for personal use and merely making them available to others is not infringement of copyright in Canada. The Court has followed the recent decision of the Supreme Court of Canada and held that P2P users are not 'authorizing' infringement simply by placing a personal copy of a file on a shared directory."

This decision comes on the heels of yesterday's release of a study finding that online music sharing does not clearly affect CD sales (see www.unc.edu/~cigar/papers/FileSharing_March2004.pdf). "Even if they had the law on their side, the record industry's claims that P2P file-sharing are hurting it financially are now being seriously challenged", said Lawson.


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HSDEMONZ

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Canada: Isps Will Not Be Fingering Users For Music
« Reply #1 on: March 31, 2004, 05:20:00 PM »

What are your thought on this issue?
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pecmoney

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Canada: Isps Will Not Be Fingering Users For Music
« Reply #2 on: March 31, 2004, 06:53:00 PM »

This is great...........The U.S. and Canada pretty much have the same law structer and policies regarding this matter....all we need now is for a Judge to state that it is unlawful in the U.S. to do this also and we are on our way to freedom:)
Victory Victory :jester:
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HSDEMONZ

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Canada: Isps Will Not Be Fingering Users For Music
« Reply #3 on: March 31, 2004, 05:31:00 PM »

I'm not happy for what this means to the authors and musicians.. however.. as an ISP user.. I am glad that the ISP will not be compelled to collect more info on us then they already do.
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phrozenfeonix

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Canada: Isps Will Not Be Fingering Users For Music
« Reply #4 on: March 31, 2004, 05:08:00 PM »

thsi topic reminds me of one of the best southpark episodes ever, where cartman and the guys start a band and to get inspirational music, they go onto the internet and the FBI comes and brings them around, poor britney spears cant buy herself a new airplane this month http://forums.xbox-scene.com/html/emoticons/rotfl.gif' border='0' style='vertical-align:middle' alt='rotfl.gif' />
The musicians make so much money that it shouldn't affect them, and those that dont make as much money get their music heard, so only groups like sony are missing out. which brings me to the real issue at heart, doesn't sony produce some of the leading burners and blank media? why should they be against it fi they're part of the source?
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jsm

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Canada: Isps Will Not Be Fingering Users For Music
« Reply #5 on: March 31, 2004, 08:00:00 PM »

What is really funny :
We already pay fees on blank cd-r's, fees that are given to organizations representing record companies. Fee that allows us to freely download (download only!) music. From : http://www.ccfda.ca/subsections/eng_faqs.html' target='_blank'>http://www.ccfda.ca/subsections/eng_faqs.html
QUOTE
The levies are collected by the Canadian Private Copying Collective (CPCC), which is responsible for distributing the money to organizations representing record companies, producers, and others who own the rights to copyrighted material. Since the regime was established in December 1999, the CPCC has collected over $54 million in levies. According to an article in the Globe and Mail on February 26, 2003, only $6.8 million has been dispersed to copyright holders to date.

Ok so all the money we (canadians) pay in cdr taxes is given back to our own industry, what does this mean ? It means that when I (being in canada) legally download music from an American artist by paying the cd-r fee, I actually give all the money back to canada. The american artist gets nothing. :lol:

P.S. the levy is $.77 on media that are labelled "CD-R Audio", and only $.21 on data CD-Rs. (Canadian cents that is)


About the ruling :

QUOTE
More importantly, the court ruled that merely downloading and placing music files on a shared directory does not constitute copyright infringement under Canadian law.

Yep it's exactly what it says, I can download legally thanks to my fees and "plac[e] music files on a shared directory" because it is not considered distribution, unlike uploading to ftp or sending directly to someone. :rotfl:


Man even though I am not born in Canada, I am very glad to have chosen this country to live. :)

Edit: Reminds me of dishnetwork and directv, wich are illegal in canada, that is actually illegal to sell the system but no to have it, there is no fine for having one and no one takes it from you. :jester:  

This post has been edited by jsm on Apr 1 2004, 02:08 AM
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Softco Industries

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Canada: Isps Will Not Be Fingering Users For Music
« Reply #7 on: March 31, 2004, 06:30:00 PM »

Yes!  Another point for Canada!  I love living in this country!!!   http://forums.xbox-scene.com/html/emoticons/laugh.gif' border='0' style='vertical-align:middle' alt='laugh.gif' />  http://forums.xbox-scene.com/html/emoticons/laugh.gif' border='0' style='vertical-align:middle' alt='laugh.gif' />
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geniusalz

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Canada: Isps Will Not Be Fingering Users For Music
« Reply #8 on: March 31, 2004, 06:41:00 PM »

QUOTE (HSDEMONZ @ Mar 31 2004, 09:18 PM)
http://canflag.ptbcanadian.com/images/animated/waving/canadaa.gif' border='0' alt='user posted image' />

 http://forums.xbox-scene.com/html/emoticons/pop.gif' border='0' style='vertical-align:middle' alt='pop.gif' />
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tareqsattar

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Canada: Isps Will Not Be Fingering Users For Music
« Reply #9 on: March 31, 2004, 09:10:00 PM »

:beer:

'blame canada' anyone ?  :lol:
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rastareaper

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Canada: Isps Will Not Be Fingering Users For Music
« Reply #10 on: March 31, 2004, 08:34:00 PM »

so this means i can legally share files in kazaa now?
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HSDEMONZ

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Canada: Isps Will Not Be Fingering Users For Music
« Reply #11 on: March 31, 2004, 10:21:00 PM »

QUOTE (rastareaper @ Mar 31 2004, 10:58 PM)
so this means i can legally share files in kazaa now?

 That is determined how you interpret the current copyright laws.. and this new ruling.

I'm just glad that the ISP's aren't required to document more than they already do.  To much of our online travles and actions are documented.
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ylsf

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Canada: Isps Will Not Be Fingering Users For Music
« Reply #12 on: March 31, 2004, 09:10:00 PM »

I hope Canada isn't pressured into changing its copyright laws now.  Basically, what the judge said was that it was his interpretation of the law.  Judges can't make "new" law and have to enforce existing law.  He made the comparison to the photocopy machine in a library which was quite interesting..A library should not be liable for someone using a photocopy machine to photocopy copywritten material (which is most of the material in a library I imagine)!!
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mamajo

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Canada: Isps Will Not Be Fingering Users For Music
« Reply #13 on: March 31, 2004, 08:37:00 PM »

QUOTE
   What is really funny :
We already pay fees on blank cd-r's, fees that are given to organizations representing record companies. Fee that allows us to freely download (download only!) music. From : http://www.ccfda.ca/subsections/eng_faqs.html' class='bbc_url' title='External link' rel='nofollow external'>http://www.ccfda.ca/...s/eng_faqs.html


P.S. the levy is $.77 on media that are labelled "CD-R Audio", and only $.21 on data CD-Rs. (Canadian cents that is)




Ya you will be paying that levy if your are foolish enough to buy your media at Walmart, Futureshop, or any other big name store.
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rastareaper

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Canada: Isps Will Not Be Fingering Users For Music
« Reply #14 on: March 31, 2004, 08:39:00 PM »

QUOTE (mamajo @ Apr 1 2004, 04:37 AM)

Ya you will be paying that levy if your are foolish enough to buy your media at Walmart, Futureshop, or any other big name store.

heh heh i buy my blank cds in the u.s  http://forums.xbox-scene.com/html/emoticons/laugh.gif' border='0' style='vertical-align:middle' alt='laugh.gif' />
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