Feeds

Music biz appeals Canada file sharing-is-legal ruling

Music to lawyers' ears

  • alert
  • submit to reddit

The Power of One eBook: Top reasons to choose HP BladeSystem

As expected, the decision by a Canadian Appeals Court, to refuse legal help in identifying file sharers which appear to be swapping copyrighted works, is being challenged by the Canadian Recording Industry Association. The CRIA filed an appeal last week.

The decision flies in the face of US courts, which although they have resisted a shortcut method for identifying alleged illegal file sharers, have backed the idea that people swapping copyrighted works are breaking the law. The RIAA, America's equivalent of the CRIA, has now taken over 2,000 people to court for file swapping offences, in most cases settling out of court for a fine.

European countries have just begun the same style of copyright actions against file sharers as the US under fresh copyright laws that have been inspired by the US Digital Millenium Copyright Act and pushed through by a US-dominated World Intellectual Property Organization.

The Canadian court said that it couldn't force ISPs to reveal the identity of its clients since what they were doing wasn't against Canadian law, as it was seen as copying for personal use. The CRIA view is that Canada has copyright law, and that law shouldn't allow people to make copies of hundreds or thousands of copyrighted songs and to put them out on the Internet for copying and global distribution.

The CRIA appeal notice suggested that the judge had overreached himself, made errors in law, and errors in his assessment of the facts. Stern stuff, not designed to endear the claimants to the judge.

The ISPs in question, Bell Canada, Shaw Communications, Telus Communications, Rogers Cable and Videotron need to have court orders before handing over personal information, or they themselves would be liable to prosecution under Canadian privacy laws.

The judgment came at the end of March and affected the first 29 file sharing uploaders which are claimed to illegally be posting hundreds of songs on the web. The judge compared the action to a photocopy machine in a library, saying he could not 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. A date for the appeal has not yet been set.

© Copyright 2004 Faultline

Faultline is published by Rethink Research, a London-based publishing and consulting firm. This weekly newsletter is an assessment of the impact of events that have happened each week in the world of digital media. Faultline is where media meets technology. Subscription details here.

Related stories

Triple setback for music giants' global jihad
File sharers not guilty of copyright infringement - Canadian judge
Music biz takes P2P jihad to Europe and Canada
War on Culture's victims face Penitentiary Blues
Kazaa and co not cause of music biz woes , say Profs
UK, Oz album sales rise despite Kazaa crisis

Top three mobile application threats

More from The Register

next story
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Stick a 4K in them: Super high-res TVs are DONE
4,000 pixels is niche now... Don't say we didn't warn you
Philip K Dick 'Nazi alternate reality' story to be made into TV series
Amazon Studios, Ridley Scott firm to produce The Man in the High Castle
Bose says today is F*** With Dre Day: Beats sued in patent battle
Music gear giant seeks some of that sweet, sweet Apple pie
There's NOTHING on TV in Europe – American video DOMINATES
Even France's mega subsidies don't stop US content onslaught
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
Too many IT conferences to cover? MICROSOFT to the RESCUE!
Yet more word of cuts emerges from Redmond
Joe Average isn't worth $10 a year to Mark Zuckerberg
The Social Network deflates the PC resurgence with mobile-only usage prediction
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
Application security programs and practises
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Securing Web Applications Made Simple and Scalable
Learn how automated security testing can provide a simple and scalable way to protect your web applications.