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Canadian Recording Industry Goes After P2P Users
Posted by
michael
on Fri Feb 13, 2004 12:43 PM
from the america-in-miniature dept.
from the america-in-miniature dept.
Txiasaeia writes "Taking its cue from its American counterpart, the CRIA (Canadian Recording Industry Association) has begun the hunt for music file swappers. Unlike the RIAA, the CRIA are trying to find 29 (!) swappers only who use either Shaw, Telus, Rogers Cable, Bell Sympatico or Quebec's Videotron. Some companies like Shaw are openly opposing the request, whereas others, like Videotron, are pretty much planning on rolling over once the paperwork is done. Videotron customers beware: they say that they're 'actually delighted that the CRIA is doing what it's doing.' Arguments in the case begin on Monday in Toronto."
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But the practice is illegal in the U.S.?! (Score:5, Interesting)
For example, it has been legal in Canada since 1998 to make a single copy of a recording for personal use, such as copying a CD onto your hard drive or MP3 player. But the practice is illegal in the U.S.
Uh. Did I miss something? Did MP3 ripping from CD get banned in the USA while we weren't looking?
Re:But the practice is illegal in the U.S.?! (Score:5, Interesting)
Just ask the Slashbots.
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Re:But the practice is illegal in the U.S.?! (Score:5, Funny)
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Re:But the practice is illegal in the U.S.?! (Score:5, Informative)
It's more of a grey area in the US, especially since the DMCA. While it has historically been viewed as 'fair use' to create a backup copy of a copyrighted work, circumvention of a copy protection scheme (no matter how pathetic and ineffective it may be) was made illegal by the DMCA. Also, many CDs ship with a EULA of some sort, which often prohibits creating even a single copy of the works contained within.
Essentially, it's something for which arguments could be made either way based on previous rulings and copyright laws, but it's something which would probably never actually be prosecuted.
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Re:But the practice is illegal in the U.S.?! (Score:5, Informative)
In other words, I can borrow a friend's new CD and make a copy with no laws being broken.
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Re:But the practice is illegal in the U.S.?! (Score:5, Informative)
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Re:But the practice is illegal in the U.S.?! (Score:5, Informative)
http://www.cb-cda.gc.ca/info/act-e.html#rid-337
"Copying for Private Use
80. (1) Subject to subsection (2), the act of reproducing all or any substantial part of
(a) a musical work embodied in a sound recording,
(b) a performer's performance of a musical work embodied in a sound recording, or
(c) a sound recording in which a musical work, or a performer's performance of a musical work, is embodied
onto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer's performance or the sound recording."
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Re:But the practice is illegal in the U.S.?! (Score:5, Informative)
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Re:But the practice is illegal in the U.S.?! (Score:5, Interesting)
It's also the reason we have the retarded levy on blank media (CDs, tapes, etc.). It's a misconception that the extra fee is supposed to cover losses due to piracy, it's actually supposed to cover losses due to legal copying.
It wouldn't be such a bad thing except for the stupidity of taxing media that are used for things other than music. Why system administrators should have to pay a levy to the music industry in order to archive data to CD is a bit hazy.
It's also a tad mysterious as to why this law applies exclusively to music, and no other copyrighted works.
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Re:But the practice is illegal in the U.S.?! (Score:4, Informative)
Sort of. Some CDs have a form of copy restriction on them. Bypassing them == automatic DMCA violation. Stupid, iddnt it?
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Re:But the practice is illegal in the U.S.?! (Score:5, Interesting)
Copy restriction?
Ooooooooh! You mean "broken"! I get it now.
No, you see, you've misunderstood... Phillips owns the IP rights to the concept of a "Compact Disc". By a company claiming that they have produced such an object, they provide a certain basic level of guarantee that they have complied with Phillips' specifications. How can we can "circumvent" an access control mechanism on a CD, when no such mechanism exists in the spec?
Why, if these "broken" CDs deliberately violated the spec, well, that would count as outright fraud to still call it a CD. So they must simply have broken. Does the DMCA also say that "in the event a product breaks, you may not repair it"?
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Re:But the practice is illegal in the U.S.?! (Score:4, Interesting)
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Re:But the practice is illegal in the U.S.?! (Score:5, Interesting)
Guys, they are only going after people who DISTRIBUTE files.
And so they should.
Leaving the "occasional" offenders alone, and those who are obeying our laws and downloading only.
Call me a leech, and I'll say it's the law up here.
The people coulnd't have asked for a better law.
Yo Grark
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Frowned upon by certain "people" (Score:5, Informative)
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Re:Frowned upon by certain "people" (Score:4, Insightful)
From that site, Stacie Orrico's quote about file sharing (emphasis added):
"Well, I do realize how much the picture of artists is skewed when I get questions all the time like, 'Oh, so what kind of car do you drive? How big is your house?' It's like, 'No you don't understand, like I'm just trying to pay for my gas. I don't drive a nice car and I'm just trying to pay the bills and trying to have enough to buy groceries.' People just assume that the second you have a song on the charts," [i.e. you've earned millions of dollars of revenue for record labels] "you're a millionaire and truth is I've been in the industry for six years and still working towards the financial benefit. You put so much financial support into building an album. Between the clothes, and the sets, and the recording, and all the other people who are involved taking little bits of your money as you go along. So, especially if there is an artist that you really like and you're really enjoying, support them, support them with your $10 bucks." [out of which they'll see about 50 cents.] "Show you're a true fan, I think it's important."
Who wants to bet that not a single RIAA/CRIA exec has any problem paying their bills? Perhaps without traditional record labels, an artist like Orrico could record her music herself with a few thousand dollars of studio time (credit card), then sell just 50,000 copies of the single on the iTMS, and actually come out way ahead!
What's that I hear? Oh, it's the moans of agony coming from the RIAA headquarters. The past called. They want their distribution model back.
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Re:But the practice is illegal in the U.S.?! (Score:5, Informative)
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Re:But the practice is illegal in the U.S.?! (Score:5, Funny)
:)
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Re:But the practice is illegal in the U.S.?! (Score:4, Interesting)
I can come over to your house, give you a CD, tell you how to put my CD in your drive, rip it, and burn your own copy. That's legal, in part due to the levies on recordable media in Canada (which go to the artists, though none of that money has ever been distributed; that's another story).
I can't, however, make a copy for you. Weird, but true, from my understanding.
So - the question in Canada is: under which of these two scenarios does P2P filesharing fall? Apparently, the downloading is not illegal, but the sharing is illegal [com.com].
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You might remember me (Score:3, Funny)
Re:You might remember me (Score:4, Informative)
Bryan Adams
Randy Bachman/Guess Who
Big Sugar
Big Wreck
Blue Rodeo
Buck 65
Cowboy Junkies
Crash Test Dummies
Danko Jones
Melanie Doane
Edwin & The Pressure
54-40
Nelly Furtado
Gob
Matthew Good
Headstones
I Mother Earth
Sass Jordan
Diana Krall
Chantal Kreviazuk
Avril Lavigne
Lighthouse
Amanda Marshall
Sarah McLachlan
Holly McNarland
Moist (defunct), see David Husher
Alanis Morissette
Bif Naked
Not By Choice
Our Lady Peace
Sam Roberts
RUSH
Sloan
Sum 41
Three Days Grace
The Tragically Hip
Treble Charger
Shania Twain
Wide Mouth Mason
Neil Young
At least check out: Rush, Tragically Hip, Neil Young (you know), Sam Roberts, Sum 41 (for the kids)...
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It's not so bad (Score:5, Funny)
Oh wait a minute, that is pretty bad.
Vertical integration sucks... (Score:5, Insightful)
Videotron is in a unique position because its parent company, Quebecor, also sells music, Videotron says it is concerned about copyright protection and considers file sharing to be "theft."
Well, there we have it. ISP attitudes on copyright and privacy issues are completely tied to how much content the ISP's parent company owns. Road Runner customers beware, and Comcast customers better hope the Disney deal doesn't go through.
Re:Call Quebecor's Luc Lavoie to complain (Score:4, Informative)
The number seems to be valid.
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Re:Call Quebecor's Luc Lavoie to complain (Score:5, Informative)
Luc Lavoie
executive vice-president - Corporate Affairs
Quebecor inc.
Office : (514) 380- 1974
Mobile : (514) 236- 8742
lavoie.luc@quebecor.com
Yeah, this is the actual contact info, see the end of this page [quebecor.com]..
S
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Levies already! (Score:5, Informative)
Re:Levies already! (Score:5, Interesting)
I am confused. Am I getting fined in advance, so that I can download or does the industry want it all ways?
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Re:Levies already! (Score:5, Insightful)
They've always wanted it all or rather both ways. That's what they do. That's how they've always done it.
"The Recording Industry" is based on a business model that can be summed up neatly as "Fuck everyone above and below you as hard and as often as you can" and it's been an accepted way of doing business for so long that they'll fight to the death to continue doing it.
I don't doubt for a moment that they see absolutely nothing wrong with how they go about their business.
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Re:Levies already! (Score:5, Insightful)
The beauty of this levy is that it doesn't matter whether you're backing up Quickbooks or sending grandma some jpegs of your trip to Disneyworld - you're paying the music industry money for each CD-r. That's one of the best laws the entertainment industry ever bought.
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Re:Freaking CRAZY (Score:4, Insightful)
The CD itself probably costs less than $0.21 to manufacture. What it boils down to is this: the music industry (and all of its lined pockets) want, pure and simple, a welfare program that's tailored specifically to them. And they have it. Hope all these CEOs feel good about being on the public dole.
If this happens in the US, it will be a blatant violation of due process, as such a tax implicitly accuses, tries, convicts, and sentences someone without ANY indication that they've even so much as THOUGHT about copying something.
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Official levies (Score:5, Informative)
- Audio cassettes (of 40 minutes or more in length): 29 each
- CD-R and CD-RW: 21 each
- CD-R Audio, CD-RW Audio and MiniDisc: 77 each
- For non-removable memory permanently embedded in a digital audio recorder: $2 for each recorder that can record no more than 1 Gb of data, $15 for each recorder that can record more than 1 Gb and no more than 10 Gbs of data, and $25 for each recorder that can record more than 10 Gbs of data.
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Not surprised by Videotron (Score:5, Informative)
So Quebecor media also owns, appart from Videotron (cable), the biggest TV network (TVA), the most read newspapers (Le journal de Montreal and Le journal de Quebec), quite a few magasines and more importantly in this case, Musicor.. a record label.. They are not well known outside Quebec though, because all of their media are in French... but they are THE dominant player in Quebec...
Re:Not surprised by Videotron (Score:5, Insightful)
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International Pileup (Score:3, Informative)
Happy Trails!
Erick
Only a matter of time .... (Score:5, Insightful)
Videotron (Score:4, Interesting)
I've never had more trouble with any internet/TV company in my life. Horrible customer service, no explanations for outages, outrageous rates. I had to hire a lawyer to get out of a $900 cable TV bill. Not only did I never sign up for cable TV, I don't even own a TV!
But with the way the market works here in Canada (I don't know about the states or elsewhere) there is only one cable provider in each of the major urban centers. So, so much for healthy competition. I'm not at all surprised that Videotron will simply hand over IPs/names to the CRIA, it saves them paperwork and hassles, and fits in with their total disregard for customer service and respect that they've made themselves known for in Montreal.
*Yawn* (Score:5, Funny)
Next up: Sun rises, sun sets.
Anyone else getting really tired of reading about *IAA? We're all well aware of the issues involved, I don't really see the need for this to be front page material nearly every day.
Let's have some priorities, please. Like our daily SCO story...siiigh. It's times like these that I wish we had voting rights like Kuro5hin, because every morning I load slashdot, I have trouble telling whether it's actually new news, or the same 2-3 topics over and over.
Media Levies (Score:5, Insightful)
here we go again... (Score:4, Interesting)
Time for the slashdot two-step (Score:5, Funny)
Slashdot Response: "Why do the police have to do the **AA's dirtywork! This is blah blah blah corporate shills blah blah blah."
Scenario 1B: Copyright holder privately goes after copyright infringers.
Slashdot response: "Can you believe the nerve of these people. This is what the police are for! blah blah blah nazi stormtroopers blah blah blah."
Scenario 2A: New, obviously-designed-primarily-for-warez-pr0n-and-m
Slashdot Response: "Technology is blameless! Go after the infringers, but leave technology alone!"
Scenario 2B: Infringers gone after.
Slashdot Response: "Can you believe the nerve of those people shaking down college students!"
Scenario 3A: Copyright is used to protect somebody else's intellectual property
Slashdot Response: Copyright has outlived its usefulness! Viva la revolucion!
Scenario 3B: the GPL is violated.
Slashdot Response: Hang em high!
Re:Time for the slashdot two-step (Score:5, Insightful)
The Collateral Damage aspect.
It has become cemented into general mindset, by propaganda, that it is always illegal to copy or distribute any creative work that is copyrighted.
The problem is, this attitude does not take into consideration any copyrighted work whose author *wants* distribution. Should the author be expected to surrender his copyright entirely? Or should there be only a finite number of tightly controlled distribution methods available? Or is it the author's choice?
When the music industry clamps down under the umbrella of "copyright protection", what they are *Really* doing is trying to eliminate a competing distribution method, and they are also laying the groundwork for a fundamentally different sort of copyright than what has historically existed.
You should be able to copyright *and* distribute your work. You should NOT be forced to choose between keeping your copyright and distribution. But I believe that is going to be the net effect of the current trends. Write all the songs you want, but you need to either put them in the public domain or else sign the rights over to "Us" if you want them distributed.
I realize that publishing companies have a right, even a duty to protect their interests, but their right to do so ends abruptly when, in order to make the effort to protect their rights, they abridge MY rights. I am on SOLID legal ground to insist that their rights end where mine begin.
I'm just waiting for the day that a distribution medium is shut down on the basis of copyright infringement, even though the copyright holders had approved of the distribution. I'd think of it as winning the lottery if someone presses charges against me for copying my own music, that I wrote, produced, performed and recorded, that I hold the copyright to, and whose distribution is MY business, and not anyone elses.
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Intimidation campaign (Score:5, Interesting)
But under the Copyright Act, it remains illegal to give or sell a CD copy to a friend, since it's not for personal use. In the same vein, distributing copies to friends online is prohibited.
and a related article:
Canada deems P2P downloading legal [com.com]
I'm in Canada and I've sampled a number of songs from the binary newsgroups: alt.binaries.sounds.mp3.* as the law allows me to (for now)
That's not a P2P service, obviously, but from the ISPs own newservers. So wouldnt the ISP make a better target? After all, arent they distributing content to 900,000+ subscribers (according to the article)?? Think of the damages one could claim against an ISP if they were found guilty of copyright infringement on that scale.
Why pick out 29 individuals to pursue legal recourse? Because it's about fear and publicity. These 29 people are not likely to have the inclination, resources, or will to fight an expensive legal battle. Like the RIAA cases, they will settle for a couple thousand $ and a press conference where they tearfully apologize for thier wrongdoings. Fellow canadians who do not follow the legal aspect of such issues closely will simply hear 'file sharers get sued' and freak out and think the downloading music is wrong: mission accomplished. Will the press make the point that personal copying in Canada is LEGAL when reporting these stories? Possibly, but I'm not betting on it.
It's nice to be appreciated. (Score:4, Funny)
2004-02-13 15:32:16 CRIA Seeks All 29 File Swappers in Canada (articles,music) (rejected)
It had a sense of irony and humour, y'know? Anyway, I really can't wait until they start handing out subpoenas. If I get busted (highly unlikely), I am *so* taking this to the courts! First of all, it's civil and not criminal so I won't go to jail, and second, we've got some fairly intelligent judges up here who would definitely be able to make a fair ruling on this case.
My defense: as soon as I heard that the CRIA was going to be following in the footsteps of their older American brother, I decided to never buy another CD and never download another MP3. This also includes refusing to buy music-related merchandise as well as concert tickets. I'm in my early 20's, so I've got many, many years of not purchasing music ahead of me.
Besides, if it's legal to download, then why shouldn't it be legal to upload? I mean, come on! The ONLY WAY you *can* download is if somebody sends you the file! Either prosecute both or neither!
Used to work for Videotron (Score:4, Interesting)
All changed when he decided to merge with Rogers Cable. Quebecor saw this as an opportunity and used nationalistic rantings and political influence to get the "Caisse et Placement du Quebec" to invest with Quebecor and avoid having a Quebec company join up with one from out west. I couldn't believe people actually believed all that BS but it worked. Instead of winding up with a coast-to-coast network with tons of users, a media giant wound up getting the biggest cable and high-speed internet provider in Quebec.
I was a tech support monkey when that happenend, and I couldn't believe it. We quickly saw where it was gonna go. Pierre K. Peladeau (that's french for Darl McBride, he's the a-hole son of one of the richest man ever in quebec, who passed away in the nineties) started complaining that the management of Videotron was one of the worst one he ever saw. He proceeded to turn almost all of the cable installation/service call work to sub-contractor, to get rid of the highly payed and qualified techs. He also wanted to lower the salary of the tech support people (making barely 15 bucks an hour on average), and transferring some of the load to his 8 bucks an hour slave call centers. The techs went on strike for a year (I was gone at that point), but Quebecor had the infrastructure to make it work without them (with the help of scabs).
Of interest is that our IP telephony project was in highly advanced stages before the buy-out, with techs using it at home for beta testing. That was quickly thrown out the window after Quebecor stepped in, along with many interesting R&D projects. That could have been big in a few years, but thank to the short sightedness of greedy PK Peladeau, Videotron will miss the boat. PKP managed to suck the soul out of the company to make it the most profitable for his short-sighted, greedy, spoiled kid mind.
I don't know if you can tell, but I don't like him too much either.
Re:Videotron (Score:4, Insightful)
Why doesn't it surprise me that videotron is willing to roll over? Videotron is a Quebec based company.
Typical French, "We surrender!"/
Maybe its because they are owned by a huge media conglomerate that's also has music label?
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Re:Videotron (Score:5, Informative)
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Re:Videotron (Score:4, Funny)
Typical French, "We surrender!"
Typical anglo-saxon bigotry.
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Re:You have to laugh (Score:5, Funny)
You must be new here. You can pay your $699 on your way out.
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Re:What exactly is illegal? (Score:5, Informative)
What is illegal is uploading (sharing) songs which you do not have distribution permission from the copyright holder to the general public. For example, if i open a private FTP site and i prove that only my friends have access to it, then it falls neatly under 'fair use' clause. More concretly if i go to my friends house and rip all my music on his computer, this falls under 'fair use' also.
The Canadian copyright act is also a reason why the CRIA gets a levy on blank medias and hard drives and can't sue file swappers as efficiently as the RIAA. Hence the 29(!). lol.
Don't take this as a legal advice though i could be wrong, or it could cost you a lot to defend this position.
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Re:the last laugh (Score:5, Informative)
(If anybody is going to contest this, at least do a search first on previous Slashdot stories. This has been covered many times and even the Copyright Board of Canada has ruled that downloading is legal [cb-cda.gc.ca], but distributing is not.)
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Re:aw crap (Score:5, Interesting)
Canada has a pretty decent history of not prosecuting laws that are still being debated (While weed legalization was being discussed police stopped small scale arrests,[Still busted some big grows]) I don't think there are any (Canadian, American's are stupid) politicians who don't have doubts about enforcing the ridiculous American IP laws.
My only conclusion is that this issue has been sacrificed as part of a deal. I'm enough of a realist to know that deals of this nature need to be struck. I don't think that whoever allowed this to happen realizes the consequences.
First we are bowing to the American's in such a way as to forever compromise Canada's reputation as an honest unbiased power (Lester B. Pearson, etc.), second we are an example to other countries. If we fold IP law will remain restrictive and useless until society once again returns to a sane level of socialism or another technological breakthrough on the order of magnitude of the internet takes place causing people to reconsider intellectual property. (Trying to think of something that fits this description leads me to a short list.) Either way you are condemning people in the third world to ignorance and poverty for another hundred years, the death toll is on your head. Depending on how seriously you think knowledge = power = life, Paul Martin might be worse than Hitler.
Simple form: Paul, if you are willing to negotiate our intellectual freedom we may decide to negotiate for it back, is one life too much to pay?
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