Become a fan of Slashdot on Facebook

 



Forgot your password?
typodupeerror
×
Privacy Media Music The Internet Your Rights Online

Music Industry Loses In Canadian Downloading Case 736

pref writes "'Canada's music industry can't force Internet service providers to identify online music sharers, a Federal Court judge has ruled.' They wanted the Internet service companies like Sympatico, Rogers and Shaw to give them the real identities of the individuals so they could sue them for copyright infringement. They were seeking a court order requiring the companies to provide the information. But they didn't get it, so the Internet companies don't have to identify their clients and the music companies can't proceed with their lawsuits.""
This discussion has been archived. No new comments can be posted.

Music Industry Loses In Canadian Downloading Case

Comments Filter:
  • Hooray! (Score:5, Insightful)

    by Vargasan ( 610063 ) <swhisken@rogers. c o m> on Wednesday March 31, 2004 @03:42PM (#8728107) Homepage
    Hooray for Canada.

    Wait... Which country was the 'Land of the Free' again?
  • Awesome. (Score:3, Insightful)

    by danhm ( 762237 ) on Wednesday March 31, 2004 @03:43PM (#8728117) Homepage
    I think I know what country I'll go to college in now.
  • Woo! Proxy Time (Score:4, Insightful)

    by Gothmolly ( 148874 ) on Wednesday March 31, 2004 @03:43PM (#8728125)
    C'mon you Slashdotters in .ca, how about setting up some anon HTTP proxies so that the rest of us can download freely? Your ISP logs can't be subpoenad, so we can all download stuff via your pipes, and the Evil Record Companies can't do anything!!!
  • Go after the IP (Score:5, Insightful)

    by grafikhugh ( 529618 ) on Wednesday March 31, 2004 @03:44PM (#8728140) Homepage
    What is to stop them from suing the IP number and using the court case as a means to identify the user? Didn't the RIAA have to take that aproach after losing a similair lawsuit ?
  • by SlartibartfastJunior ( 750516 ) on Wednesday March 31, 2004 @03:44PM (#8728141)
    "Until then, Canadian online music traders are free to keep swapping songs, Akin said."

    Um, but aren't they facing the chance of being sued anyway? So yes, you can go back to swapping songs, since nobody has been sued YET - but that doesn't mean you aren't leaving yourself open to it when they get their act together.
  • by Anonymous Coward on Wednesday March 31, 2004 @03:47PM (#8728198)
    wow! i can get married AND trade music files?? WOOOT! I'm moving to canada!
  • by oblivionboy ( 181090 ) on Wednesday March 31, 2004 @03:48PM (#8728214)
    In a related article from canoe.ca [canoe.ca], the judge was qoute as saying,"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,"

    Doesn't this analogy actually make more sense, than alot of the analogies to "theft" that the record industry has thrown out?

    On the other hand, it may not be that valid, because to actually photocopy an entire book would be prohibatively expensive. Where as with P2P whether you download an entire album or just one song its the same cost. Free.
  • Re:Go after the IP (Score:3, Insightful)

    by netfool ( 623800 ) * on Wednesday March 31, 2004 @03:48PM (#8728226) Homepage
    Its in the article - "No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings. They merely placed personal copies onto shared directories on their computers which were accessible by other computer users via an online download service," the judge wrote.
  • by belmolis ( 702863 ) <billposer.alum@mit@edu> on Wednesday March 31, 2004 @03:50PM (#8728244) Homepage

    It isn't clear what the real impact of this decision is. If you read the article, it quotes lawyers as saying that the music industry prepared a sloppy case and that it can always try again. It may only be a temporary victory. But at least it sounds like the Canadian courts are requiring a higher standard of evidence of infringement than the US courts are.

  • The loophole (Score:3, Insightful)

    by Rascasse ( 719300 ) on Wednesday March 31, 2004 @03:50PM (#8728257)
    "No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings. They merely placed personal copies onto shared directories on their computers which were accessible by other computer users via an online download service," the judge wrote.

    First off, I'm surprised but elated that the Judge seems to have been technically competent enough to see this. However, downloaders be warned: the music industry will now proceed to actually participate in copyright infringement by downloading those shared songs or otherwise monitoring the downloads of those shared songs. The "my songs are shared out but were not actually downloaded" argument might not work next time.

  • Re:Legality? (Score:2, Insightful)

    by damian.gerow ( 458051 ) on Wednesday March 31, 2004 @03:51PM (#8728265) Homepage
    All the judge said was that the people sharing the music weren't committing any illegal acts. And depending on how you read Canada's copyright law, it may even be legal to download songs via P2P networks. It'll be interesting as this law is put to tests -- if the network traffic passes through the States, does it then become subject to American law? What if one person is in Canada, and the other isn't?
  • Re:Go after the IP (Score:1, Insightful)

    by Anonymous Coward on Wednesday March 31, 2004 @03:53PM (#8728291)

    Canada's latest round of privacy laws, introduced in January of this year, will stop them. Read about it here [privcom.gc.ca]. In fact Canada has a Privacy Commissionaire who fights for the peoples' privacy.
  • by strike2867 ( 658030 ) on Wednesday March 31, 2004 @03:54PM (#8728307)
    Legal access to addictive drugs

    Well its now 10am and Im on my 5th cup of coffee. Time for my cigarette break.

    Socialized health care.

    Ohh crap. Tripped down stairs. Leg hurts like hell. Time to go to a doctor.

    Me: My leg hurts.
    Doctor: Stay off it.
    Me: How much do I owe you?(after paying bill I apply for Chapter 11)
  • by lavalyn ( 649886 ) on Wednesday March 31, 2004 @03:54PM (#8728313) Homepage Journal
    it's because it's on a technicality about "insufficient information."

    What's wrong with the CRIA obtaining subpoenas against people that they can positively identify as file uploaders of the member companies' copyrighted material? It's not outrageously hard to have somebody at minimum wage sit behind a terminal and try to download music from Canadian ip addresses. And once you have that, it's a known act of copyright infringement anyway, which as we all know, is illegal.

    I don't condone the recording industry's stance and think they should be looking to leverage the technology instead of fighting against it, but they do have the legal right to demand information on people that they have reasonable evidence of illegal activity on. Let them sue the people that upload, not people that use the technology that could either upload or not.

    Besides, I'm not sure we want the ISPs to take on the role of gatekeeper either. This is a legal liability on ISPs and the costs of that will be borne by the end-user.
  • by RetroGeek ( 206522 ) on Wednesday March 31, 2004 @03:54PM (#8728314) Homepage
    Legal access to addictive drugs

    What, you cannot buy cigarettes where you live?
  • Re:Go after the IP (Score:2, Insightful)

    by nuckfuts ( 690967 ) on Wednesday March 31, 2004 @03:55PM (#8728325)
    The majority of subscribers here in Canada use dynamic IP addresses. Last time I checked it wasn't even possible to pay for a static IP from Shaw. So unless ISP's can be forced to go through their DHCP logs and figure out who was assigned a particular address at a particluar time (which is what just failed to happen in court), knowing the IP address is useless.
  • From the Judge: (Score:5, Insightful)

    by big_groo ( 237634 ) <groovis AT gmail DOT com> on Wednesday March 31, 2004 @03:57PM (#8728348) Homepage
    From The Toronto Star [thestar.com]: "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.

    Besides, the IP changes, and the ISPs *don't* have to divulge who had the IP at any given time. Kind of hard to sue in that case...

  • by harlows_monkeys ( 106428 ) on Wednesday March 31, 2004 @03:58PM (#8728377) Homepage
    OK, think about this for a minute. Canadian law can't work the way the summary implies, because Canadians aren't idiots. To work reasonably, a legal system needs a way to allow you to discover the identity of someone you want to sue if they have done something that makes them legally liable to you.

    Reading the story, we see that this is indeed the case. The ISPs weren't compelled to release the IDs because the music companies had not shown sufficient evidence that a copyright violation had occured. If they had shown sufficient evidence, the ISPs probably would have had to cough up the names.

  • by Anonymous Coward on Wednesday March 31, 2004 @04:06PM (#8728485)
    RIAA found a way. It was the same way the CRIA tried. An american judges accepted it while a canadian judge did not.

    Maybe the RIAA knows how to line the judges pockets, with money, better?
  • by tomhudson ( 43916 ) <barbara,hudson&barbara-hudson,com> on Wednesday March 31, 2004 @04:10PM (#8728544) Journal
    excuse me, but the music industry agreed to those "infringements on copyright" in return for a levy on recodable media (cds, tapes, etc).

    They thought it was a fair exchange when they agreed to it, but mp3 technology, and the decline in price of burners, now make them regret the deal.

    It's the old saying - they made their bed, let them sleep in it!

  • Re:Woo! Proxy Time (Score:5, Insightful)

    by Br!an of Paco ( 677083 ) on Wednesday March 31, 2004 @04:17PM (#8728653)
    "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." http://www.cbc.ca/storyview/MSN/2004/03/31/downloa d_court040331 Sounds to me like uploading's legal too.
  • Re:OH Canada. (Score:2, Insightful)

    by Jardine ( 398197 ) on Wednesday March 31, 2004 @04:24PM (#8728721) Homepage
    In spite of this, Canadian television has yet to produce a domestic hit television series

    I guess that depends on what you consider a hit and what you consider Canadian television.

    Many shows are filmed in Vancouver with at least partly Canadian cast members. Quite a few shows have been produced by the CBC which I would call hits. Royal Canadian Air Farce and This Hour has 22 Minutes both spring to mind. Hell, if you can't call The Red Green Show a hit, I don't know what is.
  • Re:Woo! Proxy Time (Score:5, Insightful)

    by Abcd1234 ( 188840 ) on Wednesday March 31, 2004 @04:26PM (#8728738) Homepage
    As others have said, that's not actually true. The judge said, and I quote:

    "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"

    So, this goes to the heart of the P2P uploading matter. Basically, it's the judge's interpretation that making files available for download does not constitute uploading.
  • Re:OH Canada. (Score:2, Insightful)

    by featuredone ( 702376 ) on Wednesday March 31, 2004 @04:35PM (#8728851)
    In spite of this, Canadian television has yet to produce a domestic hit television series, and virtually all our recording artists flee to the states Like with all other statments you should check the facts before fudding - Here are a couple examples for ya: Trailor Park Boys [canoe.ca] Corner Gas [canoe.ca]
  • Accuracy (Score:3, Insightful)

    by Mistlefoot ( 636417 ) on Wednesday March 31, 2004 @04:38PM (#8728883)
    http://www.pch.gc.ca/progs/ac-ca/pubs/can-con/can_ con.html

    If you follow the government link you will see the rules are stated differently. The original link contends that "music" must be Canadian. I'm not sure which is correct but I was under the idea (having worked in a volunteer position in sports broadcasting for a local small radio station) that "up to" 35% of the content played on the radio from 6am to midnight" had to be Canadian.

    Anyone who listens to daytime radio can verify that a good portion of it isn't music. I can say that one of the reasons that the radio station covered this live sporting event was so that they could air 3 hours of Canadiana per day. That allowed for 6 fulls hours of free playing. It was my understanding as well that locally produced advertising and the DJ's themselves were considered Canadian content. The link that you gave and the link that I gave are confusing on this.

    "In general, 35% of the sound recordings played on a radio station between 6 a.m. and midnight must qualify as "Canadian content" as defined by the MAPL system."

    Regardless.....we do have laws that force our radio stations to air Canadian content. This is not in doubt.

  • by Curtman ( 556920 ) on Wednesday March 31, 2004 @04:43PM (#8728958)
    Liberate people? Puh-lease. You don't actually believe that garbage do you? Based on what? Manifest destiny? Genocide of the american natives? Slavery? Maybe the US being so quick to join in the fight against Hitler?
  • by Anonymous Coward on Wednesday March 31, 2004 @04:45PM (#8728988)
    Your options are:

    1) lobby the government to make people pay levies on most recordable media, to compensate artists for personal copies of musical works, which is thereafter specifically allowed;

    2) sue people for making music available for others to potentially copy for their personal use.

    Please choose only ONE option at a time.
  • by MKalus ( 72765 ) <mkalus@@@gmail...com> on Wednesday March 31, 2004 @04:56PM (#8729131) Homepage
    Yes, but if I understand the ruling correctly the Judge implies that there is no uploading happening.

    Which in a way makes sense, an upload would require a conscious action, no?

    Is a "Webserver" uploading to you? Or are you downloading?

    It is an interesting problem. If it sits on your personal computer and get's downloaded it is not mediated by you, then you can share as much as you like but probably can't just set up an FTP Server.

    Will be interesting to watch to see what CRIA is coming up with next.
  • by plalonde2 ( 527372 ) on Wednesday March 31, 2004 @04:58PM (#8729157)
    The issue is that making a copy for personal use is leagal in Canada. We pay a tax on recording media in exchange for this. Giving a copy to someone is illegal, and if I read it right the judge doesn't consider leaving data on a shared drive "giving" it to someone.

    Sanest decision I've seen in a while. Of course the NAFTA IP rationalization stuff that's going on will try to ram US values down the rest of our throats, further causing us to vilify americans.

  • Re:OH Canada. (Score:2, Insightful)

    by sin(theta) ( 609000 ) on Wednesday March 31, 2004 @05:29PM (#8729633) Homepage
    You obviously aren't aware of why CanCon exists in the first place.

    The CanCon rules were put in because Canadian content providers were *not* presenting Canadian content at all. Canadian radio stations would *not* play Canadian music. And this has nothing to do with quality. There was no such thing as fair competition; radio producers would throw out demos without listening to them. Canadian musicians had no chance.

    The only way that Canadian musicians could get popular in Canada is if they made it big in the States beforehand. Think of how many Canadian musicians you actually know of before the 1970s. Neil Young? Robby Robertson? Paul Anka? All of whom gained fame south of the border first.

    So bitch all you want. But our content situation Would be in an even *worse* situation without CanCon.
  • by theancient2 ( 527101 ) on Wednesday March 31, 2004 @05:44PM (#8729829)
    This is exactly why the blank media levy works in our favour. We already pay something to the artists, and that's why the copyright laws give us the freedoms they do.

    Also, Canada imports most of its music from U.S. record companies anyway. Why spend effort protecting mostly foreign interests? Don't send your money to Brittney Spears -- buy locally!
  • Re:In that case... (Score:3, Insightful)

    by bl8n8r ( 649187 ) on Wednesday March 31, 2004 @05:54PM (#8729969)

    >If law enforcement comes knocking and tells me
    >that one of my clients threatened to kill the
    >President or blow up the school then that's
    >quite another story (somebody's life might be
    >in danger).

    How can you say that, dude? The lives of Hilary Rosen and Jack Valenti are most certainly in danger if someone is pirating songs or movies. Hilary might not get that Caviar Flambe' Cheese Souffle for breakfast and starve to death, and Jack might get killed in an auto accident because he couldn't afford the air bag upgrade for his H2 and drove the Testarosa that day instead - and all because you couldn't find the time to "dig through" your damn log files. ...Sheesh.
  • by kwandar ( 733439 ) on Wednesday March 31, 2004 @06:04PM (#8730099)

    "OK, think about this for a minute. Canadian law can't work the way the summary implies, because Canadians aren't idiots. To work reasonably, a legal system needs a way to allow you to discover the identity of someone you want to sue if they have done something that makes them legally liable to you. "

    Actually, it works this way because the CRIA failed to establish a liklihood of infringement by the parties they were going after, or that the names would even bind to the IPs.

    IF there was real infringement and IF they names were likely to attach to the IP numbers provided by the CRIA, the Court would undoubtedly allow the CRIA to have the names.

    What you may not realise however, is that the Court stated that merely having files in a folder available for sharing (or even being shared) is not copyright infringement, and this is where the CRIA's case really fell apart. They'd have to show you "actively" distributing (eg. advertising that you had the files available, or pushing an upload now, button).

  • Prove it! (Score:3, Insightful)

    by fprefect ( 14608 ) on Wednesday March 31, 2004 @06:05PM (#8730101)
    The irony is that, in order for the RIAA or whoever to prove that a user downloaded copyrighted material, they'd have to post it themselves to the network -- which, being the copyright holder, would make it legal to download.
  • by Anonymous Coward on Wednesday March 31, 2004 @06:07PM (#8730132)
    It's right there in the title "Liberal Party of Canada"!

    So? North Korea's official name is "Democratic People's Republic of Korea"...

    --

  • by denis-The-menace ( 471988 ) on Wednesday March 31, 2004 @06:30PM (#8730482)
    look it up [cambridge.org]
    "a group of similar independent companies who join together to control prices and limit competition"
    Do they control prices?
    Do they limit competition?
    Of course they do! They it's a Cartel!
  • Re:Half-truths (Score:1, Insightful)

    by Anonymous Coward on Wednesday March 31, 2004 @06:49PM (#8730728)
    ... Sure gloat about the War of 1812. Not to mention it was the Brits that burned down the White House, led by Major General Robert Ross....

    Of course it was the Brits, Canada didn't become sovereign until 1867. duh. dolt.

  • by bonch ( 38532 ) on Wednesday March 31, 2004 @07:30PM (#8731221)
    Slashdot circa 2000:
    "They shouldn't be suing Napster or Kazaa, they should sue the individual copyright infringers! That is the legal and moral thing to do."

    Slashdot circa today:
    "Nobody should be suing anybody! I have no good reasons."
  • More weirdness (Score:2, Insightful)

    by bitspotter ( 455598 ) on Wednesday March 31, 2004 @10:42PM (#8732963) Journal
    What happens when Trusted Computing architectures meet these p2p services, and a "bug" is found that allows anonymous access to all shared content? What if the network operators refuse to expire the certs on the "buggy" software? Are they liable for the infringement of the users, who refuse to stop using the software because they use it for other things?

    The users can't stop the copies from being made because they're locked into the software, and shouldn't be expected to stop using the service (which they use for other reasons).

    The authors can't be expected to be liable for the (mis)use of software bey their userbase, so long as it has a "substantial non-infringing use".

    Vendor lock-in meets free speech.

    OK, I know I'm way out west, here...
  • by iamghetto ( 450099 ) on Wednesday March 31, 2004 @11:06PM (#8733176) Homepage
    I was reading through some threads here about the canadians isp's not having to give up file-sharers names and I didn't see this point mentioned. The judge didn't keep the isp's usersname's secret because of the users or companies right per se. The judge turned their request down because he did not believe that the any copyrights had been broken as a result of the user participating in file sharing. HA!

    I'm not sure if the lawyers just made a really weak case or what the deal was, but the judge just didn't think that the users were violating any copyrights, ergo, there was no need to reveal their names.

    It's true. My Canadian news told me so.

I've noticed several design suggestions in your code.

Working...