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Canadian High Court Says ISPs Don't Owe Royalties 486

canwaf writes "According to the CBC, and the other guys: In a 9-0 decision, Canada's highest court ruled, despite the fact that ISPs provide the means for piracy, they are not liable for what people download. They continue in their decision that Internet access providers are not bound by federal copyright legislation. Coupled with an earlier story on Slashdot, this is a very good thing." Edward Scissorhands was one of many readers to link to the Globe and Mail's article, too.
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Canadian High Court Says ISPs Don't Owe Royalties

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  • Good precedent (Score:3, Interesting)

    by mirko ( 198274 ) on Wednesday June 30, 2004 @11:21AM (#9571228) Journal
    I hope it won't be overruled by others who might qualify the infrastructure they provide as a medium, like the CDR which are taxed in France and other countries.
  • by iomanip ( 775663 ) on Wednesday June 30, 2004 @11:22AM (#9571230) Homepage
    are royalties treated different in a monarchy?
  • Good news (Score:2, Insightful)

    by xyvimur ( 268026 )
    Good to hear that at least some people - and this time lawyers - have some reasonable ways of thinking.
    • Re:Good news (Score:4, Insightful)

      by Anonymous Coward on Wednesday June 30, 2004 @11:29AM (#9571315)
      Could it be the deep pockets of the defendants: Bell, AOL, and Sprint are the reason for the good news? The plaintif was SOCAN (Society of Composers, Authors and Music Publishers of Canada) a relatively small, poor group of artists. Don't get me wrong, I think this is a good decision, but I'm just saying it helps to have billionnaire multinational corporations fighting for your rights. Or are they really fighting for their right to charge you $50/mo so you can download stuff for "free"?
      • Re:Good news (Score:3, Informative)

        "Don't get me wrong, I think this is a good decision, but I'm just saying it helps to have billionnaire multinational corporations fighting for your rights. Or are they really fighting for their right to charge you $50/mo so you can download stuff for "free"?

        Good point. Though I'd like to point out that broadband is canada is much cheaper than it is in the USA. 3.0/640K DSL for CDN$35/month, no caps, limits, or threatening letters when you go over your 'unlimited' quota [golden.net]. (I don't work for this company

      • Re:Good news (Score:3, Informative)

        SOCAN isn't poor. SOCAN has LOTS and LOTS of cash.

        The reason being that every artist and label in the country pays into them, and they charg for radio play of members' music pretty much everywhere.

        In fact, I remember a lawsuit with a local restaurant who was playing CDs over the stereo system and got the stick from SOCAN because he wasn't paying his royalties (not that there was much sympathy in the community for him, since that guy was a raging asshole).

        I could be wrong on the details, but I'm sure t

  • by TEMM ( 731243 ) on Wednesday June 30, 2004 @11:24AM (#9571254)
    I am glad that this ruling came so quickly after the ruling that ISP's are not required by law to produce the names of people on their networks who are suspected filesharers.
    • by WinnipegDragon ( 655456 ) on Wednesday June 30, 2004 @11:59AM (#9571666)
      As a Canadian, I just want to tell you how these rulings all effect me and my family and friends: I buy lots of music, movies and software. Lots. More than lots.

      I download music and movies and (very occasionally) games without fear of reprisal, since the Supreme Court here actually interprets our law correctly, by reading both the letter and the spirit of the law.

      One supports the other. If a movie/song is terrible, I delete it. If it's good, I buy it, and often, other movies/songs by the same artists. If you track my spending habits, my downloading is directly linked to my spending. I'm the same way with books, I hit the library and if I read something I know I want to read again, I buy it.

      I know this is a rant, but I hope the rest of the world realizes that THIS IS HOW COPYRIGHTS SHOULD WORK!

      • by dave420 ( 699308 ) on Wednesday June 30, 2004 @12:32PM (#9572027)
        Exactly - would you buy a car without test-driving it? Absolutely not. Expecting people to fork out tens of dollars on something that could very well turn out to be unstomachable crap is asking a lot. Letting us get our media in a convenient way means we can properly determine whether we like a particular piece. If we do, we're inclined to buy it. What's wrong with that? The only losers are those who rely on people not being able to see how crap their movie/album is before going to see/buy it. They need that money, as they damn well know no-one's going to spend a single cent on seeing/buying it if they knew what rubbish it was.
      • by Honest Man ( 539717 ) on Wednesday June 30, 2004 @12:34PM (#9572059)
        I could not agree more and I've been saying the same thing for years in as many places as possible.

        As Americans, we have to be a tad more cautious about what we 'share' but doesn't really effect our downloading (while running peerguardian, to make sure downloads don't come from the riaa/mpaa lol).

        Joking aside though - when I have downloaded in the past it was directly tied to what I bought later. I simply wont buy music/movies I have not downloaded and I simply will not pay $20 for a cd that two years from now I can buy at $9 on the discount rack. This also comes into play with our economy right now - being in this recession (they call it what they want but until they can sustain their family on less than $20,000/yr I don't even hear the words coming out of their unknowledgeable mouths) it's directly effected how people buy things in this Country and 'yes' sales are down (and will stay down) in some segments of music/movies - whooptie doo - when everyone's working and happy, they spend more money....

        Anyway - I'm glad the will of the People is heard in Canada on this issue.. Too bad the pockets are lined too thickly here in the US for the common people to be heard anymore.

        -Peace!
  • by garcia ( 6573 ) * on Wednesday June 30, 2004 @11:25AM (#9571261)
    I just don't see why this needed to be decided on. Telcos aren't responsible for people who discuss illegal activities. How would an ISP?

    ISPs are just carriers and they shouldn't have even had to waste the Court's time to show that.
    • by xyvimur ( 268026 ) <koo3ahzi AT hulboj DOT org> on Wednesday June 30, 2004 @11:26AM (#9571289) Homepage
      Well... recently we can observe many strange precedents, especially in the US.
      Most of us know that it's obvious, unfortunatelly there are groups which want to convince people that ISP are responsible.
      • Exactly. (Score:5, Insightful)

        by Saeed al-Sahaf ( 665390 ) on Wednesday June 30, 2004 @11:37AM (#9571426) Homepage
        Well... recently we can observe many strange precedents, especially in the US...

        Well, this may sound like a troll, but it's basically true: Here in the US, most laws and court cases involving business are not decided on logic and right and wrong, they are decided on which lobyists have greased the right palms and preformed the best fellatio.

        • Re:Exactly. (Score:5, Funny)

          by Citizen of Earth ( 569446 ) on Wednesday June 30, 2004 @11:52AM (#9571593)
          Here in the US, most laws and court cases involving business are not decided on logic and right and wrong

          Time to make a run for the border!

          they are decided on which lobyists have greased the right palms and preformed the best fellatio.

          I'm sure there are some cunning linguists out there, too.
        • Re:Exactly. (Score:4, Informative)

          by Methuseus ( 468642 ) <methuseus@yahoo.com> on Wednesday June 30, 2004 @12:54PM (#9572264)
          You're absolutely right. The people with the most money (media companies) want to attack those with less (ISPs and private citizens). That way they can get even more money and have less and less chance to have someone compete against them.
    • Well, the copyright holders disagree with you (and the ISPs). They wanted the ISPs to pay but the ISPs didn't want to. In any dispute like this, the courts will get involved. Fortunately, they sided with the ISPs.
    • Not that I would support it,
      but if there existed applications similar to squid or some p2p caching apps for the telephone networks, I am dead sure there would have been some or the other discussions like this regarding telcos as well

    • by lynx_user_abroad ( 323975 ) on Wednesday June 30, 2004 @11:40AM (#9571456) Homepage Journal
      Telcos aren't responsible for people who discuss illegal activities. How would an ISP?

      Because (in the US at least) ISP are not defined by the law to be Common Carriers.

      A Common Carrier is required to carry whatever content is provided on a non-discriminatory basis. That means they don't get to drop something just because they don't like it (as ISP's routinely do with SPAM and such). But because they have to carry it (even if it may be illegal) they can't be held responsible for doing so.

      This ruling could be read as a move toward common carrier-like status for ISP's. That could be good for people who want to pass MP3's around, bad for people who want SPAMers to not be able to fill their inbox with crud.

      However, if the ruling had gone the other way, we might well have seen ISP's get a certified right to block SPAM, MP3's, and anything else they didn't like, including HTTP requests to competing search engines, and VoIP packets where the ISP isn't getting a cut of the call toll.

      It's an interesting ruling, but the roulette wheel is still spinning, and the ball is still bouncing.

      • by pegr ( 46683 ) * on Wednesday June 30, 2004 @11:50AM (#9571568) Homepage Journal
        A Common Carrier is required to carry whatever content is provided on a non-discriminatory basis. That means they don't get to drop something just because they don't like it (as ISP's routinely do with SPAM and such). But because they have to carry it (even if it may be illegal) they can't be held responsible for doing so.

        But unlike telcos, ISPs provide more than a wire. They provide services, such as email and DNS. Using your logic, I could see that an ISP, as a common carrier, would have to carry the spam, but as a service provider could then very well not deliver it. It's mildly similar to call-blocking features sold by the telcos. Sound reasonable?
        • by FreeUser ( 11483 ) on Wednesday June 30, 2004 @12:35PM (#9572065)
          But unlike telcos, ISPs provide more than a wire. They provide services, such as email and DNS. Using your logic, I could see that an ISP, as a common carrier, would have to carry the spam, but as a service provider could then very well not deliver it. It's mildly similar to call-blocking features sold by the telcos. Sound reasonable?

          It actually is simpler than that.

          Define ISPs as common carriers (after all, in 99.999% of the cases that is effectively what they are, and any other course leads to a madhouse of government regulation and oversight).

          Define SPAM to be illegal, just as SPAM faxes are illegal, and just as obscene and threatening phone calls are illegal.

          Then, place enforcement where it belongs, with the authorities (who can require cooperation from ISPs), not the ISPs themselves, who should be in the business of providing connectivity and services, not enforcing the law.

          Those services, as you correctly point out, would (and already do) logically include mail filtering software of varying quality.
          • Define ISPs as common carriers...

            That's the clearly obvious solution. I think most slashdotters would agree in an instant.

            Be advised that there are segments of the industry who have vowed to never allow this to happen (again, at least in the US). They use language like "...nationalizing the infrastructure we've built with private investment..." and other such arguments. Their logic follows the general train of thought that, since (for example) the cable company paid to put down the wires, they should

  • by Anonymous Coward on Wednesday June 30, 2004 @11:25AM (#9571268)
    The US supreme court found the atmosphere, specifically oxygena and nitrogen responsible for copyright violations since the atmosphere is the medium through which pirated music is heard.

    The atmosphere's lawyer, Moria, had no comment, but whooshed out of the courthouse with a whistling sound.
  • by Sheetrock ( 152993 ) on Wednesday June 30, 2004 @11:26AM (#9571284) Homepage Journal
    The ISPs are in a good position to help in such cases, and may very well be essential to law enforcement in other areas as well. The problem with such a ruling is that sometimes you need to put some stress on a company to get any positive response from them with regards to things like spam.

    On the other hand, if prosecuting copyright violations becomes too difficult to be worth it maybe a better system will ensue?

  • by b0r0din ( 304712 ) on Wednesday June 30, 2004 @11:27AM (#9571290)
    Let's see: Pros
    1) Not hated by the world
    2) Speak mostly English
    3) Hockey
    4) Weaker music industry lobby.
    5) Lower Crime Rate
    6) No Bushes

    Cons:
    1) Cold
    2) Curling
    3) French-speaking People
    4) French-speaking People

    Not much of a decision here.
    • Pros
      1) Except for the US and Canada. ;-)
      2) Depends on where you are. Eastern Canada has some STRANGE dialects
      3) Yup. Can't argue with that.
      4) Makes me want to go buy a flag.
      5) That's mainly because everyone is too busy getting munchies to bother with much crime
      6) Oh, we have plenty of bushes. We just don't have any of the George W. variety.

      Cons:
      1) It's only a little chilly 10 months of the year.
      2) It's better than football.
      3) Stay out of the east
      4) Come live in the west, and you to
    • by arth1 ( 260657 ) on Wednesday June 30, 2004 @11:41AM (#9571484) Homepage Journal
      Let's see: Pros
      1) Not hated by the world
      2) Speak mostly English
      3) Hockey
      4) Weaker music industry lobby.
      5) Lower Crime Rate
      6) No Bushes

      You forgot
      0) Real Beer

      Regards,
      --
      *Art
      • 0) Real Beer

        Please, people! Stop arguing over whether moose piss or horse piss tastes better and just agree that it's all ungulate piss.
      • *sigh* (Score:3, Insightful)

        by gstoddart ( 321705 )
        As a Canadian and a (former) beer-making hobbyist, I must say this on-going thing of Americans not having 'real beer' is sill. This whole thing boils down to two main differences:

        1) Alcohol by volume (used in Canada) and alcohol by weight (used in the US) make it look like Canadian beer has a higher true alcohol content. Do the conversion and they are the same. 4% ABW is almost the same as 5% ABV.

        2) How much hops and how roasted the grains that are used in the beer. Since Budweiser uses a lot of ric
    • by Space Coyote ( 413320 ) on Wednesday June 30, 2004 @11:47AM (#9571536) Homepage
      Dude, have you _been_ to Montreal in the summer? Learn to speak some French, it's worth it for the ladies :)
    • by Paulrothrock ( 685079 ) on Wednesday June 30, 2004 @12:04PM (#9571712) Homepage Journal
      Forgot three things:
      7) Free health care
      8) Polite people
      9) Chicks can go around topless.
    • One of the reasons we are not hated by the world is we are not so intolerant and in fact appreciate different cultures. Partially because we support diverse culture within our country(admittedly officially only two, but there are historical reasons for that and its a start).

      I certainly enjoy visiting Quebec and having French friends for a bit of diversity. So with your shallow comments I'd just as soon you stay out of the country.

      The whole anti French thing is more than a bit tired and really counter prod
  • by x0n ( 120596 ) on Wednesday June 30, 2004 @11:27AM (#9571293) Homepage Journal
    So, what else can they sue?

    CDR/CDRW discs: they facilitate recording pirated music;

    Sound Card manufacturers: they facilitate ripping;

    Loudspeaker makers: we can hear pirated music through this equipment.

    My ears -- yes! sue my ears. They faciliate hearing this music!

    Emm, I'm digging now, ehh; why not sew my lips shut too. I can whistle a tune without paying royalties.

    See where this is going? DO YOU? DOOO YOU???

    - Oisin

    • Ears (Score:2, Funny)

      by mfh ( 56 )
      > My ears -- yes! sue my ears. They faciliate hearing this music!

      Now that you mention it, in the States, your ears would be sued by the RIAA for copyright infringement, along with the rest of your body, if you downloaded pirated music. In Canada, however, your ears could not be sued because it's legal to download pirated music, just illegal to distribute it to other people. No word out on Torrent files, as they do both by default. My guess would be that in Canada you could not be held liable for downlo
    • Oh please.

      Your ears have no money, it's the headphone makers they need to sue! Those guys are rolling in cash, and think how many pirated songs are listened to on their merchandise. Plus I hear they keep their money in banks, and terrorists keep their money in banks too, so they must be in league with the terrorists!
  • Terrible! (Score:5, Funny)

    by orthogonal ( 588627 ) on Wednesday June 30, 2004 @11:27AM (#9571298) Journal
    In a 9-0 decision, Canada's highest court ruled, despite the fact that ISPs provide the means for piracy, they are not liable for what people download. ...this is a very good thing."

    Good? This is horrible!

    How am I to continue my suit against paper-makers and ink producers on behalf of book publishers?

    Oh, wait, I can still do that in the "Land of the Free", the United States.

    (It's the land of the free for corporations -- they can get away with anything. It's the land of the fee for taxpayers.)

  • Dear RIAA (Score:5, Funny)

    by tod_miller ( 792541 ) on Wednesday June 30, 2004 @11:28AM (#9571309) Journal
    Please find enclosed all the tapes I made during the 90's of my favourite music, and a handy list of radio stations that I taped them off. You may now sue their asses, as they provided the means for me to infringe upon your copyrights.

    The music is watermarked with a primitive technology called a 'jingle' that will help you identify which station it was.

    Sincerely

    Tod
  • Comment removed (Score:5, Interesting)

    by account_deleted ( 4530225 ) on Wednesday June 30, 2004 @11:29AM (#9571316)
    Comment removed based on user account deletion
    • Re:Eh? (Score:4, Funny)

      by aardvarkjoe ( 156801 ) on Wednesday June 30, 2004 @11:38AM (#9571431)
      I had always wondered what Canada is up to...they seemed to be a very neutral and uneventful country to me for a long time.
      That's just because they hibernate eleven months out of the year.
      • Re:Eh? (Score:3, Funny)

        by Anonymous Coward
        I'm sure glad you yanks continue to fall for our propaganda.... whatever keeps out your unwashed, gun-toting, uninsured masses. Brrrr! Sure is cold up here in July :)
    • by DeadVulcan ( 182139 ) <dead.vulcan@nOspam.pobox.com> on Wednesday June 30, 2004 @12:09PM (#9571753)

      not to mention bud is basically legal there!

      If by "basically legal" you mean "in practice," then you're basically right. The police tend not to make much effort to prosecute for marijuana possession in Canada.

      This is way off-topic, but I want to dispel a misconception. Conan O'Brien once mentioned on his talk show that "Canada's parliament is considering legalizing marijuana..." This was so inaccurate as to be totally incorrect. In fact, at the time, there was a senate committee report that recommended that parliament consider decriminalizing marijuana.

      So it wasn't parliament, by which one typically means the House of Commons (the elected lower house), it was the Senate (the unelected upper house). And it wasn't even the whole Senate, but just a committee. They weren't "considering," it was just a report that made a recommendation. And nobody was talking of legalization, just decriminalization, the difference being that it's still not legal, but you just wouldn't get thrown in jail, nor will you get a criminal record for possession - just a fine, rather like a traffic violation.

      Some time later, a decriminalization bill was proposed in the House of Commons, but I believe it was dropped when the election was called about a month ago, so there has been no movement by the government in terms of actual legislation. So marijuana possession is, officially, still quite illegal here.

      But we actually have the funny single-platform Marijuana Party fighting for legalization here in Canada, so who knows... Maybe someday it will be legal.

    • Re:Eh? (Score:5, Insightful)

      by Ubergrendle ( 531719 ) on Wednesday June 30, 2004 @12:20PM (#9571887) Journal
      As a proud Canadian I'm the first to trumpet our successes to whoever will listen. But...

      In all honesty, the US was a much more open a free-market society until the last few years. Aside from the absolute hard-right turn taken under the Bush administration, the aggressive nature and consolidation of media companies in the last 5-7 years has really put a chill on the US society IMHO. Note: I realise that this started under Clinton too.

      For me, there are a few significant events where the rule of law were circuvmented, or big business exercised a strong influence over the legislative bodies in recent times. These are having profound negative effects on American life and commerce.

      1. Microsoft anti-trust. Found guilty, but government backs off on any significant penalty. IBM never got off so lightly, and the results were the PC revolution.
      2. Consolidation of media ownership. Especially regarding radio. Less diversity = less room for competing opinions. More big business = more big business attitudes reflected in editorial biases.
      3. Abuse of copyright/patent system. Think EOLAS, think SCO, think Mosano, etc. Combined with a culture of litigation, this really makes you wonder if the US is unconciously abandoning its heritage of innovation. The money is compensating for this pull downwards, but will this always be the case?

      Unequivocally the US leads the North American economy...Canada has, to a great extent, benefited from this for years. But sometimes we wake up, look in the mirror, and wonder "What the hell are the neighbours doing now???". I think that, lately, our values expressed in our judicial and legislative system are more in line with what Americans expect than their political leadership have provided.
  • by grub ( 11606 ) <slashdot@grub.net> on Wednesday June 30, 2004 @11:30AM (#9571337) Homepage Journal

    In .ca we already pay a "tax"on blank CDs which goes to the recording industry. They're trying to double dip for more loot.
    Screw 'em
    • Same in USA (Score:3, Informative)

      by wurp ( 51446 )
      We pay the same 'tax' on blank music CDs in the US. Per the Audio Home Recording Act of 1992, if you use digital audio equipment and audio CDs to copy borrowed music CDs that is not a violation of copyright. The trade-off is that you pay a fee to the RIAA on every audio cd and piece of digital audio recording equipment. Of course, they don't tell you this - they just let you pay the fee on audio CDs and leave digital audio recording equipment essentially unavailable, so they get their tax and can still s
    • same in the USA, except only on "music" CD-R's
  • Its sad (Score:3, Insightful)

    by Terragen ( 727874 ) on Wednesday June 30, 2004 @11:30AM (#9571338)
    A decision so obvious as this really needs to be appreciated. Whats next? Are we going to jail FORD execs as accessories because they provided the means for the getaway for some bank robbers?

    Well at least intelligent rulings like this are a step in the right direction.
  • by debest ( 471937 ) on Wednesday June 30, 2004 @11:31AM (#9571346)
    ... the same folks who are responsible for us Canadians paying a levy on every CD-R, cassette, MP3 player, and (if they have their way) every friggen hard drive we buy! Glad to see they lost this battle.

    It's a lobby for the Canadian recording artists. They are supposed to be compensated for illegal copying, in exchange for a much more lenient definition of "legal" copying in our laws than in the USA.

    Of course, like all Canadian programs, it ends up creating a huge government-paid organization to police this whole subsidy. Can't really say if this is better or worse than clogging up the courts, as is the case in the States.
  • It's so logical (Score:5, Interesting)

    by GillBates0 ( 664202 ) on Wednesday June 30, 2004 @11:32AM (#9571352) Homepage Journal
    Canada's highest court ruled, despite the fact that ISPs provide the means for piracy, they are not liable for what people download.

    Just like gun manufacturers provide the means for killing but are not liable for what people do.

    Can anybody explain though why the courts overturned the request from the music industry to have the ISPs turn over customer's identities? I agree that was a Good (TM) development, but it doesn't seem to fit into my gun analogy.

    If the gun was used in a crime, law enforcement could force the company/dealers to turn over gun/owner/buyer information. Maybe it's because it's not law enforcement requesting the information, but deep-pocketed private parties seeking it.

    • Re:It's so logical (Score:5, Insightful)

      by schon ( 31600 ) on Wednesday June 30, 2004 @12:00PM (#9571669)
      Can anybody explain though why the courts overturned the request from the music industry to have the ISPs turn over customer's identities? I agree that was a Good (TM) development, but it doesn't seem to fit into my gun analogy.

      No, it does fit. Your prejudice is what prevents you from seeing it immediately. (See below.)

      If the gun was used in a crime, law enforcement could force the company/dealers to turn over gun/owner/buyer information.

      This is the prejudice. You're assuming that because someone made a file avaliable, that a crime was committed, where in reality, that is not so clear. The judge said as much in the ruling.

      It's not the case that the 'gun' was used in the crime, but that the courts weren't convinced that a crime occurred at all. The CRIA said "ISPs are hiding people who are illegally trading our files!", and the court responded with "no, they're protecting the identity of people who are trading files, but it's entirely possible that trading is not illegal - prove that, and then we'll talk."
  • Suing an ISP for being an accomplice to piracy is like suing a car manufacturer because someone ran you over in one of their cars, or suing a gun manufacturer for getting shot with one of their guns....it's all very, very retarded! How can any self-respecting lawyer....oops, wait a sec.....nevermind.
  • How then, does the logic follow, that maintaining a "levy" is a reasonable? Why do recording artists deserve a pay-back for my disk imaging activity?

    Does this happen anywhere other than Canada?
    • by RobinH ( 124750 ) on Wednesday June 30, 2004 @12:06PM (#9571734) Homepage
      How then, does the logic follow, that maintaining a "levy" is a reasonable? Why do recording artists deserve a pay-back for my disk imaging activity?

      You could argue that the government shouldn't tax gas to pay for the roads, because then they're unfairly taxing people who have gas lawn mowers, snowmobiles, jet ski's etc.

      However, both of these methods of taxation are based on the idea that your privacy is more important than 100% fair taxation. For instance, I heard that in some northern U.S. state they were discussing installing GPS tracking units in vehicles to charge people based on how far they drive their vehicles, because that was a fairer way to charge a usage tax. But, who wants the government tracking their movements?

      Similarly, the idea with the CD levy is to allow copying for personal use, but charge a fee to copiers of copyrighted work, and use that to pay the artists. To fairly implement this tax, it would mean you'd have to track each person and what they're copying. You run into the same issue - privacy. There is obviously a tradeoff, and I'm glad that the Canadian government seems to continually place privacy as a higher priority. I'm willing to pay a price to keep my privacy.

      The other alternative is to ban all copying, even for personal use, remove the levy, and try to get the police to enforce an unenforceable law. That doesn't look to sweet either.

      If you're going to complain about the levy, then at least come up with a workable alternative that doesn't screw somebody else.
  • Al Gore (Score:3, Funny)

    by SammysIsland ( 705274 ) on Wednesday June 30, 2004 @11:40AM (#9571459)
    I hear Al Gore invented the internet, so it is he who should be held responsible for all of this pirating!

    Awsome!

  • I wonder... (Score:4, Insightful)

    by CrimsonAvenger ( 580665 ) on Wednesday June 30, 2004 @11:40AM (#9571466)
    if this means that Canadian ISP's are now in a position such that spammers can bring suit for infringing on their privacy if the ISP's try to prevent spamming.

    Common Carrier means non-discriminatory, usually. If some content is restricted, and other content is not restricted, you stop being a common carrier.

    • Re:I wonder... (Score:3, Interesting)

      if all the ISPs are doing is providing a SPAM filtering service for their customers, then they've only got to make it an opt-in service for it to be non-discriminatory... the mail carriers have a postal preference service when it comes to junk mail, the phone companies operate a do not call list that cold callers are supposed to respect... both of these require the customer to opt-in.

      I would also expect the ISPs to include other ISPs amongst their customers, so they could get those to opt-in to bulk filte

  • by Bradee-oh! ( 459922 ) on Wednesday June 30, 2004 @11:41AM (#9571474)
    So, when I save up enough and close up the loose ends in my life here in California and decide to move to Canada, should I move to Toronto or Montreal?
    • I've lived in both cities for a number of years.

      I prefer Montreal for the vibes, but my friends in Toronto were more interesting.

      I'm also bilingual, but you don't have to be -- lots of English-only people live in Montreal too.

      I've visited the Maritimes; nice people, but unless you love drinking beer, the nightlife is pretty boring.

      Vancouver aint too shabby either. But BC is way overtaxed.

      Winnipeg is the coldest in winter, and in the summer is the national mosquito capital.

      I currently live in Ottawa,
      • I have to put in my 0.0149346 USD on Winnipeg as a place to live. I've lived or spent time in most of Canada's big cities, and Winnipeg often gets an undeservedly bad rap (see parent for example). I'm not a native Winnipegger (hell, I'm not even a native Canadian, I'm a refugee from down south), but I've lived here off and on for almost 30 years.

        True, the winters can be cold. And true, the mosquitos are a pain in the ass. But we have more than enough to make Winnipeg "the best kept secret in Canada".

        As a
    • by addie ( 470476 ) on Wednesday June 30, 2004 @12:28PM (#9571966)
      As a Canadian who has lived in both cities:

      Move to Toronto if:
      1) You have money
      2) You enjoy money
      3) You like hearing people talk about money

      Move to Montreal if:
      1) For you, money is secondary to living
      2) You speak at least a bit of French
      3) You like looking at gorgeous women
      4) You enjoy a good party
      5) You aren't offended by stripclubs, prostitutes, foul language, or loud noises...
      6) You want to see diversity and eccentricity, not conformity and safety

      It's pretty obvious which one I'd choose...
    • Have to pipe in on this one. If you're thinking of going to Montreal, then for sure, go to montreal. But if you're thinking of toronto, there are other places that might be more palatable. Vancouver springs to mind right away, but if you're wanting to live somewhere that's a bit cheaper, I recommend Calgary.

      Perhaps I'm biased having lived my whole life here, but Calgary's a growing city, has been growing like mad for years, and will be continuing to do so for a while. There's beautiful mountains near

    • by irix ( 22687 )

      My opinions ... yours may vary ...

      Toronto is a sprawling metropolis ... I prefer to live somewhere where the countryside or the cottage isn't a 3+ hour drive though congested traffic.

      Montreal has the cultural variety, but you have to live in Quebec and put up with the bullshit laws protecting "Quebec culture" and the sepratists. Nice place to visit, wouldn't want to live there.

      Vancouver is also a beautiful city, but you have to put up with the left-wing provinicial and city politics, which means getti

  • Big Glass of STFU (Score:5, Insightful)

    by groupthink ( 568205 ) on Wednesday June 30, 2004 @11:53AM (#9571604)
    I think its worth taking note this wasn't any kind of split decision on the court's part. No decension among the ranks, 9-0 is a strong decision.
    • The decision was 9-0 on whether ISPs should pay royalties for (C) music they transfer, but was 8-1 on an interesting issue regarding when a communication originates in Canada. The majority decides that a communication that originates outside of Canada can be considered to be made "in Canada". Justice LeBel's dissent focusses on the privacy implications of this decision. If an American server has to pay Canadian royalties for serving Canadian music to Canadians, it probably can't be anonymous (at the very
  • by p0 ( 740290 ) on Wednesday June 30, 2004 @12:03PM (#9571696)
    We had an incident where a customer called our support staff asking us to block pr0n for them, and blamed us for not doing so earlier. Apparently her son got a glimpse of some nasty popups while he was browsing. We had to go through a tough time explaining to her that it is the customers responsibilty to install parental control software to prevent such unwanted trouble. It shock us to hear from her that, 'even cable TV operators block ugly shows!'. Imagine!
  • by phildog ( 650210 ) on Wednesday June 30, 2004 @12:16PM (#9571835) Homepage
    I have a server I co-locate [tera-byte.com] up in Canada. I live in Northern Virginia, I've never seen their facility, just shipped off my shiny Dell one day and waited for my IP address to arrive.

    I think I'll use that box to do all my bittorrent downloads from here on out. Not sure if the privacy laws in the great white north will protect an expat like myself, but I figure my odds are somewhat better to NOT get sued up there.

  • Intent (Score:5, Interesting)

    by Anonymous Coward on Wednesday June 30, 2004 @12:20PM (#9571890)
    This is relevant: http://www.eff.org/IP/Apple_Complaint.php

    If we start accusing people of crimes for aiding the ability for another to perform a crime, we might as well throw everyone on the planet in jail. How many people does a terrorist interact with in his/her life? Is the father at fault for teaching the kid about money, whereupon the kid learns knowledge about how to abuse the system to become rich? How can possibly prove that the father had "intent" to teach the son how to do something illegal? You can't. That's why the person is the one who is blamed for their own action in breaking the law (as well as any obvious people who contributed directly to the act.)

    Further, what is blamed of a person is the action they take, not anything which leads up to the action (even the person's own thinking.) Recall the lesson to be learned by the movie/book Minority Report: though a person may show all the signs which establish intent to perform a crime, that does not mean they are guilty until they actually perform a crime. I may walk down the street and think about having sex with a woman I see walking next to me, but it's not rape until I actually go up and try to rape her.

    The problem here is that the Internet is designed for free speach, not for law or copywrite enforcement. ISPs are being targeted becuase they have a means to enforce laws. But enforcing law is not the responsiblity of an ISP. ISPs neither have the physical means to enforce copywrite nor the mandate to do so. Let the FBI create a Net Force division a la Tom Clancy, and do their own copywrite enforcement. Attacking ISPs (or universities, or any other group other then a law enforcement group) is not the answer.
  • by DrSkwid ( 118965 ) on Wednesday June 30, 2004 @12:30PM (#9571992) Journal
    At the end of this dispute [dotgeek.org] 3000 lay dead, a man was exiled and a saint was borne.

  • Comment removed (Score:5, Interesting)

    by account_deleted ( 4530225 ) on Wednesday June 30, 2004 @12:34PM (#9572051)
    Comment removed based on user account deletion
  • Good news for now (Score:5, Informative)

    by bigberk ( 547360 ) <bigberk@users.pc9.org> on Wednesday June 30, 2004 @12:57PM (#9572295)
    This ruling is good news (and in line with the Supreme Court's earlier rulings protecting individual privacy). But the fight is not over, trust me. The Heritage Committee, in their report just last month [parl.gc.ca], outlined their plans for ratifying WIPO and wants to change the laws governing ISP responsibility.

    Now parliament is out, an election was just held, and the same Liberal party is back in power (minority) with a loose coalition with the NDP party -- who quite strongly supports ratifying WIPO. So I fear that we're going to see Canadian government ratify WIPO, bringing in DMCA-like legislation into Canada. Check out the Digital Copyright Canada forums [digital-copyright.ca] and get involved if these privacy rights concern you. There is also a national petition for user's rights [digital-copyright.ca] that you can sign if you are concerned about all these 'special laws' for digital media. Remember that we live in a digital world, but the general public does not realize this. Placing strange restrictions on digital information is just hurting ourselves, and our own industries.
  • Told ya so (Score:4, Interesting)

    by serutan ( 259622 ) <snoopdoug@RABBIT ... minus herbivore> on Wednesday June 30, 2004 @01:20PM (#9572641) Homepage
    I have to admit, I saw this coming. The RIAA and others may be able to extort money by writing scary letters, but when it finally comes down to a courtroom there's no way this would hold up. Making ISPs liable for network traffic would be like making FedEx and UPS liable for the content of the boxes they ship. It's a ridiculous idea. I personally think attorneys who cooperate in filing suits with such obvious lack of merit should be prosecuted themselves for wasting the public's money, and should risk losing their license to practice law.
  • by EraseEraseMe ( 167638 ) on Wednesday June 30, 2004 @01:45PM (#9572916)
    Email sent to Heritage Minister and Prime Minister:

    Honourable Ms. Scherrer;

    I have heard your recent comments about seeking to change the Copyright Act.
    I would urge you to consider very carefully what steps are taken in any changes to this act. As the act stands, Canadians pay a levy on
    recordable media, money from which specifically goes to the music industry in compensation for supposed lost revenues.

    As such if the law is changed, I would also expect any media levies to be immediately lifted, as the proper method for handling any cases
    of copyright infringement would then fall to the music industry and the legal system of Canada, and not to a discriminatory levy applied
    to the majority of law-abiding citizens.

    Beyond this, the issue of whether revenues are lost at all is entirely debatable, as you can see in this story from the Washington Post
    citing a study done by two university researchers specializing in economics:
    http://news.yahoo.com/news?tmpl=story& u=/washpost/ 20040330/tc_washpost/a34300_2004mar29

    This issue of copyright is a very important one to me because those countries that address the issue properly stand to be at the
    fore-front of the information economy. Limiting information flow to prop up business models that simply are no longer feasible is not the
    way to go about this.

    Thank you for your time.
    Me

    Response received

    On behalf of Ms. Hélène Chalifour Scherrer, Minister of Canadian
    Heritage, thank you for your correspondence regarding potential changes to
    the Copyright Act and expressing your views regarding the private copying
    levy on blank audio recording media.

    Ms. Chalifour Scherrer appreciates your advising her of your views
    and has noted your comments with respect to these matters. Policy
    developments abroad encouraged the establishment of private copying levies
    for the benefit of authors, performers and producers of sound recordings
    long before Canada decided to establish such mechanisms. The private
    copying levy has been promoted as the only efficient mechanism to offset
    increasing reproduction capacity made available through developments in
    consumer electronics.

    The levy on blank audio recording media was developed to apply
    generally on all media ordinarily used by consumers to copy music for their
    private use. Accordingly, the law governing the levy was drafted to give
    the Copyright Board of Canada, a specialized tribunal, the authority and
    discretion necessary to accurately evaluate the appropriate portion of
    music copied onto some of the media used by consumers for any digital data.

    It should be noted that the Government is not involved in the
    collection, administration or distribution of the levy; these tasks are
    carried out by the Canadian Private Copying Collective (CPCC). Detailed
    information on the levy is outlined on the CPCC Web site at
    http://cpcc.ca/english/about.htm and the Copyright Board Web site at
    http://www.cb-cda.gc.ca/index.html.

    Information and updates on the copyright reform process, including
    issues on file sharing and the private copying levy, are available on the
    Department of Canadian Heritage Web site at
    http://www.pch.gc.ca/progs/ac-ca/progs/pda-cpb /ind ex_e.cfm.

    I trust that this information is useful. Please accept our best
    wishes.

    So, essentially, go ask THOSE people..

  • Lobbies (Score:4, Interesting)

    by p3d0 ( 42270 ) on Wednesday June 30, 2004 @02:04PM (#9573136)
    Just goes to show that Canadian big-business lobby groups don't have as much money as their American counterparts.

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