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Thread: Canada Goes After P2p File Sharers

  1. #1
    MagicNakor's Avatar On the Peripheral
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    The music industry's virulent sue 'em all subpoena campaign is taking on interesting new dimensions.

    The RIAA has the US sewn up tight, its Dutch look-alike, BREIN, has announced plans to sue independent file sharers in The Netherlands, and now the CRIA (Canadian Recording Industry Association) has jumped on the American bandwagon.

    Sadly, however, it isn't able to sue anyone, or swamp the country with subpoenas, unlike its counterpart across the border.

    Instead, it's going to 'send warnings' to people engaged in p2p activities.

    The CRIA (which no one in Canada has ever heard of) maintains a full time anti-piracy unit which among other things, monitors the Net. "This is a very active section that is currently addressing the challenges of escalating internet piracy," says CRIA president Brian Robertson.

    Precisely what its warnings will achieve is anyone's guess. That's because, contrary to RIAA belief, Canada isn't part of America and the DMCA doesn't apply here, a situation the CRIA and its industry supporters in Canada are trying desperately to remedy. Until they do, however, things couldn't be clearer: Canadians can safely copy music, as long as it's for personal use and not for redistribution.

    BUT ... the CRIA's outburst gives the appearance that it's in the game and looks good on paper - or, rather, in a paper.

    Globe & Mail reporter Jack Kapika states in Can it happen here?:

    "[...] in Canada, the [music] industry is collecting a levy on recordable CDs. (It now wants to extend this to MP3 players, flash memory and blank DVDs. Ordinary PC hard drives could be next on their list, but the industry fears wrath of the giant computer hardware industry, and has held back on demanding a levy on hard drives).

    "All Canadian file-sharers — in fact all those who buy recordable CDs, even if not for recording music — have for several years paid for the privilege of downloading songs via peer-to-peer programs.

    "The Canadian Copyright Copying Collective, which pushed for and administers the levy, has already hauled in close to $80-million over the past several years for losses supposedly due to sharing music files.

    "So the industry is already being compensated, and it would be very difficult, under current legislation, to persuade a court to salve the wounds of the record companies and their related organizations by suing individuals for even more money. The levy was the result of an industry demand, and if the industry feels it is still not being properly compensated, then it must address itself to the Copyright Board, which sets the rates, and not file-sharing individuals. (The CPCC has been trying to get the Copyright Board to raise the rates dramatically. A decision is due soon.)"

    I'm Canadian and I live on Vancouver Island in British Columbia, just up the road from Seattle.

    A while back I did a story for a local paper and in it said, "Downloading music (and playing online) is what 57% of our children like best," states Canada's Media Awareness Network in 'Young Canadians in a Wired World: The Students' View 2001,' a nationwide survey of internet use among Canadian youth.

    But, "only 6 per cent of parents are aware that their kids download".

    And, "around four percent of users on file sharing networks are Canadian, meaning roughly 200,000 Canadians are typically logged on to a p2p service at any given time," Redshift Research's Matt Bailey told me for the same story.

    The owner of a computer service near where I live sees at least 30 computers every month and, "85% have p2p software," he told me. "It's automatic. If there's a teenager in the house, Kazaa is on the machine."

    In another G&M story here, Jack Kapika says the Canadian instant-message program is, "designed to inform Canadian users of file-sharing systems of the damage they are inflicting upon the thousands of people involved in the creation of music, as well as to warn them of the legal implications they might face," according to a statement from Robertson a statement.

    In the meanwhile, the CRIA message reads: "Warning - It appears that you are offering copyrighted music to others from your computer. While we appreciate your love of music, please be aware that sharing copyrighted music on the Internet without permission from the copyright owner is illegal. When you do so, you hurt the artists, songwriters and musicians who create the music and the other talented individuals who are involved in bringing you the music.

    "More than 40,000 Canadians work hard producing and supporting the music you appear to enjoy, including producers, engineers, retailers, music publishers, distributors, manufacturers, record companies, concert promoters and broadcasters.

    "When you break the law, you risk legal penalties. There is a simple way to avoid that risk: DonΉt distribute music to others on a file-sharing system like this. For further information, please go to www.cria.ca.

    "Remember that you need music and music needs you."

    That should do it, eh?


    Source: http://news.dmusic.com/print/7419
    Posted simply because there seems to be some confusion about how all of this pertains to Canada.

    things are quiet until hitler decides he'd like to invade russia
    so, he does
    the russians are like "OMG WTF D00DZ, STOP TKING"
    and the germans are still like "omg ph34r n00bz"
    the russians fall back, all the way to moscow
    and then they all begin h4xing, which brings on the russian winter
    the germans are like "wtf, h4x"
    -- WW2 for the l33t

  2. File Sharing   -   #2
    MagicNakor's Avatar On the Peripheral
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    And another from the Globe and Mail.

    The U.S. recording industry is firing off about 300 lawsuits a week against file-sharing individuals. But nothing of the sort has happened in Canada.

    Can it happen here?

    Brian Robertson, president of the Canadian Recording Industry Association, the local counterpart of the Recording Industry Association of America, has thundered on about "piracy" and has threatened similar action.

    But a look at our legal structure and our copyright laws suggests Mr. Robertson may be doing little more than rattling his sabre.

    Though Canadian copyright experts can't say for sure what would happen if CRIA were to sue Canadian individuals, they agree it would not be a slam-dunk.

    In the first place, most of the complaints against U.S. file-sharers flow from the 1998 Digital Millennium Copyright Act, which toughened many copyright restrictions.

    The RIAA is using provisions of the DMCA to force Internet service providers to reveal the identities of subscribers using peer-to-peer (P2P) networks such as Kazaa. Those users go by nicknames, and so the RIAA's on-line watchdogs can see only that someone called, say, PartyGrrl53 is sharing 600 songs, and that PartyGrrl53 can be traced to an IP address belonging to a certain ISP. After that, the ISP is required by law — the DMCA — to reveal that subscriber's name.

    But the DMCA does not exist in Canada. Our own recording industry is pushing very hard to get an act like it, but we don't even have draft legislation.

    The Canadian Copyright Act is a lot different from U.S. law. Our act says it is perfectly legal to copy music for your own purposes. The language clearly says that "the act of reproducing all or any substantial part of a musical work embodied in a sound recording, a performer's performance of a musical work embodied in a sound recording, or 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."

    It's telling that the only time the CRIA website uses the word "illegal" in the pages it devotes to piracy is in reference to U.S. industry losses, not Canadian ones. The word "theft" is not used at all.

    But file-sharers may find it more problematic when it comes to uploading their music files. The act says the right to copy "does not apply if it … is done for the purpose of … selling or renting out, or by way of trade exposing or offering for sale or rental, distributing, whether or not for the purpose of trade."

    Worried Canadians can always disable access to their shared-0files folder, but that would spell trouble for the entire P2P community; without something to share, no one would have anything to download. The whole idea of file-sharing networks depends on upload as well as download.

    Lawsuits against Canadian downloaders are also likely to collapse if they were to be tested in court.

    That's because in Canada, the industry is collecting a levy on recordable CDs. (It now wants to extend this to MP3 players, flash memory and blank DVDs. Ordinary PC hard drives could be next on their list, but the industry fears wrath of the giant computer hardware industry, and has held back on demanding a levy on hard drives).

    All Canadian file-sharers — in fact all those who buy recordable CDs, even if not for recording music — have for several years paid for the privilege of downloading songs via peer-to-peer programs.

    The Canadian Private Copying Collective, which pushed for and administers the levy, has already hauled in close to $80-million over the past several years for losses supposedly due to sharing music files.

    So the industry is already being compensated, and it would be very difficult, under current legislation, to persuade a court to salve the wounds of the record companies and their related organizations by suing individuals for even more money. The levy was the result of an industry demand, and if the industry feels it is still not being properly compensated, then it must address itself to the Copyright Board, which sets the rates, and not file-sharing individuals. (The CPCC has been trying to get the Copyright Board to raise the rates dramatically. A decision is due soon.)

    As one copyright lawyer put it, "The music industry seems to want it both ways — to collect as much money as possible from practically everyone who buys blank CDs, DVDs, flash memory and so on, regardless of whether they download or copy music, and then to intimidate and accuse the downloaders of being pirates and thieves."

    All this suggests that using the legal system as a weapon in a scare-tactic campaign to dissuade file-sharers — the industry has been quite honest about this — is not something that would be as easily accepted in Canada as it is in the United States, where litigation is part of daily life.

    And even there, the RIAA action is already headed for trouble. Senator Norm Coleman, chairman of the U.S. Senate Permanent Subcommittee on Investigations, last week demanded an accounting of how the scare tactic is working. "The industry seems to have adopted a 'shotgun' approach that could potentially cause injury and harm to innocent people," he argued. Moreover, several universities, along with telecommunications giant SBC Communications, are contesting the subpoenas.

    It's no slam-dunk that the RIAA will succeed in stopping peer-to-peer networks in the United States by resorting to the courts. In Canada, it's not even likely the recording industry is going to get far enough down the court to even try for the basket.

    -JACK KAPICA
    things are quiet until hitler decides he'd like to invade russia
    so, he does
    the russians are like "OMG WTF D00DZ, STOP TKING"
    and the germans are still like "omg ph34r n00bz"
    the russians fall back, all the way to moscow
    and then they all begin h4xing, which brings on the russian winter
    the germans are like "wtf, h4x"
    -- WW2 for the l33t

  3. File Sharing   -   #3
    What Idiots...

  4. File Sharing   -   #4
    The CRIA (which no one in Canada has ever heard of)
    Very true, and very funny.

    I love alot of quotes from that story.

    Sadly, however, it isn't able to sue anyone, or swamp the country with subpoenas, unlike its counterpart across the border.

    Instead, it's going to 'send warnings' to people engaged in p2p activities.
    Oh a warning.

    Thanls fot posting this, i started reading but got lazy earlier at work, so I am glad it is put infront of me to remind me to finish it now.

  5. File Sharing   -   #5
    internet.news
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    oh, don't worry - but in canada the atmosphere is different, isn't it?

    ok, in germany there is an organisation also called GEMA, which take care
    of the songs text e.g. not to appear twice times at differnet artist :)

    But in germany - not after p2p - but policemen and women try to find
    people who have childporn or try to sell it. Well that is good...

    Sometimes these people have thousand of suspicious material...

    but anyway although canada is sending warnings, I will continue
    sharing my files, cause there is more behind sharing:
    "We have to share our thoughts openly to understand each other better."

    ...and if they would take me to court, I will them that on the one side I understand these issues on the other side shairng of thoughts is important also OFFLINE!

    thanks anyway, david.

  6. File Sharing   -   #6
    Double Agent
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    Canadian Recording Industry Association? never heard of that piece of crap...

  7. File Sharing   -   #7
    Didn't even know we had such a thing LOL

  8. File Sharing   -   #8
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    is there a iura lol a iraq united recording association?

  9. File Sharing   -   #9
    RPerry's Avatar Synergy BT Rep: Bad Rep
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    Originally posted by RapFan@12 September 2003 - 07:29
    is there a iura lol a iraq united recording association?
    If there isn't one, there probably will be soon. I'll bet the RIAA is funding this themselves, just to be pricks.

  10. File Sharing   -   #10
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    haha thats all we need is americans ripping iraq off we are haveing trouble rebuilding already

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