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Thread: P2p Is Legal In Canada

  1. #1
    P2P Downloading Legal in Canada

    December 12, 2003
    Thomas Mennecke

    The Canadian Copyright Board surprised many today when it ruled that downloading off a P2P network is legal. However, it points out that uploading is illegal. The paradoxal ruling reaffirms Canada's loose copyright laws.
    ''As far as computer hard drives are concerned, we say that for the time being, it is still legal," said Claude Majeau, secretary general of the Copyright Board.
    Copyright holders in Canada were quick to point out that this was not a court ruling, and the fight against music piracy was far from over.
    "Our position is that under Canadian law downloading is also prohibited," said Richard Pfohl, general counsel for the Canadian Recording Industry Association. "This is the opinion of the Copyright Board, but Canadian courts will decide this issue."

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  2. File Sharing   -   #2
    Double Agent
    Join Date
    May 2003
    heh god help the copyright holders when we all p2p behind proxy servers

    who? huh? wut?

  3. File Sharing   -   #3
    ZaZu's Avatar I know stuff ...
    Join Date
    Sep 2003
    Anonox working out well for you then huh ? dont mind the reduction in speed ?

    If you attack the establishment long enough and hard enough, they will make you a member of it.
    -- Art Buchwald --

  4. File Sharing   -   #4
    Double Agent
    Join Date
    May 2003
    Originally posted by ZaZu@13 December 2003 - 09:26
    Anonox working out well for you then huh ? dont mind the reduction in speed ?
    sorting it out with anonxo right now

  5. File Sharing   -   #5
    sparsely's Avatar
    Join Date
    Dec 2002
    static hum
    pointless, stupid, dummy government.
    pointless, stupid, dummy ruling.
    no upload=no download.

    this post is guaranteed 100% parrot-free

  6. File Sharing   -   #6
    what do I put here? BT Rep: +10BT Rep +10
    Join Date
    Jul 2003
    Australia N.S.W
    P2P is legal everywhere

  7. File Sharing   -   #7
    So, to put it another way: sharing copyright material over p2p is illegal in Canada, as it is elsewhere.

  8. File Sharing   -   #8
    Double Agent
    Join Date
    May 2003
    Originally posted by Sid Hartha@16 December 2003 - 12:13
    So, to put it another way: sharing copyright material over p2p is illegal in Canada, as it is elsewhere.
    true but as long as you have a police officer in your house you can still download like a bitach and he can't touch you

    also the stuff on my hdd can't be touched too since i "downloaded" them all so it's all good and legal

  9. File Sharing   -   #9
    Music sharers to face lawsuits
    Recording industry to borrow U.S. tactic with 'chilling impact' for online siphoning

    Robert Thompson
    National Post

    Tuesday, December 16, 2003

    The millions of Canadians who share music files on the Internet should be prepared for the possibility of facing a lawsuit early in the new year, the head of the Canadian Recording Industry Association said yesterday.

    Brian Robertson told the National Post his organization will soon begin launching legal action against Internet music uploaders.

    Uploaders are those who allow people to access music stored on their computer hard drives. In some cases, uploaders freely share hundreds of music albums with users around the world.

    The legal action will target users who upload or share music files over the Internet using services such as Kazaa, Mr. Robertson said. The Canadian Recording Industry Association, or CRIA, represents Canada's major record labels, including Sony Music and Universal Music.

    Mr. Robertson would not say exactly when legal action would be launched, noting "it will be sooner rather than later." Sources told the Post that lawsuits are expected early in 2004.

    "We've gone through a process, and spent $1-million on a value-of-music education campaign," Mr. Robertson said. "But the industry continues to be devastated by file sharing. It is regrettable that we'll have to take this action, but we've been forced to."

    According to CRIA, sales of compact discs in Canada have fallen by $450-million, or 23%, since 1999.

    Andrew Currier, an intellectual property lawyer at Toronto-based Torys LLP, said he expects a file-sharing lawsuit will have a "chilling impact" on Canadians who use free online music services.

    "What parent wants to bother retaining a $500-per-hour intellectual property lawyer to defend their child against this?" he asked.

    In September, the Recording Industry Association of America launched 261 lawsuits against users who uploaded or shared files using software like Kazaa. The lawsuits' targets included a 12-year-old girl who settled her case for US$2,000 and a 71-year-old Texas grandfather.

    From the period starting when the RIAA first threatened lawsuits, through to the weeks following the launch of legal action, the number of people using Kazaa fell by 41%, according to Nielsen/NetRatings. After the lawsuits, compact disc sales, which had been slumping for three years, began to increase.

    CRIA has retained litigation attorneys in preparation for the lawsuits. Mr. Robertson would not specify how many lawsuits would be filed, but he did say the legal action would be similar to the lawsuits filed in the United States.

    For some time, CRIA has been using software that tracks and identifies users involved in trading free music files. "Users should be aware that using file-sharing services is a very public process," Mr. Robertson said.

    Canada has approximately 3.5 million high-speed Internet users. Given the high use of broadband Internet connections, Canadians have been pegged as some of the heaviest per capita users of peer-to-peer file-sharing services in the world.

    Only one legal service in Canada, called, charges users who download music from its site. Songs typically cost 99 cents, while an album costs $9.99.

    One of the factors leading to heightened free music sharing is that there has been some ambiguity surrounding the Canadian Copyright Act, leading some to believe that sharing digital music files is legal.

    The Canadian recording industry currently receives a tariff on blank media such as MP3 players and recordable compact discs in order to compensate music companies for music sales lost to piracy.

    Last Friday, in a decision on raising levies on blank media, the Copyright Board seemed to indicate that music downloading over the Internet was not illegal.

    Michael Geist, a law professor at the University of Ottawa who specializes in legal matters related to the Internet, said the law is less murky when it deals with uploading, but there could be problems pursuing downloaders in court.

    "The Copyright Board decision doesn't preclude them from going after uploaders, but in terms of downloaders, it certainly creates a complication," he said.

    Mr. Currier said he has been waiting for a case in Canada where a music file-swapper was taken to court. He thinks it will clarify some of the ambiguity in the Copyright Act.

    "I've been waiting for an upload type case to come -- I've been looking for some clarification from the court. My sense is that the Act would catch an uploader."

    National Post 2003

  10. File Sharing   -   #10
    Double Agent
    Join Date
    May 2003
    very nice post thank you

    but i am prepared and waiting for the bastards to fall on their ass

    no worrries

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