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Cult_Of_Frank
= Black Noise Maker =
Canada
11690 Posts |
 Posted - 03/31/2004 : 12:09:30
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Good news from CTV:
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/1080754657038_76163857///?hub=TopStories
CTV.ca News Staff
Canada's music industry can't force Internet service providers to identify online music sharers, a Federal Court judge has ruled.
CTV's David Akin told Newsnet that the music companies -- through the Canadian Recording Industry Association -- had identified 29 people who had traded music online using services like Kazaa, but only by their online nicknames.
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.
The judge ruled the music companies had not provided enough evidence that any copyright infringement had occurred or that the companies could identify the individuals.
"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.
As a result, using an online download service for personal use does not amount to copyright infringement in Canada, Akin said.
That is quite different from similar rulings in the United States, where the music industry has been quite successful in suing individual downloaders.
Some lawyers were saying the music industry might have hurt its case through legal sloppiness, he said.
"They really didn't have their t's crossed and their i's dotted. They would likely go back and assemble the evidence the judge said was missing. The judge said clearly there's some tests that have to be met, and the record industry failed to meet those tests."
Once they do that, the industry can resubmit its case. Until then, Canadian online music traders are free to keep swapping songs, Akin said.
 "Join the Cult of Frank / And you'll be enlightened" |
Edited by - Cult_Of_Frank on 03/31/2004 12:12:35 |
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NimrodsSon
* Dog in the Sand *
USA
1938 Posts |
Posted - 03/31/2004 : 12:41:25
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God how fucked up is that! (not the news, the fact that they are trying to sue the music sharers) I don't really download any music anymre except bootlegs and thats just with the bit torrent downloads, not on kazaa or anything.
ˇViva los Católicos! |
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Cult_Of_Frank
= Black Noise Maker =
Canada
11690 Posts |
Posted - 03/31/2004 : 12:51:26
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Thankfully, Shaw and others stood up to them. There's a Quebec ISP that willingly handed over the names, I think.
"Join the Cult of Frank / And you'll be enlightened" |
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Cheeseman1000
>> Denizen of the Citizens Band <<
Iceland
8201 Posts |
Posted - 03/31/2004 : 13:12:45
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I think no-one has tried any legal action in the UK yet because ISP's won't hand over details. Its fair enough, because no-ones going to want to go with an ISP that could get them sued, so its sensible business practice.
I'm going to take a humungous amount of convincing before I accept that downloading actually harms sales rather than helps them. Anyone still on dial-up (e.g. me) will attest that it takes forever to download a whole album, so just the odd song makes for a pretty good advert for a band. Thats how I buy my CD's, only after checking some tracks out first.
There could be so much positive action record companies could be taking to promote their music this way and offer a viable alternative to file-sharing, but they seem intent on short-sighted profit recouping, with destructive litigation and all. It seems incredible that none of the Big 5/4 have realised the potential of genuinely credible Epitonic-style sites which not only provide the music, but recommendations, introductions and news. I guess iTunes is going some of the way, but major label focus still seems to be on legal action, which is just depressing.
 "Join The Cult Of Wormy Cheese Man/In Ten Words Or Less" |
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VoVat
>> Denizen of the Citizens Band <<
USA
9168 Posts |
Posted - 03/31/2004 : 15:07:08
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Yes, trying to sue people for what they perceive as a problem instead of getting to the root of the problem strikes me as rather stupid and mean. But if they weren't stupid and mean, they wouldn't be record executives, would they?
Join the Culf of Buttoms / Correctly spelled cults are so passé. |
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Dave Noisy
Minister of Chaos
Canada
4496 Posts |
Posted - 03/31/2004 : 23:50:37
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This is pretty cool, but it'll be back in the courts before long, after CRIA 'clean up their act' and get the info straight.
I wrote a bunch of stuff earlier today, check out my LJ:
http://www.livejournal.com/users/dave_noisy/
(And if you're on there, 'Friend' me! I'd also like to start a FrankBlack.net 'interest'. =)
 Join the Cult of the Flying Pigxies - I'm A Believer! |
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jediroller
* Dog in the Sand *
France
1718 Posts |
Posted - 04/01/2004 : 00:14:57
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I added you! :)
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Everything I say to you is gonna come out wrong anyway |
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Dave Noisy
Minister of Chaos
Canada
4496 Posts |
Posted - 04/01/2004 : 10:20:31
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Cool, i've added you too. =)
Join the Cult of the Flying Pigxies - I'm A Believer! |
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CRIA Greed Loses to Canadians' Privacy
