File sharing legal in Canada | iLounge News

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File sharing legal in Canada

“Sharing copyrighted works on peer-to-peer networks is legal in Canada, a federal judge ruled on Wednesday, handing the record industry a sharp setback in its international fight against file swappers.

Canadian record labels had asked the court for authorization to identify 29 alleged file swappers in that country, in preparation for suing them for copyright infringement, much as the Recording Industry Association of America (RIAA) has sued more than 1500 people in America.

But the judge denied that request. In a far-ranging decision, the court further found that both downloading music and putting it in a shared folder available to other people online appeared to be legal in Canada.”

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Comments

21

There is one IRONIC thing about all of this that some of us Canadians will enjoy:

We can legally download music for FREE but…. we can’t access iTunes in order to purchase music. Ironic isn’t it!!

Posted by Guy Lafleur on April 1, 2004 at 11:11 AM (PDT)

22

hey rik, its not an april fools joke, i hear it on the radio this morning and on CBC like 2 minutes ago, ur just jealous hehe

Posted by Eric Spano on April 1, 2004 at 12:43 PM (PDT)

23

Uh, rik? This storyhas been published in hundreds of magazines now. Its not an April fool.

Posted by dotdotdot on April 1, 2004 at 12:49 PM (PDT)

24

the most wonderful thing that happened since a loooong time

Posted by max on April 1, 2004 at 2:46 PM (PDT)

25

Yeah, P2P MP3 file swapping is not illegal in Canada - the story is true…for now, I’m sure it will be appealed. However, many of you probably don’t know that Canadians have to pay a copyright blank media levy! as follows:

1) $0.21 .ea on CD-R/RW
2) $0.77 .ea on CD-R Audio
3) $0.29 .ea on audio cassettes
4) $2 for each MP3 player with a capacity up to 1GB
5) $15 for each MP3 player between 1-10GB
6) $25 for each MP3 player >10GB

and we’re not really sure who gets the millions of dollars collected each year in the end!

Posted by Canuck#999 on April 1, 2004 at 6:04 PM (PDT)

26

Oh yeah,

You have to pay the fee when purchasing the CD-R/RW’s (or other blank media). That means even if you are using the recordable CD’s for JPEG’s, data or video - you pay the canadian recording industry! I would assume that’s why the fees are relatively low, or appear that way. Millions are paid for CD’s that never even see digital music files!

I’ll use WinMX to my heart’s content with no guilt - knowing I and many others are paying constantly!

Posted by Canuck#999 on April 1, 2004 at 6:15 PM (PDT)

27

This is why the RIAA SHOULDN’T be able to sue users in countries like Canada…. THEY (the RIAA) gets a “tax” on ALL media that has the potential to carry music already. basically you’re being accused and convicted for stealing their music just for buying such media- whether you do or not.

I think that suing a user that has MP3’s downloaded that has paid a copyright-infringement-loss-recovery-tax on his media should not be legally sued. Isn’t that double jeopardy? We’ve made you pay once, and sometimes twice (if you own the CD already you’ve paid for it, and the extra tax for “stealing it onto your own MP3 player”)... so they’ve already said you’re guilty and charged you? How can they justify doing it again? Isn’t that the entire purpose of that “levy” - to curb the losses of piracy that they claim will be done by the user? So you’re guilty of piracy and are paying for it already… Shouldn’t be able to be charged for it a second time!

Posted by Zor on April 1, 2004 at 7:38 PM (PDT)

28

I totally agree Zor. In fact, there was a lower court ruling earlier this year that had the same conclusion - Canadians cannot be be charged with copyright infringement for the simple reason we already pay a “copyright levy” when we purchase recordable media. (DVD’s included)

The Canadian Recording Industry Association (read big 5 record companies) still pursued copyright infringement by suing individuals based on a ‘sting’ operation. Our ISP’s refused to give them any information on the so-called high volume users, so they sued John Doe’s - I mean, what Judge could take them seriously?

Posted by Canuck#999 on April 1, 2004 at 9:24 PM (PDT)

29

The decision does NOT state that sharing copyright materials is legal. That is still illegal in Canada. The decision was only concerned with whether or not a file sharing site was illegal. The judge ruling would be similar to allowing manufacturers to make teflon-coated bullets.

Posted by no9999 on April 2, 2004 at 9:07 AM (PDT)

30

Actually no9999, that’s exactly what the judge decided with regard to sharing digital music files. We are not talking (here) about copyrighted materials in general or file sharing sites. The ruling was as follows:

“The court found that downloading music via the Internet (P2P) does not constitute copyright infringement—and the judge even raised questions as to whether uploading violates the law”.

Earlier, the Copyright Board of Canada had determined downloading music files for personal use was not illegal as Canadians pay a tax on recording media such as CDs, cassettes and hard drives in order to compensate artists, but that uploading music for others to download was. Of course the CRIA disagreed with them and tried to sue individuals.

So, right now, IT IS NOT ILLEGAL in Canada to share or download MP3 music files with P2P software. The court was not dealing with as you said ‘file sharing sites’, a program such as KaZaa does not store MP3 files on servers, it only links registered users together allowing them to search, and download from, each others shared folders/HDD’s. A file sharing site that stored copyrighted MP3 files on servers would definately be illegal.

I believe the primary goal in this court case was an attempt by the CRIA to have registered KaZaa users identified by the ISP’s so they could sue them, which was denied. 

Posted by Canuck#999 on April 2, 2004 at 2:00 PM (PDT)

31

#### Canada and #### anyone that thinks this is good.
You ####### clueless punks should work for a living instead of downloading porn and music from your parent’s internet accounts.
One day, maybe you’ll get it, until then #### off.
Canada is a piece of ####, failed socialist society.
You’re one step closer to being France.

Over.

Posted by not important on April 3, 2004 at 6:27 PM (PDT)

32

Hey “not important”.  You are not important worse yet, you are irrelevant.

Posted by Kber on April 3, 2004 at 7:26 PM (PDT)

33

Yo “not important” your just jealous because we up here in the north have a truly free and great country. Our politicians might be total dumb@$$s, but every once in a while they do the right thing.  “not important” go drink one of your pathetic americian beers and shut up.

Posted by WOLF MAN on April 4, 2004 at 3:46 AM (PDT)

34

What i don’t understand is how it can be legal to download copyrighted material from across the border.  I couldn’t go into country “X” and commit a crime according to their laws just because it’s legal in my home country.  Don’t get me wrong, I’m a supporter of P2P sharing, but I don’t support foreigners coming into our country, using our resources illegally, then delcaring how much better their country is for protecting them.

To all those Canadians crapping on the United States…get a clue.  You guys wouldn’t be sh*t without the shield of the United States. 

Posted by None of Your Business on April 5, 2004 at 12:34 PM (PDT)

35

i thought music brought us together? 

Posted by bubba on July 4, 2004 at 3:21 PM (PDT)

36

hey i just got my ipod. im getting ready to ship out to iraq and i was wondering if there were any media groups for the ipod.i.e. kazaa or napster?

Posted by Jon on July 27, 2004 at 12:37 PM (PDT)

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