quote:

Record industry case threatens everyone's anonymity online: lawyer ANGELA PACIENZA Canadian Press TORONTO (CP) - The record industry's attempts to sue people who share music online threaten to change the widely held expectation that everyone's anonymous when surfing the Internet, lawyers representing the public interest argued Monday. A ruling in favour of the Canadian Recording Industry Association would mean the loss of anonymity of anything shared using peer-to-peer software, including photos and text, for the 29 people named in the civil action, said Alex Cameron. Cameron is representing the Canadian Internet Policy and Public Interest Clinic in the Federal Court case pitting the recording-industry association against high-speed Internet service providers. "(The) effect of the order would be to strip away anonymity," said Cameron. "Those documents were shared on the assumption the sharing was done anonymously . . . (if order is granted) people will perceive that online activities are no longer anonymous." The recording industry took its first step towards lawsuits against so-called uploaders in early February. It filed a statement of claim against 29 unnamed people who allegedly shared songs with others using programs like KaZaA and iMesh. But before it can recoup cash from the alleged copyright infringers, the association has to figure out the identities of the 29 people, currently known only by pseudonyms used online such as barracuda-ben, geekboy and sweetydee11. It's hoped the courts will force Internet service providers Bell Canada, Shaw Communications, Rogers Communications, Videotron and Telus Corp. to translate those nicknames into real names and addresses. Lawyers for the association have argued that contract agreements between individuals and their Internet service providers spell out instances where personal information may be disclosed. But Howard Knopf, also of the Public Interest Clinic, accused the association of engaging in a "war against file sharing" searching for the "equivalent of weapons of mass distribution." He said teenagers and parents without large sums of money to battle a team of lawyers will be forced to settle with the record industry out of monetary fears and limitations. "These folks are civilians, not commercial pirates," said Knopf. "All defendants will have no practical choice but to settle with CRIA." Knopf also argued that file sharing doesn't mean an individual is uploading songs with the intention of mass distribution. He continued to say programs like KaZaA allow people to download from each other, and since the Copyright Board has deemed downloading legal in Canada, there is little evidence the 29 John and Jane Does did anything wrong. Arguments finished Monday. Justice Konrad von Finckenstein is expected to rule by week's end.

One thing more Americans have in common with Canadians But any way, I must congratulate all of you Canadian downloaders.....you are all now criminals, or at least soon to be!