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Here we go again .. Music industry hunting Canadian 'pirates'
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dEsidEL

Source:
http://www.thestar.com/NASApp/cs/Co...ol=968793972154


quote:

Feb. 13, 2004. 06:18 AM
Music industry hunting Canadian 'pirates'
Ready to launch dozens of lawsuits
Internet providers await court orders

TYLER HAMILTON
TECHNOLOGY REPORTER

Canada's recording industry is poised to launch dozens of lawsuits against Internet users who share copyrighted music through "music swapping" networks such as Kazaa.

The lawsuits will target high-volume music traders — people who store several thousand MP3 song files on their computers and make them available through the Internet for others to download.

Bell Canada, Rogers Cable, Telus Corp. and Shaw Communications Inc. are among major Internet service providers being told to expect federal court orders early next week that would require them to identify Internet subscribers who are allegedly pirating this music.

The Canadian Recording Industry Association (CRIA) represents major record labels such as Universal Music Canada and EMI Music Canada. It sent a "notice of motion" to high-speed Internet providers Wednesday afternoon to warn the orders will be requested Monday in Federal Court.

The Star has learned that at least 20 individuals are being pursued, though the recording industry has previously said it would go after 30 to 40 individuals.

Nine customers of Rogers Cable have been targeted.

Seven customers at Bell Sympatico are affected, as well as three at Telus, which is based in Burnaby, B.C.

High-speed cable subscribers with Calgary-based Shaw Communications Inc. have also been targeted. Shaw did not say how many of its customers were affected, but was the only company yesterday to declare it would go to Federal Court to fight for customer privacy.

"We believe this application amounts to a civil search warrant, and we do not think that the music companies' application should override our responsibility in law to protect the rights of our customers to maintain their privacy," chief executive Jim Shaw said in a statement.

"We intend to ask the court to preserve the privacy of our customers."

David Bennett, director of marketing for Rogers Hi-Speed Internet, said his company has "some concerns" about the terms of the motion.

Telus said it would be seeking an adjournment so its customers have more time to respond.

Bell Canada was less committal. "We're not going to share our strategy at this time," spokesperson Don Blair said. "We're still evaluating our options."

All four companies said they were making every effort to inform the subscribers involved.

The recording association would not comment yesterday on the coming lawsuits. It began warning people last fall, and again in December, that legal action against hundreds of Internet music swappers in the United States would be followed by similar action in Canada.

Since September, the Recording Industry Association of America has sued nearly 400 alleged music-swappers and threatened thousands more. A grandfather who rarely used his computer and a 12-year-old girl were among those caught in the U.S. organization's dragnet.

Brian Robertson, president of the recording industry association, said this week that his organization has spent the past three months gathering evidence on individuals who have more than 3,000 copyrighted songs in their computers. "These are not casual users," said Robertson, adding that the industry is focusing on "egregious" uploaders. "Litigation appears to be the only option now. ... This is the first of what we think will be more than one wave."

Using sophisticated Internet surveillance technology, the association has tracked computers — identified online through their Internet protocol or "IP" addresses — that are actively trading copyrighted songs. The next step is to match those IP addresses with subscriber information so the alleged pirates can be identified

CRIA needs a court order because Internet service providers generally don't hand over this data freely.

Critics of the music industry say record labels will not gain sympathy by suing their own customers. "Real live kids and their families should not become collateral damage in test cases where the law is uncertain and the industry is desperately seeking scapegoats," said Howard Knopf, an intellectual property lawyer in Ottawa.

Additional articles by Tyler Hamilton
Orko
only a matter of time. Im glad that Shaw is saying piss off to the CRIA, and protecting their customers. I just wish my isp(bell) would do the same.

If people stop downloading music, then the ISP will lose money, cause people will see that they dont actually NEED high speed, its just nice to have, to be able to download stuff fast. People wont cancle their subscription all together, but i know they will downgrade to the "basic" packages that each ISP offers. my fam did it, when i moved out, lol.

thank god i dont have that many songs though, just about 300 live sets(55gigs)! lol, which is equivelent to far more than 3000 songs
Slag
quote:
Originally posted by Orko
thank god i dont have that many songs though, just about 300 live sets(55gigs)! lol, which is equivelent to far more than 3000 songs


I dont think you have to worry. They target that mainstream crap. (i think) ;)
Muff2K
Walter Mindz
quote:
Originally posted by Orko
thank god i dont have that many songs though, just about 300 live sets(55gigs)! lol, which is equivelent to far more than 3000 songs


quote:
Originally posted by Slag
I dont think you have to worry. They target that mainstream crap. (i think) ;)


True, and even if they didn't, they still can't go after ppl with live sets.
torontotrance
I can't wait till this happens and here is why.

a)Canada has strict privacy laws (now how will they get around it, I mean to identify someone via isp, rogers and bell will take it to court citing privacy, get taken to court for yrs till it hits the supreme court).
b)Courts are backlogged (Cases are being thrown out because they don't have enough judges)
c)Backlash from customers (we pay a blank material levy already)
d)Cdn version of RIAA is very weak and going against powerhouses companies like Bell and Rogers.

Who is to say, rogers and bell don't pull a verizon and take it to court. This could take years, the cdn legal system is complicated. I don't share music, so I'm not worried. I don't use file sharing services, probably because I get so much stuff to review, I rarely have the time.
victor
this is strictly mp3 right???

coz well apart from the trance, i do a lot of dvd downloading ;) ... hope i don't get nailed for that :D
failsafe
i wonder if they're just looking on kazaa or other file sharing services too?
NightCreature
quote:
Originally posted by Muff2K



hahahaha! Actually, what he is saying is this:

"What an embracing discussion"
Muff2K
^^^^^^^^^
awesome!!

i ahd no idea!

my cyrillic decryption is quite poor recently
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