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Court rules uploading and downloading music files in Canada now completely legal
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| Fir3start3r |
Woohaa! :cool:
But of course, support those that deserve the support. :)
>> Source <<
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Online music swapping legal: court
Last Updated Wed, 31 Mar 2004 21:45:24
TORONTO - Individuals who share personal copies of music files on the internet are safe after a Federal Court rejected a motion on Wednesday that would have allowed the music industry to sue them.
Justice Konrad von Finckenstein said the Canadian Recording Industry Association hadn't shown copyright infringement by 29 people who had allowed their music files to be uploaded.
Making files available in online, shared directories is within the bounds of Canadian copyright law, von Finckenstein ruled.
"No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings," von Finckenstein wrote in his 28-page ruling. "They merely placed personal copies into their shared directories which were accessible by other computer users via a P2P service."
The music industry wants to shut down internet file sharing of music, blaming it for plummeting sales of compact discs.
Last year, the recording industry in the United States began going after people who share music online.
The Recording Industry Association of America has sued about 400 individuals in the U.S. for allowing others access to song files. Several people have settled out of court for about $3,000 US each.
On Tuesday, the recording industry sent warning letters or filed charges against 247 people in Denmark, Germany, Italy and Canada.
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| tha_broad |
| sweet! (not that i was ever really worried personally) |
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| Cal |
This is a Federal decision though
Supreme Court could still overrule it. |
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| zydus |
| quote: | Originally posted by Cal
This is a Federal decision though
Supreme Court could still overrule it. |
I am pretty sure in canada, Supreme Court = Federal Court, correct me if I a wrong :nervous: |
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| MarkT |
damnit...don't replace my thread ;)
http://www.tranceaddict.com/forums/...threadid=172039
it was a Federal court decision...an no appeal option was mentioned...but...isn't there the Supreme Court of Canada and then the Federal Court of Appeals? I think to appeal a Federal decision there has to be serious reason to do so, not just that you disagree with the decision, as is basically possible in lower courts? ;) |
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| DigiNut |
| quote: | Originally posted by Cal
This is a Federal decision though
Supreme Court could still overrule it. |
Don't forget that the case can only be appealed on the basis that the federal judge made a processing error. The CRIA cannot contest his original judgment to the appeal court, the only thing they could do is have his judgment overturned on some kind of technicality, and even then there's a long way to go before "winning" their case.
Although municipal and/or provincial cases are often appealed, cases in the federal court do not often make it to higher level courts (at least not to my knowledge - someone correct me if I'm wrong). I am sure that the CRIA will do everything in its power to have the original judgment overturned, but since the ruling actually stated in no uncertain terms that file sharing was legal under the current copyright law, they have a very weak leg to stand on.
Most likely they will appeal, lose, and start pressuring the federal government to rewrite the copyright laws and effect a DMCA-like act. For once I'm actually thankful for the slacker left-wing government we have, because they would never ever comply with such lobbying. |
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| Fir3start3r |
| quote: | Originally posted by Cal
This is a Federal decision though
Supreme Court could still overrule it. |
Well thank you Mr.Happy... :rolleyes: |
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