File-sharing legal in Canada, judge rules
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File-sharing legal in Canada, judge rules


Christian Bauer is offline Christian Bauer
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April 8th, 2004, 02:20 AM

File-sharing legal in Canada, judge rules

see this article at http://www.canadiancontent.net/commtr/itemid172.html


By Christian Bauer

Many have watched the long battle dread on by the Canadian music industry and users of popular file-sharing programs such as Kazaa, Emule and many others. The large industry lawyers are finding every way to attack the user downloading music. Whether it be to preview before buying or just never paying to use the copyrighted works. This phenomena is seen through the downloading of movies, music and anything else you can think of.

On March 31, a Canadian judge, Konrad von Finckenstein, ruled that the Canadian Recording Industry Association had no right to ask for personal information about 29 alleged file-sharing users. They were very much prepared to sue for large sums of money and most important of all, make an example of users caught in the battle between file-sharing under siege by the large recording industries around the world.

Five Internet service providers were taken to court, among them was Shaw Cable, the most outspoken of the five. Peter Bissonnette, president of Shaw Communications was very pleased with the outcome. Along with Rogers and Bell. Videotron of Quebec was the only company which complied with the requests of the Canadian Recording Industry Association, although the company has interest in the recording industry.

To understand the situation a little better, one must realize the recent victories by similar organizations around the world, including the Recording Industry of Association America and it's affiliates in Denmark, Germany, the UK and most notably the United States of America. Industry lawyers were able to sue approximately 1500 users in the past for sharing songs and works protected by copyrights.

In a recent times, several children were sued as an example of how far the RIAA will go. Superbowl fans were able to see the commercial by Pepsi-iTunes where children were used as a huge corporate scheme to promote the downloading of music, legally. The general theme of the commercial was "I don't" they say. "I will still continue downloading". Unfortunately for Apple, the statement backfired in a show by enthusiasts making a clear message that using children to fight this battle will not get you far at all. You may view the original Superbowl advertisement at apple.com.

On similar occasions, the Movie Picture Association of America (MPAA) has made similar attacks on users allegedly sharing copyrighted movies via popular file-sharing clients. Several users have been forced to pay hefty fines in the past as the MPAA has targeted certain films being shared, most prominently, new releases.

In recent happenings, large 'ed2k', or edonkey2000 link sites have been shut down one way or the other. The largest of them, ShareReactor, was shut down by Swiss police acting on the complaints of many large corporations. A small victory by the recording and motion picture industries, but a chance for enthusiasts to regroup and form even stronger links.

As file-sharing right now in Canada is legal, Canadians should be aware of the expected and most certain long thought-out appeal being prepared right now by high-paid lawyers for the recording and probably movie industries in Canada.

Canadians are proud of new found freedoms in contrast to our neighbour southward. Citing cases in same-sex marriage and the decriminalization of marijuana under Canadian constitution... and now freedom to share files over the Internet without the fear of embarrassment and lawsuits.
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Vincent_2002 is offline Vincent_2002
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April 26th, 2004, 12:42 PM

I think this is good news. There is no body that can stop people from sharing files so why bother putting so much effort to make it illegal and just cause so much tax money to go down the drain trying to stop it?
isps should not have to give private information to large corporations anyways./
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Milton is offline Milton
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April 26th, 2004, 12:43 PM

Paul Martin said he would pass legislation to make file sharing illegal. So, make hay while the sun shines because the liberals (and the conservatives ) want to turn the dark on.
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Vincent_2002 is offline Vincent_2002
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April 26th, 2004, 12:46 PM

Oh hi Milton!

I heard about this. It is upsetting our government would go through so much trouble just to make this happen.

Look at how much the gun registry cost us.
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JDream is offline JDream
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May 20th, 2004, 12:00 AM

You're all lucky in Canada..
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Anonymous is offline Anonymous
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May 26th, 2004, 12:32 PM

Way to go Canada!!!

You people are amazing, great women, great people, a great place to live!!
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Anonymous is offline Anonymous
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May 26th, 2004, 09:20 PM

Canada rox!!!

Filesharing should stay legal but i guess if it got out of hand they could make the file sharing programs put a limit to how many files you download or how much you can share.
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Andem is offline Andem germany
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May 26th, 2004, 10:02 PM

Thanks for the compliments, everyone! Canada does rock

Ofcourse there's still a couple of things which we've seen happen lately like: Legalization of marijuana, Same-sex marriage... I wonder what kind of thing we'll come up with next.
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JDream is offline JDream
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May 26th, 2004, 11:54 PM

lol.. Probably something..
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moghrabi is offline moghrabi canada
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May 27th, 2004, 01:26 AM

legality to grow Marijuana, perhaps. LOL

Yes we live in a beautiful country indeed.
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Cyberm4n is offline Cyberm4n
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May 27th, 2004, 04:48 PM

you know what ladies and gentlemen. This country is great. we can download music, smoke weed (i dont by the way, but it is still a freedom), we can go out and be crazy on the streets for a hockey game, we can marry if we are gay (which i'm not, but still the freedom is there!). We live in such a great country. why would we let this change by voting in some conservative government?

GO CANADA GO!
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Anonymous is offline Anonymous
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May 27th, 2004, 08:11 PM

Go Canada go.
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moghrabi is offline moghrabi canada
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May 27th, 2004, 08:14 PM

I learned three things today. CyberM does not smoke weed. He is not Gay and he is conservative. I do not think he is from the Green Party.

CyberM. you are a cool Canadian.
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Shmad is offline Shmad
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May 27th, 2004, 10:51 PM

This is not the time to rejoice.. the powers that be are hard at work trying to turn over marijuana decriminalization as well as making downloads once again illegal. If we want to stop them DONT VOTE THEM BACK IN! Vote Green
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moghrabi is offline moghrabi canada
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May 28th, 2004, 12:07 AM

CyberM,

Sorry about the previous note. I did not mean to say you are conservative. My apologies.
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Shmad is offline Shmad
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May 28th, 2004, 12:17 AM

Yeah I noticed you said that as well, although reading both posts presumed it was a typo. No worries here, we're not quite that quick to anger hehe
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moghrabi is offline moghrabi canada
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May 28th, 2004, 12:20 AM

LOL. Good guy you are. That what make Canadian different from others. We do not lose our temper easily and very friendly to each other.
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Cyberm4n is offline Cyberm4n
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May 28th, 2004, 02:28 AM

hey moghrabi! i'm thankful you removed that remarked about being a conservative before I got on.. i would have been like "what??". it's all good how are things in BC? have a nice night!
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