EMAIL ME AND WE CAN SWAP SOME CHESS SOFTWARE LEGALLY

http://www.bizreport.com/article.php?art_id=6741

Justice Konrad von Finckenstein ruled that the Canadian Recording Industry
Association did not prove copyright infringement by 29 "music uploaders."

He said downloading a song or making files available in shared directories,
as facilitated by the popular "peer-to-peer" Kazaa service, does not
constitute copyright infringement under Canadian law.

"No evidence was presented that the alleged infringers either distributed or
authorized the reproduction of sound recordings," von Finckenstein wrote.
"They merely placed personal copies into their shared directories which were
accessible by other computer users via a P2P service."

He compared the action to a photocopy machine in a library. "I cannot see a
real difference between a library that places a photocopy machine in a room
full of copyrighted material and a computer user that places a personal copy
on a shared directory linked to a P2P service," he said.

The recording industry has argued that it, and likewise artists, have
suffered billions of dollars in lost revenue as tens of millions of people
have turned the Internet into a music-swapping bazaar.

In the United States, the Recording Industry Association of America has
launched almost 2,000 lawsuits against file swappers since last year. The
RIAA has settled some 400 cases, generally for a few thousand dollars each.

The Canadian ruling is similar to a U.S. court setback for the recording
industry in its campaign of legal intimidation to discourage online
file-swapping. In December, a U.S. appeals court ruled that the industry
can't force Internet providers to identify file-swappers unless they first
file a lawsuit.

Just as that made the process of identifying defendants more cumbersome, so
does the Canadian judge's decision.

The Canadian Recording Industry Association took five Internet service
providers, including Bell Canada, Rogers Cable and Shaw Communications, to
Federal Court last month, trying to force the companies to hand over the
names and addresses of 29 people who allegedly shared hundreds of songs with
others last November and December.

The individuals are currently identifiable only through a numeric Internet
address and user handles, and the association can't begin civil litigation
the alleged offenders are identified.

The judge's denial of the recording industry's request means Internet
providers won't have to divulge their client list.

The Canadian Recording Industry Association's lawyer said the group expected
to appeal and said Canadian law needs to be altered to reflect technological
change.

"In our view, the copyright law in Canada does not allow people to put
hundreds or thousands of music files on the Internet for copying,
transmission and distribution to millions of strangers," said attorney
Richard Pfohl.

University of Ottawa professor Michael Geist, who specializes in Internet
and e-commerce law, anticipates the decision will push the industry to
increase its lobbying efforts for copyright reform.

"Gunny Bunny" wrote in message
.. .





Sorry the email should be note the ".ca" standing
for beautiful Canada, where u can pirate now legally

I LUV CANADA

O Canada!
Our home and native land!
True patriot love in all thy sons command.

With glowing hearts we see thee rise,
The True North strong and free!

From far and wide,
O Canada, we stand on guard for thee.

God keep our land glorious and free!
O Canada, we stand on guard for thee.

O Canada, we stand on guard for thee.

Weren't you the clown that wanted to steal free software and then swap
it. Oh yeah. Canada is proud of you.

EZoto

"Canada, it's like a run-down loft apartment over a really great party"

-Robin Williams


Tony D.
NASCAR-It's the World Wide Wrestling of Auto Racing

I have a copy of _jose_, what would you like to swap?

"Gunny Bunny" wrote in message
.. .

"Gunny Bunny" wrote in message
.. .





Sorry the email should be note the ".ca" standing
for beautiful Canada, where u can pirate now legally

I LUV CANADA

O Canada!
Our home and native land!
True patriot love in all thy sons command.

With glowing hearts we see thee rise,
The True North strong and free!

From far and wide,
O Canada, we stand on guard for thee.

God keep our land glorious and free!
O Canada, we stand on guard for thee.

O Canada, we stand on guard for thee.

It is not stealing in Canada, File Swapping is legal

Read the court case for yourself:

http://www.fct-cf.gc.ca/bulletins/whatsnew/T-292-04.pdf


"EZoto" wrote in message
s.com...

Weren't you the clown that wanted to steal free software and then swap
it. Oh yeah. Canada is proud of you.

EZoto

Gunny Bunny wrote:


EMAIL ME AND WE CAN SWAP SOME CHESS SOFTWARE LEGALLY

http://www.bizreport.com/article.php?art_id=6741

Justice Konrad von Finckenstein ruled that the Canadian Recording Industry
Association did not prove copyright infringement by 29 "music uploaders."

He said downloading a song or making files available in shared directories,
as facilitated by the popular "peer-to-peer" Kazaa service, does not
constitute copyright infringement under Canadian law.

"No evidence was presented that the alleged infringers either distributed or
authorized the reproduction of sound recordings," von Finckenstein wrote.
"They merely placed personal copies into their shared directories which were
accessible by other computer users via a P2P service."

He compared the action to a photocopy machine in a library. "I cannot see a
real difference between a library that places a photocopy machine in a room
full of copyrighted material and a computer user that places a personal copy
on a shared directory linked to a P2P service," he said.

The recording industry has argued that it, and likewise artists, have
suffered billions of dollars in lost revenue as tens of millions of people
have turned the Internet into a music-swapping bazaar.

In the United States, the Recording Industry Association of America has
launched almost 2,000 lawsuits against file swappers since last year. The
RIAA has settled some 400 cases, generally for a few thousand dollars each.

The Canadian ruling is similar to a U.S. court setback for the recording
industry in its campaign of legal intimidation to discourage online
file-swapping. In December, a U.S. appeals court ruled that the industry
can't force Internet providers to identify file-swappers unless they first
file a lawsuit.

Just as that made the process of identifying defendants more cumbersome, so
does the Canadian judge's decision.

The Canadian Recording Industry Association took five Internet service
providers, including Bell Canada, Rogers Cable and Shaw Communications, to
Federal Court last month, trying to force the companies to hand over the
names and addresses of 29 people who allegedly shared hundreds of songs with
others last November and December.

The individuals are currently identifiable only through a numeric Internet
address and user handles, and the association can't begin civil litigation
the alleged offenders are identified.

The judge's denial of the recording industry's request means Internet
providers won't have to divulge their client list.

The Canadian Recording Industry Association's lawyer said the group expected
to appeal and said Canadian law needs to be altered to reflect technological
change.

"In our view, the copyright law in Canada does not allow people to put
hundreds or thousands of music files on the Internet for copying,
transmission and distribution to millions of strangers," said attorney
Richard Pfohl.

University of Ottawa professor Michael Geist, who specializes in Internet
and e-commerce law, anticipates the decision will push the industry to
increase its lobbying efforts for copyright reform.


I think you are misreading the ruling. Justice Finckenstein does not
seem to be saying that file swapping is illegal. What he seems to be
saying is the putting a file in a directory to which others have access
is not illegal. I see no mention that the act of copying is to be
permitted.

If this is a correct reading, then the implication is that your
invitation to swap files is an invitation to break the law.

GM

In article , Gunny Bunny wrote:




EMAIL ME AND WE CAN SWAP SOME CHESS SOFTWARE LEGALLY

http://www.bizreport.com/article.php?art_id=6741

Justice Konrad von Finckenstein ruled that the Canadian Recording Industry
Association did not prove copyright infringement by 29 "music uploaders."

He said downloading a song or making files available in shared directories,
as facilitated by the popular "peer-to-peer" Kazaa service, does not
constitute copyright infringement under Canadian law.

"No evidence was presented that the alleged infringers either distributed or
authorized the reproduction of sound recordings," von Finckenstein wrote.
"They merely placed personal copies into their shared directories which were
accessible by other computer users via a P2P service."

He compared the action to a photocopy machine in a library. "I cannot see a
real difference between a library that places a photocopy machine in a room
full of copyrighted material and a computer user that places a personal copy
on a shared directory linked to a P2P service," he said.

The recording industry has argued that it, and likewise artists, have
suffered billions of dollars in lost revenue as tens of millions of people
have turned the Internet into a music-swapping bazaar.

In the United States, the Recording Industry Association of America has
launched almost 2,000 lawsuits against file swappers since last year. The
RIAA has settled some 400 cases, generally for a few thousand dollars each.

The Canadian ruling is similar to a U.S. court setback for the recording
industry in its campaign of legal intimidation to discourage online
file-swapping. In December, a U.S. appeals court ruled that the industry
can't force Internet providers to identify file-swappers unless they first
file a lawsuit.

Just as that made the process of identifying defendants more cumbersome, so
does the Canadian judge's decision.

The Canadian Recording Industry Association took five Internet service
providers, including Bell Canada, Rogers Cable and Shaw Communications, to
Federal Court last month, trying to force the companies to hand over the
names and addresses of 29 people who allegedly shared hundreds of songs with
others last November and December.

The individuals are currently identifiable only through a numeric Internet
address and user handles, and the association can't begin civil litigation
the alleged offenders are identified.

The judge's denial of the recording industry's request means Internet
providers won't have to divulge their client list.

The Canadian Recording Industry Association's lawyer said the group expected
to appeal and said Canadian law needs to be altered to reflect technological
change.

"In our view, the copyright law in Canada does not allow people to put
hundreds or thousands of music files on the Internet for copying,
transmission and distribution to millions of strangers," said attorney
Richard Pfohl.

University of Ottawa professor Michael Geist, who specializes in Internet
and e-commerce law, anticipates the decision will push the industry to
increase its lobbying efforts for copyright reform.

A more sane and sober reading of the court's decision would be that the
presence of copyrighted material on a shared computer resource such
as a P2P network cannot be interpreted _in itself_ to be evidence of
copyright infringement, not that "file swapping is legal".

Mark

Subject: File Swapping Legal in Canada

On 5 April 2004 ie-rat (Tony D.) wrote in
Message-id:

"Canada, it's like a run-down loft apartment over a really great party"

-Robin Williams

-snipped-

"Geography has made us [America and Canada] neighbors. History has made us
friends. Economics has made us partners. And necessity has made us allies.
Those whom nature hath so joined together, let no man put asunder.'

-John F. Kennedy [address to the Canadian Parliament, Ottawa, May 17, 1961]

Mark VandeWettering wrote in message g.net...
In article , Gunny Bunny wrote:




EMAIL ME AND WE CAN SWAP SOME CHESS SOFTWARE LEGALLY

http://www.bizreport.com/article.php?art_id=6741

Justice Konrad von Finckenstein ruled that the Canadian Recording Industry
Association did not prove copyright infringement by 29 "music uploaders."

He said downloading a song or making files available in shared directories,
as facilitated by the popular "peer-to-peer" Kazaa service, does not
constitute copyright infringement under Canadian law.

"No evidence was presented that the alleged infringers either distributed or
authorized the reproduction of sound recordings," von Finckenstein wrote.
"They merely placed personal copies into their shared directories which were
accessible by other computer users via a P2P service."

He compared the action to a photocopy machine in a library. "I cannot see a
real difference between a library that places a photocopy machine in a room
full of copyrighted material and a computer user that places a personal copy
on a shared directory linked to a P2P service," he said.

The recording industry has argued that it, and likewise artists, have
suffered billions of dollars in lost revenue as tens of millions of people
have turned the Internet into a music-swapping bazaar.

In the United States, the Recording Industry Association of America has
launched almost 2,000 lawsuits against file swappers since last year. The
RIAA has settled some 400 cases, generally for a few thousand dollars each.

The Canadian ruling is similar to a U.S. court setback for the recording
industry in its campaign of legal intimidation to discourage online
file-swapping. In December, a U.S. appeals court ruled that the industry
can't force Internet providers to identify file-swappers unless they first
file a lawsuit.

Just as that made the process of identifying defendants more cumbersome, so
does the Canadian judge's decision.

The Canadian Recording Industry Association took five Internet service
providers, including Bell Canada, Rogers Cable and Shaw Communications, to
Federal Court last month, trying to force the companies to hand over the
names and addresses of 29 people who allegedly shared hundreds of songs with
others last November and December.

The individuals are currently identifiable only through a numeric Internet
address and user handles, and the association can't begin civil litigation
the alleged offenders are identified.

The judge's denial of the recording industry's request means Internet
providers won't have to divulge their client list.

The Canadian Recording Industry Association's lawyer said the group expected
to appeal and said Canadian law needs to be altered to reflect technological
change.

"In our view, the copyright law in Canada does not allow people to put
hundreds or thousands of music files on the Internet for copying,
transmission and distribution to millions of strangers," said attorney
Richard Pfohl.

University of Ottawa professor Michael Geist, who specializes in Internet
and e-commerce law, anticipates the decision will push the industry to
increase its lobbying efforts for copyright reform.

A more sane and sober reading of the court's decision would be that the
presence of copyrighted material on a shared computer resource such
as a P2P network cannot be interpreted _in itself_ to be evidence of
copyright infringement, not that "file swapping is legal".

Mark
_____________________________
Bingo. More evidence was needeed, and was apparantly lacking.

kiddon