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Old April 5th 04, 11:57 AM
Gunny Bunny
 
Posts: n/a
Default File Swapping Legal in Canada :) :)





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.


  #3   Report Post  
Old April 5th 04, 03:08 PM
EZoto
 
Posts: n/a
Default File Swapping Legal in Canada :) :)


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

EZoto
  #5   Report Post  
Old April 5th 04, 09:18 PM
Gunny Bunny
 
Posts: n/a
Default File Swapping Legal in Canada :) :)

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





  #6   Report Post  
Old April 5th 04, 10:04 PM
Greenmantle
 
Posts: n/a
Default File Swapping Legal in Canada :) :)

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

  #7   Report Post  
Old April 5th 04, 10:33 PM
Mark VandeWettering
 
Posts: n/a
Default File Swapping Legal in Canada :) :)

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
  #8   Report Post  
Old April 6th 04, 06:02 PM
KidDon
 
Posts: n/a
Default File Swapping Legal in Canada :) :)

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
  #9   Report Post  
Old April 7th 04, 12:38 PM
Manuel Hl
 
Posts: n/a
Default File Swapping Legal in Canada :) :)

Greenmantle wrote:
Gunny Bunny wrote:



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


I don' tkonw about US and Canada. In Germany the law explicitely allows
making copys for private purposes if the source is not obviously created
illegaly and if if one does not circumvent some technical protection.

So Canadians may legally place their files in a publicly available place
and we may legally download them ;-)

But I dont't know what this all has to do with chess.

Greetings

  #10   Report Post  
Old April 7th 04, 09:56 PM
Gunny Bunny
 
Posts: n/a
Default File Swapping Legal in Canada :) :)


"Manuel Hl" wrote in message
...
Greenmantle wrote:
Gunny Bunny wrote:



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


I don' tkonw about US and Canada. In Germany the law explicitely allows
making copys for private purposes if the source is not obviously created
illegaly and if if one does not circumvent some technical protection.

So Canadians may legally place their files in a publicly available place
and we may legally download them ;-)

But I dont't know what this all has to do with chess.

Greetings


ie: Chess software can now be uploaded and downloaded legally in Canada


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