CRIA appeals Canada file sharing-is-legal ruling

I just posted the article CRIA appeals Canada file sharing-is-legal ruling.

  Last week,  the Canadian Recording Industry Association (CRIA) filed an appeal against the  ruling that file sharing  had been ruled legal in  Canada.  The courts seen file sharing as...
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Canadian privacy laws, as noted above, make the approach being used clearly non-viable. To complicate matters further, there is absolutely no guarantee (as publicly stated by Rogers) that IP xx.xx.xx.xx was used by person Y. Those two points make any attempt at filing suit moot. Nope, they’re not gonna win that one either.

Another court case in Canada on copyright relating to a photocopier in a law library may have more to say on this matter in the future. The court adopted an important new standard for authorization, which has long been used by copyright owners to hold parties accountable for allowing others to infringe copyright. On this issue, the court ruled authorization should be taken to mean “sanction, approve or countenance” and concluded “a person does not authorize copyright infringement by authorizing the mere use of equipment (such as photocopiers) that could be used to infringe copyright.” For example, in arriving at its interpretation of authorization, the court concluded that the “mere provision of photocopiers for the use of its patrons did not constitute authorization to use the photocopiers to breach copyright law” since taking the opposite approach “shifts the balance in copyright too far in favour of the owner’s rights and unnecessarily interferes with the proper use of copyrighted works for the good of society as a whole.” Similarly, its liberal interpretation of fair dealing is based on the analysis that “it is a user’s right (and) in order to maintain the proper balance between the rights of a copyright owner and users’ interests, it must not be interpreted restrictively.” Balance as the central goal of copyright is likely to cause a significant reinterpretation of Canadian copyright law. As the court demonstrated in this case, taking users’ rights seriously requires a careful examination of the effects of any copyright test on both users and creators. Moreover, the need for balance will affect not only the current version of Canada’s Copyright Act but also any subsequent amendments. This will make it much more difficult for the CIRA to win in Canada

Finally, Canadian lawmakers saw some common sense on the issue of fair use. I just hope Australian lawmakers are the same else we might as well jump in bed with the Yanks…Shit, that will be a sad day for all Australians and people everywhere who heartily supported the rights to fair use…:c

Icepax if you start paying big dollars for your presciptions…you’ll know which way howard jumped…:X

Comment from an American… I’m not well versed in the Canadian copyright law but imho a library is a government provided resource with the intention of providing information & knowledge. The concept of a xerox machine being used is basically “fair use”. If I opened a business in Canada that had all the newest books available and I urged you to copy the entire book (a practice rarely if ever done in a library) then you are abusing copyright as you are outright attempting to get the entire product for free. Without question that what file sharing is doing. I don’t have a problem with libraries as they serve a public need (although you can argue non educational books have no place in a library) but to outright distribute (be in passively or actively) copyright materials is an abuse.

So isn’t only downloading a few pages out of a book, the same as a file sharer only downloading a few songs off an album. Who’s fighting against the CRIA in this issue anyway?

I being a Canadian have been following the actions of CRIA in disgust. I have never seen such a group of DUMBASSes! before in my entire life. In Canada we pay taxes and plenty of it and I do reckon that we pay a tax for every recordable media to date. I know for a fact that the money is being used for less than desirable uses. But I sure will pay my taxes to keep those ASSHOLES out of my door. :d Yes the people of Canada do have some common sense and yes we do not live in igloos just modest mansions with a sportscar or 2. :g We do like saying “Eh”. So I’m gonna get me a beer eh…Because its the Canadian way eh… :B