Kazaa Help

paublo

Thread Starter
Joined
Aug 30, 2003
Messages
344
I am wondering now that P2P file sharing is legal in Canada will there be help here if needed

I know its been your policy not to help in the past because of the legal issues but what about now

Just asking

BTW. I like the new set-up but how does every one get their post titles in BOLD

Thanks
 

TechGuy

Mike
Administrator
Joined
Feb 12, 1999
Messages
14,667
Bold just means you haven't read them yet. :)

Not sure what you're referring to P2P being legal in Canada now... as far as I know, the copyright law hasn't been changed?

Anyway, no changes here in the US that I'm aware of, and no changes for the site. Thanks for posting!
 
Joined
Jun 5, 2003
Messages
5,062
I doubt it. Peer-to-peer just seems to be full of too many problems -- security, adware, spyware, trojans, etc. It is a difficult environment to manage.

And, please don't view the Canadian Supreme Court ruling out of context. The act of sharing files may not be illegal, but that is not a cart-blanc approval to violate copyright law.
 

paublo

Thread Starter
Joined
Aug 30, 2003
Messages
344
The courts in Canada have ruled file sharing is not an infringement on copy right laws and therefore legal (as I understand it ) Any ways I respect your Policies and thank you for the response
 
Joined
Jun 5, 2003
Messages
5,062
As near as I can tell, the only thing the Canadian courts ruled on was that the music industry could not force internet service providers to violate the privacy of their clients by providing them with the names of people who download lots of music files.

None-the-less, this is quite a different legal outcome than similar cases in the USA.

http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/1080754657038_76163857//

Music industry loses in downloading case
CTV.ca News Staff

Canada's music industry can't force Internet service providers to identify online music sharers, a Federal Court judge has ruled.

The music companies represented by the Canadian Recording Industry Association, had identified 29 people who had traded music online using services like Kazaa, but they knew them only by their online nicknames.

They wanted the Internet service companies such as Sympatico, Rogers and Shaw to give them the identities of the individuals, so they could sue them for copyright infringement.

But they didn't get it, so the music companies can't yet proceed with their lawsuits.

Justice Konrad von Finckenstein ruled the music companies had not provided enough evidence that any copyright infringement had occurred and compared downloading and uploading music to using 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,'' von Finckenstein wrote.

"No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings.

"They merely placed personal copies onto shared directories on their computers which were accessible by other computer users via an online download service."

As a result, using an online download service for personal use does not amount to copyright infringement in Canada, at least for now, CTV's David Akin said.

That is quite different from similar rulings in the United States, where the music industry has sued 1,977 people since last fall. It has reached out-of-court settlements in around 400 cases.

Some lawyers were saying the music industry might have hurt its case through legal sloppiness, Akin said.

"They really didn't have their t's crossed and their i's dotted. They would likely go back and assemble the evidence the judge said was missing. The judge said clearly there are some tests that have to be met, and the record industry failed to meet those tests."

Once they do that, the industry can resubmit its case. Until then, Canadian online music traders are free to keep swapping songs, Akin said.

The CRIA is vowing to carry on the fight. Association lawyer Richard Pfohl says the group will likely appeal the decision.

Peter Bissonnette, president of Shaw Communications, was delighted with the ruling. His company Shaw had argued privacy legislation should protect the identities of its clients.

"We are very, very pleased and I'm sure our customers are as well,'' he said. "We have obligations to protect the privacy of our customers. We've always taken that approach."
 

paublo

Thread Starter
Joined
Aug 30, 2003
Messages
344
thx for the info
probably a topic for random and not here

thx again
 

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