Quote:
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Justice Konrad von Finckenstein said the Canadian Recording Industry Association hadn't shown copyright infringement by 29 people who had allowed their music files to be uploaded.
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http://www.cbc.ca/stories/print/2004...ad_court040331
In Canada, the recording industry lobbied for levies (taxes) to be placed on media intended for recording music, based off the assumption that it would be used to copy their songs. Everytime you buy a recordable CD in Canada, money goes to copywrite owners.
In a fit of sanity, the law stated that given that consumers where paying for the copying of songs, the copying of songs for personal private use was legal.
However, the copying of songs for other people was illegal.
It was thus obvious that downloading music in Canada was legal: it was copying songs for your own use.
If you place media in a shared directory for other people to copy, when it is copied was it you making the copy, or was it them making the copy?
Now, it appears that uploading is as well. The Judge has ruled that it is the downloader who is doing the copying.