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Old 03-31-2004, 12:58 PM   #1 (permalink)
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Location: Ontario, Canada
Music sharing in Canada: legal (breaking news)

Quote:
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.
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.
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Old 03-31-2004, 02:25 PM   #2 (permalink)
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One more reason to move to Canada!
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Old 03-31-2004, 04:13 PM   #3 (permalink)
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CANADA - Dowloading Declared Legal

Due to yesterday's court ruling Canadians are legally allowed to download music for free using P2P file services. What do you think about this! Please state your opinion...

Quote:
Online music swapping legal: court
Last Updated Wed, 31 Mar 2004 15:24:33
TORONTO - Individuals who share personal copies of music files on the internet are safe after a Federal Court rejected a motion on Wednesday that would have allowed the music industry to sue them.

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.

Making files available in online, shared directories is within the bounds of Canadian copyright law, von Finckenstein ruled.


INDEPTH: Downloading

"No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings," von Finckenstein wrote in his 28-page ruling. "They merely placed personal copies into their shared directories which were accessible by other computer users via a P2P service."


INDEPTH: Downloading music FAQ

The music industry wants to shut down internet file sharing of music, blaming it for plummeting sales of compact discs.

Last year, the recording industry in the United States began going after people who share music online.


FROM FEB. 16, 2004: Judge wants more info on internet file swapping case

The Recording Industry Association of America has sued about 400 individuals in the U.S. for allowing others access to song files. Several people have settled out of court for about $3,000 US each.

On Tuesday, the recording industry sent warning letters or filed charges against 247 people in Denmark, Germany, Italy and Canada.



Written by CBC News Online staff
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Old 03-31-2004, 04:15 PM   #4 (permalink)
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Hey, maybe Canada isn't so bad after all. Send some of that this way!
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Old 03-31-2004, 05:44 PM   #5 (permalink)
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i've been wanting to leave this country for some time now (i'm not anti-american, i just want to get out and live somewhere else for a few years, michigan gets dull after awhile... okay, after a SHORT while... really short... but i digress ). now canada's looking nicer and nicer.
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Old 03-31-2004, 07:06 PM   #6 (permalink)
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I hope it happens in the U.S soon. And then someone would slap that shit across those money craving whores who called themselves/who are called "artists."
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Old 03-31-2004, 07:51 PM   #7 (permalink)
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wow cheap and drugs and now free music....gosh darn that country is looking good these days.

mr b
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Old 03-31-2004, 08:27 PM   #8 (permalink)
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woot..it's good to be Canadian!
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Old 04-01-2004, 02:47 AM   #9 (permalink)
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my favorite part of this whole thing
is that artists covered by the riaa arent the ones that need the money
its just the rich artists that are complaining
poorer, unknown bands needs as much publicity as they can get
the internet is amazing for this
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Old 04-01-2004, 03:38 AM   #10 (permalink)
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Location: San Diego, CA
Personally, the legality of sharing / downloading copyrighted music has never really entered my mind when I do it. When I do it, I don't think "oh crap, this is illegal, I hope I don't get caught!" More often than not, I think, "should I be doing this on the moral level?"

Is file sharing moral? That's a question up for debate, and has a much different answer than whether or not it is legal. I think that it's up to the person to decide it for themselves, and I have always been against forcing an almost purly moral decision onto others.

Some might say that there are many moral issues that the law enforces. However, I don't think that copying music is immoral enough in enough people's view that it warrants a law.

Others believe that illegal things are always immoral. Personally, I believe that's just a load of bull crap
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Old 04-01-2004, 04:35 AM   #11 (permalink)
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I guess something about having weather that makes and honest run at killing you 90 days a year makes a country saner.

I was going to belt out the Canadian Anthem in italics, but, jeeze, how corny can you get. Way to go, eh.
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Old 04-01-2004, 08:26 AM   #12 (permalink)
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Location: Ontario, Canada
Quote:
Originally posted by Tophat665
I guess something about having weather that makes and honest run at killing you 90 days a year makes a country saner.
I like to call it "having weather 90 days a year." =)

The difference between Canada and the States here is pretty simple: on media that tends to be used for recording music, Canada has a levy that is intended to recompensate the makers of music.

The same law that arranges for the levy also makes it legal for Canadians to make personal copies of music.

You cannot copy music for someone else, but you can lend your music to someone and they can copy it.

Just as placing a photocopier in a room of books doesn't mean you are copying the books for the people in the room, opening a file share onto the internet doesn't mean you are copying it for them.

Downloading is thus almost certainly legal in Canada. And, as the person who is sharing the files isn't actively uploading (she is just making it easy to download), it appears she isn't breaking the law either.

There are similar laws surrounding photocopying in Canada, called "CanCopy". For example, every student in Canada pays 5$ into the CanCopy fund, and statistics canada figures out whose books tend to be photocopied and pays the publisher for the photocopies.
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Old 04-01-2004, 09:16 AM   #13 (permalink)
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Location: Rhode Island biatches!
<3 for Canada
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Old 04-02-2004, 01:41 AM   #14 (permalink)
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I love being canadian!

Kazaa and all P2P programs are now completely legal! Id post the link but its in french so...

I dont have anything to fear from downloading MP3s anymore! The risk was always minimal I know. It was more psychological than anything else. Still good news though!
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Old 04-02-2004, 03:04 AM   #15 (permalink)
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Good for you, I live in Aus but I'm not sure if its legal for me.

Whats funny is last year was the best year for a long time in regards to profits made by music companies, but it was kept quiet because the figures make them look like a big bunch of slimy, lying fucks. Which they are, because of the whole price fixing of CD's thing.

[/rant]
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Old 04-02-2004, 04:22 AM   #16 (permalink)
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Well that kicks ass!
A slap in the face to RIAA is always a good thing! Even if it doesn't directly effect me (not living in Canada and all).
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Old 04-02-2004, 04:35 AM   #17 (permalink)
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Last edited by jay-g; 03-20-2008 at 11:41 AM..
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Old 04-02-2004, 06:41 AM   #18 (permalink)
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Quote:
Originally posted by jay-g
Nice people, good lookiing girls, clean air, free medical insurance, and now, legl dl'ing? Canada is the shiz-nit eh?
And don't forget near-legal weed
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Old 04-02-2004, 07:08 AM   #19 (permalink)
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Have I mentioned lately how much I love Canada? Cause I really do. I know the Canadian national anthem, I know all of the provinces/territories, I love maple syrup, and the only beer I drink is Labbats. Can I be Canadian now please?
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Old 04-02-2004, 07:54 AM   #20 (permalink)
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Quote:
Originally posted by Rangsk
Personally, the legality of sharing / downloading copyrighted music has never really entered my mind when I do it. When I do it, I don't think "oh crap, this is illegal, I hope I don't get caught!" More often than not, I think, "should I be doing this on the moral level?"

Well, let's see. If you buy a CD-R, you pay for music, even if you use the CD-R to store family photos. In essence, unless you DO put music on the CD-R, the RIAA is stealing your money. If I'm paying a surcharge to the RIAA so I can get music, I'm not gonna get into a moral hangup when I actually GET the music.
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Old 04-03-2004, 09:41 PM   #21 (permalink)
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Quote:
Originally posted by Tophat665
I was going to belt out the Canadian Anthem in italics, but, jeeze, how corny can you get. Way to go, eh.
Take off.. You HOSER
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Old 04-03-2004, 09:54 PM   #22 (permalink)
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Quote:
Originally posted by Averett
Have I mentioned lately how much I love Canada? Cause I really do. I know the Canadian national anthem, I know all of the provinces/territories, I love maple syrup, and the only beer I drink is Labbats. Can I be Canadian now please?
what about canadian... why wouldnt you drink that
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Old 04-03-2004, 10:43 PM   #23 (permalink)
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Never have I been more proud to be a Canadian.
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Old 04-03-2004, 10:44 PM   #24 (permalink)
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Truly is a sweet day to be Canadian
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Old 04-03-2004, 10:46 PM   #25 (permalink)
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Quote:
Originally posted by Averett
Have I mentioned lately how much I love Canada? Cause I really do. I know the Canadian national anthem, I know all of the provinces/territories, I love maple syrup, and the only beer I drink is Labbats. Can I be Canadian now please?
What the hell is Labbate. Canadians drink Molson.
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Old 04-04-2004, 09:49 AM   #26 (permalink)
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Quote:
Originally posted by Averett
Have I mentioned lately how much I love Canada? Cause I really do. I know the Canadian national anthem, I know all of the provinces/territories, I love maple syrup, and the only beer I drink is Labbats. Can I be Canadian now please?
Parts 4 and 5 of the citizenship test are beer bonging and maple syrup chugging. You should be fine.
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Old 04-04-2004, 10:46 AM   #27 (permalink)
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Hmmm. That's interesting. I read that in the Toronto Star on April 1st and was sure that was an April fool's joke.

Cool!
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Old 04-04-2004, 12:49 PM   #28 (permalink)
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Quote:
Originally posted by mrbuck12000
wow cheap and drugs and now free music....gosh darn that country is looking good these days.

mr b
nice things about Canada for your consideration,

Outcall Escorts are legal, non-harming conducts by two consenting adults in a closed dwelling is aokay

maryJ is not legal, though the use of it is not policed....

no gun control laws (Emril says Bam, or Bang)

80 murders in Toronto last year, 6 of them victims are not black (no need to crucify me, only the facts here)

strong satellite tv signal across the country as long as your dish is facing south(wink wink)
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Old 04-04-2004, 02:57 PM   #29 (permalink)
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It Just amazes me how quickly people can change the topic... LOL
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Old 04-04-2004, 06:16 PM   #30 (permalink)
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Quote:
Originally posted by Averett
Have I mentioned lately how much I love Canada? Cause I really do. I know the Canadian national anthem, I know all of the provinces/territories, I love maple syrup, and the only beer I drink is Labbats. Can I be Canadian now please?
Hahaha... Averett you are awesome. And as far as I am concerned you are welcome in Canada any day! It is definitly the shiznit.
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Old 04-04-2004, 06:34 PM   #31 (permalink)
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Location: I'm workin' on it
I do enjoy some Molsen Canadian as well :-p
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Old 04-04-2004, 09:49 PM   #32 (permalink)
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YAY CANADA!
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Old 04-05-2004, 06:40 AM   #33 (permalink)
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Hahaha, i can envision George Bush declaring Canada as a country belonging in the Evil Axis.

It's crazy, music sharing is legal, pot is sorta legal, drugs are cheaper, free health care, decent welfare. They take asylum seekers way too easy too.
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Old 04-06-2004, 12:17 AM   #34 (permalink)
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Quote:
Originally posted by KellyC
I hope it happens in the U.S soon. And then someone would slap that shit across those money craving whores who called themselves/who are called "artists."
Oh yeah, let's all just get all music for FREE. I bet the musicians would all just love to have second jobs to pay for their food.
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Old 04-06-2004, 06:07 AM   #35 (permalink)
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Quote:
Originally posted by hu-man
Oh yeah, let's all just get all music for FREE. I bet the musicians would all just love to have second jobs to pay for their food.
Read the latest studies. Music swapping has not impacted CD sales.
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Old 04-06-2004, 07:16 AM   #36 (permalink)
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Location: Ontario, Canada
Quote:
Originally posted by hu-man
Oh yeah, let's all just get all music for FREE. I bet the musicians would all just love to have second jobs to pay for their food.
In Canada, there is a mechanism for paying for downloaded songs. A Levy is paid on media intended to store copies of music.

Second, most musicians do have second jobs to pay for their food under the current system. Only a handful don't. Most of the money earned by the music industry is spent on marketing, not on making music.
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