The Canadian Recording Industry Assn (CRIA) plans to appeal a recent decision by the Toronto federal court that blocks CRIA from obtaining the names of alleged illegal file-sharers.
TORONTO--The Canadian Recording Industry Assn (CRIA) plans to appeal a recent decision by the Toronto federal court that blocks CRIA from obtaining the names of alleged illegal file-sharers.
The court on March 31 ruled against a motion by CRIA, which would have allowed the group to begin suing individuals who illegally make music available online.
In his 28-page ruling, Justice Konrad von Finckenstein said CRIA did not prove there was copyright infringement by 29 alleged music uploaders. Von Finckenstein also ruled that downloading a song or making files available in shared files does not constitute copyright infringement under current 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.''
CRIA has been trying to sue individual high-volume infringers in order to recoup some of the losses from file-sharing networks, including over an estimated C$400 million in retail sales of music since 1999.
On Feb. 11, CRIA had filed a motion against five Canadian-based ISPs in federal court, to force these companies to hand over the names of 29 people who allegedly have shared a "high volume" of songs with others via the Internet in November and December 2003.
Bell/Sympatico, Rogers Communications, Shaw Communications, and Telus Corp. fought CRIA's request. However, Quebec-based Videotron Telecom agreed to comply.