Your browser does not seem to support CSS. If images appear below, please disregard them.
It appears that you're running an Ad-Blocker. This site is monetized by Advertising and by User Donations; we ask that if you find this site helpful that you whitelist us in your Ad-Blocker, or make a Donation to help aid in operating costs.
Previous Thread
Next Thread
Print Thread
Rate This Thread
#35392 - 05/20/05 09:40 PM Canadian court deals setback to record labels  
Joined: Sep 2002
Posts: 553
Digital Geek Offline
UGN Super Poster
Digital Geek  Offline
UGN Super Poster

Joined: Sep 2002
Posts: 553
Cluj-Napoca, Romania
Canadian appeals court has rebuffed an attempt by the recording industry to unmask 29 people accused of unlawfully sharing thousands of music files.

The Federal Court of Appeal on Thursday upheld a lower court's ruling that said privacy rights must supercede the record labels' copyright claims, at least in "the early stages of this case."

In a 27-page opinion, the appeals court stressed that "technology must not be allowed to obliterate" intellectual property rights, but "the potential for unwarranted intrusion into individual personal lives is now unparalleled."

The ruling is hardly the end of the matter. Instead, it effectively lays out what kind of legal standard the Canadian Recording Industry Association (CRIA) must meet in future lawsuits against accused peer-to-peer pirates.

"If the U.S. experience is any indication, we can expect thousands of suits against individual Canadians in the months ahead," University of Ottawa law professor Michael Geist wrote in an analysis. "There is now every reason to think that Canadians will be subjected to a similar legal barrage."

In 2004, a lower court declined to order five Internet service providers--Bell/Sympatico, Rogers Communications, Shaw Communications, TELUS and Videotron--to identify subscribers that CRIA had accused of trading files illegally. CRIA appealed the decision, and arguments were heard in April.

In Thursday's ruling, Justice Edgar Sexton gently chided the lower court for reaching a sweeping decision about whether music file swapping was legal. "In my view, conclusions such as these should not have been made in the very preliminary stages of this action," Sexton wrote. "Such hard conclusions at a preliminary stage can be damaging to the parties if a trial takes place and should be avoided."

SOURCE

Sponsored Links
#35393 - 05/20/05 09:43 PM Re: Canadian court deals setback to record labels  
Joined: Sep 2002
Posts: 553
Digital Geek Offline
UGN Super Poster
Digital Geek  Offline
UGN Super Poster

Joined: Sep 2002
Posts: 553
Cluj-Napoca, Romania
Go Canada !

#35394 - 05/21/05 01:48 AM Re: Canadian court deals setback to record labels  
Joined: Feb 2002
Posts: 7,195
Gremelin Offline
Community Owner
Gremelin  Offline

Community Owner

Joined: Feb 2002
Posts: 7,195
Likes: 3
Portland, OR; USA
Now if only the USA would respect their citizens


Donate to UGN Security here.
UGN Security, Back of the Web, and VNC Web Services Owner

Member Spotlight
Gremelin
Gremelin
Portland, OR; USA
Posts: 7,195
Joined: February 2002
Show All Member Profiles 
Forum Statistics
Forums45
Topics46,767
Posts81,937
Average Daily Posts10
Members2,159
Most Online1,567
Apr 25th, 2010
Latest Postings
Top Posters(All Time)
UGN Security 39,931
Gremelin 7,195
§intå× 3,255
SilentRage 1,273
Ice 1,146
pergesu 1,136
Infinite 1,041
jonconley 955
Girlie 908
unreal 860
Top Liked Users (All Time)
§intå× Likes: 1
Cold Sunn Likes: 1
Crime Likes: 1
Cyrez Likes: 1
Ghost Likes: 1
Gremelin Likes: 4
Ice Likes: 1
unreal Likes: 1
Top Liked Users (30 Days)
Powered by UBB.threads™ PHP Forum Software 7.6.0
(Snapshot build 20160902)