Canada: file-sharing not illegalIn another blow to the various music industry organisations attempting to stem the tide of file-sharing, a Canadian judge has ruled that the Canadian Recording Industry Association (CRIA) cannot force Internet service providers to identify digital music-swappers. Judge von Finckenstein said that "there is no compelling evidence that either downloading or sharing of digital music files is even illegal." Canada OKed the downloading of music via p2p networks last year, but while uploading remains illegal, the way that modern p2p systems work means that there is no actual uploading done by people sharing their music - it's just sitting there on your hard drive. Judge von Finckenstein, speaking about the users who the CRIA were trying to get hold of via the ISP records, said that...

"...no evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings. They merely placed personal copies into their shared directories which were accessible by other computer users via a P2P service...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...The mere fact of placing a copy where it can be found by another user does not amount to distribution."

Obviously, this is really just a situation (like so many) where the law has yet to catch up with how modern technology works, and will no doubt be rectified in future legislation - I hope the relevant people in New Zealand are taking note, especially since I notice that the new copyright amendment currently headed towards parliament makes no mention of what happens when you sell the original copy from which you've made copies onto CDR, cassette and mp3. Are you still entitled to keep those? I suspect, as the law stands (and will stand even after the amendments are made) that this situation won't be covered by the law, in the same way the p2p situation wasn't adequately covered by Canadian law.

Man, I wish I was a lawyer working for the music industry. I'd be losing cases all over the place, but imagine the billable 12 minute blocks I'd be putting in.
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