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The Canadian Recording Industry Association has kicked off what promises to be a lengthy battle against online music sharing, and the first hurdle may be the most difficult to clear.
The CRIA has asked a number of Internet service providers to hand over contact information for customers it suspects of "egregious" uploading of music files. But at least one of those companies, Calgary-based Shaw Communications, says it intends to oppose the CRIA, citing new federal privacy laws that protect its customers.
"We're absolutely compelled under the privacy act not to provide that information," Shaw Communications president Peter Bissonnette told The Globe and Mail.
Arguments in the case begin Monday at a federal court in Toronto.
Working on behalf of major record labels, the CRIA is reportedly hunting for 29 Canadian customers from at least five different ISPs, including Shaw, Telus Corp., Rogers Cable, Bell Canada's Sympatico service and Quebec's Videotron.
So far, Shaw is the only ISP to openly oppose the CRIA's request. The company provides high-speed Internet service to about 900,000 Canadians.
Record labels contend that online file sharing violates copyright law and has hurt sales of albums and singles. Supporters of it say it stimulates demand for music and say the industry is to blame for falling sales.
The CRIA's search follows the lead of the Recording Industry Association of America, which has sued some 400 individuals in the United States. On both sides of the border, the recording industry is targeting computer users who upload musical files, not those who download songs.
In December, a California court ruled that the recording industry could not force ISPs to identify customers unless it launched a formal lawsuit and obtained a subpoena.
Such a ruling might be considered by a Canadian judge, but would not be a binding precedent.
There are also doubts about whether lawsuits against file sharers will be successful here, since Canadian laws on reproducing music for personal use differ from those in the United States.
For example, it has been legal in Canada since 1998 to make a single copy of a recording for personal use, such as copying a CD onto your hard drive or MP3 player. But the practice is illegal in the U.S.
But under the Copyright Act, it remains illegal to give or sell a CD copy to a friend, since it's not for personal use. In the same vein, distributing copies to friends online is prohibited.
Each of the ISPs involved in the case have reacted differently to the CRIA's request.
While Shaw is adamantly opposed, Telus says it plans to ask for an adjournment while Rogers remains undecided on a course of action.
Videotron is in a unique position because its parent company, Quebecor, also sells music, Videotron says it is concerned about copyright protection and considers file sharing to be "theft."
"In terms of protecting the identity of our subscribers, we're doing everything we can, but if there's a court order we certainly won't fight it," executive vice-president Luc Lavoie told The Globe and Mail. "We're actually delighted that the CRIA is doing what it's doing."
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/1076683398081_54/?hub=SciTech |
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