Downloaders in a free-for-all

Canadian recording industry loses file-swapping case

By JASON BOTCHFORD, TORONTO SUN



A ruling on the copyright legality of file swapping was music to the ears of downloaders like Justin Armstrong, who loads songs on his iPod. -- Mark O'Neill, SUN
Yo, ho, ho and a bottle of rum -- as Canada's Internet pirates are safe once more, legally surfing open networks after a "shocking" federal court ruling. When news spread yesterday that a judge ruled music sharing does not constitute copyright infringement under current Canadian law, file sharers revved up their high-speed connections with uninhibited glee.

"I am just shocked and so pumped up about the decision," peer-to-peer (P2P) swapper Brent Harron said. "This proves I am not a criminal and the people who share music are not criminals."

Justice Konrad von Finckenstein said the Canadian Recording Industry Association (CRIA) didn't prove 29 unnamed file sharers violated copyright material owned by its members.

"It's shocking because it means I can get my tunes without fear somewhere down the line I'm getting sued," said Jarrod Holly, adding that he will stay connected to the Limewire P2P network "24-7" until he has downloaded 60,000 songs.

The judge said there was no real difference between a library with a photocopy machine in the middle of copyrighted material and a computer user that places a personal copy on a shared directory linked to a P2P service.

CRIA president Brian Robertson said file sharing is "devastating the entire music community." An appeal is expected.

The ruling sent shock waves through the industry and surprised copyright analysts.

Last month, the industry association took five Internet service providers to federal court, to force the companies to hand over the names and addresses of 29 people who allegedly shared hundreds of songs with others using programs in November and December.

The judge denied the industry's request.

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