The Little Brown Reader: Ruling deals blow to music industry

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April 01, 2004

Ruling deals blow to music industry

A much-anticipated court decision released yesterday was supposed to clarify the rights of Internet access providers to protect the privacy of their customers. But in a surprising twist, the Federal Court's decision went far beyond privacy issues, dealing a huge blow to the Canadian music industry and its efforts to stop Internet users from sharing music files.

Mr. Justice Konrad von Finckenstein ruled yesterday that the Canadian Recording Industry Association (CRIA) failed in all respects to make a case for requiring Internet companies to turn over the identities of big music downloaders. CRIA, he said, didn't prove it could identify who had shared the music files, nor whether the specific music files at issue in the current lawsuit infringed copyright rules, nor whether there was any other way the music companies could have found the identities of the Internet users.

But the biggest blow to the music industry came when Judge von Finckenstein addressed the broader question of whether there was evidence of a legal violation that would justify revealing the private identities of Internet users. He concluded that sharing music files doesn't constitute copyright infringement at all.
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Posted by Lance Brown at April 1, 2004 01:51 AM | TrackBack

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