A Federal Court in Canada has ruled that sharing copyrighted material online in a P2P shared directory is not illegal:

“No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings,” von Finckenstein wrote in his 28-page ruling. “They merely placed personal copies into their shared directories which were accessible by other computer users via a P2P service.”

I’m sorry, but what the fuck is that judge smoking? “No, they didn’t give away copyrighted music or tell people they could copy it. They just put the file in a shared directory that was open to the public for download.”

What. The. Fuck.

So what exactly would qualify as “distribution” and/or “authorization to copy” in this judge’s mind? Hacking into someone’s computer and forcibly copying a music file there? Burning CDs and tossing them on people’s doorstep like the morning newspaper?

This definitely makes my Top 10 list of “Stupidest Things Ever”. So how much money is this judge making on his bribe? And who exactly is the briber?

Canada should just replace the maple leaf on its flag with a red star and get it over with.

3 Responses to “P2P Music Sharing Ruled Legal in Canada”
  1. Kyle Haight says:

    There is a debateable issue here, believe it or not. Copyright is violated when an illegal copy is made. The person putting the files in their shared directory has not technically made an illegal copy; the copyright violation arguably occurs when the file is downloaded, and the person who should be prosecuted is the downloader, not the person who made the files available. Prosecuting the person who made the files available could be viewed as penalizing them for an action that some other person *might* perform.

    I think a more plausible line of attack would be along the lines of willful negligence, or the creation of an attractive hazard. The person sharing the files is deliberately creating a situation in which criminal activity (illegal downloading) is far more likely to occur than it would have otherwise.

    A physical-world analogy might be the way that ownership of drug paraphenelia is legal, but using it is not. As in the file sharing instance, the distinction doesn’t really pass the laugh test but there’s an arguable legal basis for it anyhow.

  2. UNANIMOUS says:

    Ok , in case you didn’t understand correctly , it is legal to download songs via P2P . However , ONCE you make a copy it is ILLEGAL . I know , it sounds a bit weird , but hey , how can THEY catch you with an illegal copy of music ? IT’s IMPOSSIBLE , unless one of your friends is secretly working with SEESUS ( CANADIAN FBI) or the FBI , and he snitches on you . After that you will have to pay a mere 20$ (the worth of the downloaded music) , or face charges !!

  3. Sincere says:

    Im actually working on this case, and the thing to understand is, that even having a music file on your computer’s hard drive is illegal. Even if you bought the CD and put the songs on the hard drive. The only legal copying of copyright material for personal use is if it is put on an “audio recording medium”, because the copyright laws are so outdated, a computer hard drive, because it can do much more than merely record music, does not fall under the “audio recording medium requirements”. Therefore it is illegal to even have the music files on your computer. This is not the case in the united states however because their copyright laws have been updated to account for computer technology.

Leave a Reply