Canadian court denies recording industry access to ISP records

[Dave Farber <dave () farber net>]

Delivered-To: dfarber+ () ux13 sp cs cmu edu
Date: Wed, 31 Mar 2004 15:18:06 -0600
From: Bob Alberti <alberti () sanction net>
Subject: Canadian court denies recording industry access to ISP records
To: dave () farber net

"The Federal Court of Canada ruled Wednesday that Internet Service Providers
can't be forced to turn over identities of suspected music swappers..."

http://tinyurl.com/28ebu

"...the judge found that simply downloading a song or having a file
available on peer-to-peer software such as Kazaa doesn't constitute
copyright infringement.

"The mere fact of placing a copy on a shared directory in a computer where
that copy can be accessed via a P2P service does not amount to
 distribution," Judge von Finckenstein said.

"Before it constitutes distribution, there must be a positive act by the
owner of the shared directory, such as sending out the copies or advertising
that they are available for copying."

Bob Alberti, CISSP, President           Sanction, Inc.
Phone: (612) 485-6000 ext 211            PO Box 583453
http://www.sanction.net            Mpls, MN 55458-3453

"So when WAS the last time you changed your password?"

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