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Online music swapping legal : Court

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Your heading for this topic is incorrect. There was no ruling saying file sharing was legal.


The Canadian judge struck down the motion asking for identities to be revealed because the motion was structured in a way that did not adequately illustrate that the individuals were sharing (ie: distributing)the music files. That is...the motion was written in a way in which it could be construed that the presence of directories was basis for filing action. Which legally, is not specific enough.


It's just a question of semantics. The motion will be rewritten and refiled in a way that will be approved by the judge. Canada is part of the Berne convention and operates under the same copyright guidelines that the rest of us in the convention do.


What you are reading in the Canada story is similar to what happened in the US a year and a half ago when some of the telephone companies filed lawsuits to stop the RIAA from obtaining user identities. Some folks incorrectly hailed this as "the telephone/ISP's are now gonna fight the RIAA to make file sharing legal". Not the case. The phone companies simply did not want to get in the middle of things and felt the RIAA was proceeding with incorrect types of paperwork. Once the RIAA revised it's method of subpoena action, the phone companies/ISP's gladly began turning over the user identity information.


Once the Canadian motion is reworded and refiled, the Canadian judge (or another) will grant the motion and the Canadian lawsuits will begin.

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I'm simply passing this bit of news along to those who may care.

Yes, the headline was painted with a pretty broad brush, wasn't it?

Although I have no idea what your credentials are,

the opinion expressed in your response sounds

very informed and learned.

Of course, this will grind on inexorably through the system.

Then again, the judge is the judge. :)

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Originally posted by Jeebus:

Legal or illegal, it won't be stopped.

Don't worry, little LOAD Jeeb-ass, nobody will be swapping your files, because you don't have any.


That excuse about the dog eating your MP3 files is getting a bit old. I guess it's as good an excuse as it gets for chickens though.

Have you recorded an MP3 today?
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lots a things are illegal.. and your right it will not stop.


I think a big change is going to happen in the industry, ... there just seems to be a lot more happening now then 10 years ago, ....


I wonder how it will be in the end?

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