ISPs Not Liable For Royalties

Posted on Wednesday, June 30 at 12:02 by drcaleb
In the US, organizations like the RIAA are using provisions in the DMCA to force ISP's to give them the names of people the RIAA believes are illegally 'pirating' music. This is a daunting task, and they tend to get it wrong, and end up suing people who did not download music. The RIAA usually wins, because the lawsuits are civil, rather than criminal, and the standards for proof are much more lax. People don't have the money to defend themselves against a Lawyer Army, even if they are innocent.

In Canada, the supreme court has already rejected this tactic, ruling that there was no way for the industry to tell what these people downloaded or uploaded to the internet.

Now, why do you care? Every piece of digital media that can possibly hold digital information, and by it's nature hold 'pirated' data, is already subject to a levy which is supposed to be given to SOCAN or CIRA artists. Blank CD's DVD's, Computers, MP3 players all carry the levy which is in addition to VHS and cassette tapes. To date, not a penny of this levy has been given to artists.

Do you know what is installed on your computer? Has someone installed KaAzA, or Bearshare or Limewire on your computer, and is your computer sharing songs on the Interent? Do you have $4000 for to give the recording industry's Lawyers when they come knocking to settle out of court? Today the Supreme Court stood up for individuals and is forcing the big corporations to prove things before they start fleecing the Citizens of Canada.

Canada.com Article

CBC Article

Globe Article



Note: RIAA DMCA wrong innocent rejected SOCAN CIRA Canada.com Article CBC Article Globe Article

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Comments

  1. Thu Jul 01, 2004 12:46 am
    This is great news. Did you also notice the Minister of Heritage Helene Scherre was defeated? Just before the election she was vociferously insisting she was going enforce the RIAA's IP rules. Lets hope the good news keeps on coming.

    ---
    If you don't like these ideas, I've got others. --Marshall McLuhan

  2. by avatar Jesse
    Thu Jul 01, 2004 12:49 am
    It all depends who they replace her with...

    ---
    Jesse

  3. by avatar Milton
    Thu Jul 01, 2004 8:04 pm
    The courts already ruled that it was legal to download and upload music etc in Canada. Paul Martin made an announcement at the Juno awards that he would be passing legislation to make it illegal to do so. Lets hope that does not come to pass now.

  4. by hoopoe
    Fri Jul 02, 2004 2:55 am
    In my opinion, these music companies and artists have only themselves to blame. For how many years have these people been gouging consumers to the tune of at least double the amount that they should be charging. I can't see any reason why any CD should cost more than $10.00. At this price, they could still make good money on thousands of sales. Do these people think that just because they produce a song they deserve to be automatic millionaires? Also, every CD that is produced magically is the same price. I think the record companies better reduce their prices and shut up before too many people start demanding an investigation of collusion in their industry.

  5. by avatar Jesse
    Fri Jul 02, 2004 12:23 pm
    The courts only decided it was legal to upload music; downloading is still a very, very grey area.

    Personally, I think that we need copyright reform instead of legal impediments. I'm happy with Canada's approach to the whole issue thus far; let's hope that we can continue to make reasonable decisions without taking away people's rights.

    ---
    Jesse



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