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canadian recording industry going after file swappers ala RIAA

deep

TRIBE Member
"Taking its cue from its American counterpart, the CRIA (Canadian Recording Industry Association) has begun the hunt for music file swappers. Unlike the RIAA, the CRIA are trying to find 29 (!) swappers only who use either Shaw, Telus, Rogers Cable, Bell Sympatico or Quebec's Videotron. Some companies like Shaw are openly opposing the request, whereas others, like Videotron, are pretty much planning on rolling over once the paperwork is done. Videotron customers beware: they say that they're 'actually delighted that the CRIA is doing what it's doing.' Arguments in the case begin on Monday in Toronto."

http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/1076683398081_54/?hub=SciTech
 
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Mike Richards

TRIBE Member
Finaly I can actually bitch about it locally. It's all a cop out on behalf of the recording industry er... uh should I say fat pocket beurocrats. Wha fuckin wha! Technology's got us beat so let's throw a temper tantrum! They're like friggin babies!
 

deep

TRIBE Member
I'm surprised no one else has responded to this thread - this is pretty big, hell bitchass was posting earlier this morning about how he got slapped with a copyright violation notice from his provider (telus I believe)
 
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Eclectic

TRIBE Member
I like how Shaw refuses to give out any information.

We got an email this morning with definative statements should any customers call in asking.

Damn the man I say!
 

gasper

TRIBE Member
Originally posted by deep
I'm surprised no one else has responded to this thread - this is pretty big, hell bitchass was posting earlier this morning about how he got slapped with a copyright violation notice from his provider (telus I believe)

Everyone is busy trying to figure out how to use newsgroups ;)
 

organik

TRIBE Member
this is an article that Deep posted a while back:

http://techcentralstation.com/081803C.html

Blame Canada

By Jay Currie Published 08/18/2003

A desperate American recording industry is waging a fierce fight against digital copyright infringement seemingly oblivious to the fact that, for practical purposes, it lost the digital music sharing fight over five years ago. In Canada.

"On March 19, 1998, Part VIII of the (Canadian) Copyright Act dealing with private copying came into force. Until that time, copying any sound recording for almost any purpose infringed copyright, although, in practice, the prohibition was largely unenforceable. The amendment to the Act legalized copying of sound recordings of musical works onto audio recording media for the private use of the person who makes the copy (referred to as "private copying"). In addition, the amendment made provision for the imposition of a levy on blank audio recording media to compensate authors, performers and makers who own copyright in eligible sound recordings being copied for private use."

-- Copyright Board of Canada: Fact Sheet: Private Copying 1999-2000 Decision

The Copyright Board of Canada administers the Copyright Act and sets the amount of the levies on blank recording media and determines which media will have levies imposed. Five years ago this seemed like a pretty good deal for the music industry: $0.77 CDN for a blank CD and .29 a blank tape, whether used for recording music or not. Found money for the music moguls who had been pretty disturbed that some of their product was being burned onto CDs. To date over 70 million dollars has been collected through the levy and there is a good possibility the levy will be raised and extended to MP3 players, flash memory cards and recordable DVDs sometime in 2003.

While hardware vendors whine about the levy, consumers seem fairly indifferent. Why? Arguably because the levy is fairly invisible - just another tax in an overtaxed country. And because it makes copying music legal in Canada.

A year before Shawn Fanning invented Napster, these amendments to Canada's Copyright Act were passed with earnest lobbying from the music business. The amendments were really about home taping. The rather cumbersome process of ripping a CD and then burning a copy was included as afterthought to deal with this acme of the digital revolution. The drafters and the music industry lobbyists never imagined full-on P2P access.

As the RIAA wages its increasingly desperate campaign of litigation in terrorum to try to take down the largest American file sharers on the various P2P networks, it seems to be utterly unaware of the radically different status of private copying in Canada.

This is a fatal oversight, because P2P networks are international. While the Digital Millennium Copyright Act may make it illegal to share copyright material in America, the Canadian Copyright Act expressly allows exactly the sort of copying which is at the base of the P2P revolution.

In fact, you could not have designed a law which more perfectly captures the peer to peer process. "Private copying" is a term of art in the Act. In Canada, if I own a CD and you borrow it and make a copy of it that is legal private copying; however, if I make you a copy of that same CD and give it to you that would be infringement. Odd, but ideal for protecting file sharers.

Every song on my hard drive comes from a CD in my collection or from a CD in someone else's collection which I have found on a P2P network. In either case I will have made the copy and will claim safe harbor under the "private copying" provision. If you find that song in my shared folder and make a copy this will also be "private copying." I have not made you a copy, rather you have downloaded the song yourself.

The premise of the RIAA's litigation is to go after the "supernodes," the people who have thousands, even tens of thousands of songs on their drives and whose big bandwidth allows massive sharing. The music biz has had some success bringing infringement claims under the DMCA. Critically, that success and the success of the current campaign hinges on it being a violation of the law to "share" music. At this point, in the United States, that is a legally contested question and that contest may take several years to fully play out in the Courts.

RIAA spokesperson Amanda Collins seemed unaware of the situation in Canada. "Our goal is deterrence. We are focused on uploaders in the US. Filing lawsuits against individuals making files available in the US."

Which will be a colossal waste of time because in Canada it is expressly legal to share music. If the RIAA were to somehow succeed in shutting down every "supernode" in America all this would do is transfer the traffic to the millions of file sharers in Canada. And, as 50% of Canadians on the net have broadband (as compared to 20% of Americans) Canadian file sharers are likely to be able to meet the demand.

The Canada Hole in the RIAA's strategic thinking is not likely to close. While Canadians are not very keen about seeing the copyright levy extended to other media or increased, there is not much political traction in the issue. There is no political interest at all in revisiting the Copyright Act. Any lobbying attempt by the RIAA to change the copyright rules in Canada would be met with a howl of anger from nationalist Canadians who are not willing to further reduce Canada's sovereignty. (These folks are still trying to get over NAFTA.)

Nor are there any plausible technical fixes short of banning any connections from American internet users to servers located in Canada.

As the RIAA's "sue your customer" campaign begins to run into stiffening opposition and serious procedural obstacles it may be time to think about a "Plan B". A small levy on storage media, say a penny a megabyte, would be more lucrative than trying to extract 60 million dollars from a music obsessed, file sharing, thirteen year-old.

If American consumers objected -- well, the music biz could always follow Southpark's lead and burst into a chorus of "Blame Canada". Hey, we can take it….We'll even lend you Anne Murray.
 
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Access

TRIBE Member
If you only download tracks from small independant european labels, the the American Record Industry can't technically touch you.

Theoretically, would this be true? I'm thinking so unless the small European label is owned by a big American company.
 

deep

TRIBE Member
today's update : looks like they're going after people who share Canadian content

Canadian recording industry hopes to inspire fear over file swapping


By KEITH DAMSELL
From Saturday's Globe and Mail

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Toronto — Jeremy Brzozowski is spooked.

The 22-year-old Ottawa student stopped grabbing music off the Internet last fall after he heard the big music companies were taking file swappers to court in the United States.

"I was a pretty big user of Kazaa and Napster," said the Carleton University criminology student. His music collection swelled to 5,000 songs — before he stopped downloading. Fears of the long arm of the law have now got him looking for cheap CDs at the local mall.

"Anything more than $10 for a CD is pushing it," he said.

Mr. Brzozowski's decision to curtail downloading is music to the ears of the Canadian recording industry, which has decided to follow the American example in pursuing file swappers in court.

On Monday, the country's biggest music producers will ask the Federal Court of Canada to order Internet service providers, which include Canada's largest communications companies, to hand over the identities of customers that share music over the Internet. The dispute promises to be a tense showdown pitting the fate of Canada's music industry against the privacy rights of Internet surfers.

"There was no other option," said Brian Robertson, president of the Canadian Recording Industry Association.

A $1-million public awareness campaign against the evils of downloading, and e-mails sent directly to song swappers, have not curtailed rampant downloading, Mr. Robertson said.

CRIA estimates illegal downloading has cost Canadian retailers about $425-million in sales since 1999.

"We felt we had to go to the next step which is litigation. We've gone through education, communication and litigation [is] aimed at uploaders, the most flagrant exploiters of it," he said.

CRIA wants a who's who of high-speed Internet access providers — BCE Inc., Rogers Communications Inc., Shaw Communications Inc., Vidéotron Ltée and Telus Corp. — to identify 29 prolific music "uploaders," Internet users that post songs illegally on the Web for others to copy.

Five thick brown binders filed with the Federal Court in Toronto are filled with long lists of illegally swapped songs by Canadian artists, from youthful rockers Sum 41 to the country star Shania Twain.

"Infringements of copyright have taken place via the Internet," the motion claims. The so-called "infringers" were posting songs illegally on peer-to-peer file copying services and networks, including Kazaa and Morpheus, CRIA alleges in its Feb. 10 notice of motion.

CRIA's manoeuvre follows a string of industry lawsuits against illegal song swappers in the United States. Downloading rates there are down by about 50 per cent since the legal battle was launched.

In Canada, legal action is "an extension of an education program," Mr. Robertson said. "If litigation is the only way we can get their attention to let people know it is illegal and the damage it is doing, it is obviously a worthwhile endeavour," he said.

The ISPs, which sell Internet access to computer users, plan to respect the court's ruling and hand over customer data if so ordered. But each company argues its first obligation is protecting the rights of its customers.

"It's essentially serving a civil search warrant," said Peter Bissonnette, president of Shaw Cablesystems. The Calgary-based TV and Internet service provider claims the privacy of its close to one million high-speed Internet customers is at stake.

Shaw will hand over customer details if ordered, but warns that it may be very difficult to find illegal downloaders because account information changes frequently on illegal song swapping services.

While Rogers is keeping its legal tactics under wraps, BCE and Telus will ask the court on Monday for an adjournment so they can try to contact alleged uploaders before deciding how to proceed.

"We want more time to give our customers an opportunity to respond," said Jay Thomson, Telus's assistant vice-president of broadband policy.

ISP customers are obligated to follow a code of conduct that prohibits illegal activity, including copyright infringement. While providers monitor broadband use to thwart unwanted servers and networks, content is rarely examined.

"It is very difficult for us to monitor each customer's behaviour and we don't do that," said Ian Hembery, interim president of the Canadian Association of Internet Providers.

Several ISPs added that they have co-operated with CRIA in the past when notified about heavy song downloading by customers. MediaSentry Inc., a New York research firm that tracks on-line piracy, monitors illegal song distribution sites on behalf of CRIA.
 

deep

TRIBE Member
Originally posted by Access
If you only download tracks from small independant european labels, the the American Record Industry can't technically touch you.

Theoretically, would this be true? I'm thinking so unless the small European label is owned by a big American company.

When the RIAA went after people in the US in the past year, they seemed to focus only on music that was within the RIAA's interest i.e. their member labels. Which usually meant more mainstream MTV type stuff.
 
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organik

TRIBE Member
Apple/Pepsi commercial.

The Register:
http://www.theregister.co.uk/content/6/35259.html

Four children bullied by the Recording Industry Association of America will re-enact their shame for tens of millions of TV viewers today, at the behest of two giant American corporations: Apple Computer and Pepsi Cola Inc.
Instead of using actors to dramatize their shame, the RIAA, Apple and Pepsi have forced the children themselves to conform with the copyright regime, and to look suitably browbeaten as a series of captions reads: INCRIMINATED … ACCUSED … BUSTED … CHARGED.

Is this a medieval costume drama? A low-budget dramatization of some era of America's dark and troubled past, recorded by Hawthorne, when public humiliations were commonplace? Or is it some strange and sadistic imported Japanese game show - the kind where people assent to be filmed eating worms?



p2pnet:
http://p2pnet.net/story/672

"It's all in good spirit," says Dave Burwick, chief marketer, Pepsi, North America.
Josh Wattles, however, doesn't think that adequately describes the commericial. In fact, "Falsely attributing criminal conduct to someone is a slam-dunk libel in just about every state," he says.

"There's no calculus of relative harm to justify this kind of abusive, untruthful and cynical behavior towards minors no matter how complicit their misguided parents may have been in this deception."

He's the former acting general counsel of Paramount Pictures, a key architect of the MPAA's (Motion Picture Association of America) anti-piracy programs in the transition to videocassette distribution, and the former senior executive in charge of Viacom's music subsidiaries, The Famous Music Publishing Companies.

It started last year when Big Music instructed the RIAA, its principal enforcer, to sue any file swapper it could identify for copyright violations. Its lawyers used 'instant subpoenas' obtained under the Digital Millennium Copyright Act (DMCA) to pressure ISPs into handing over subscriber names and addresses - until the Verizon decision put a stop to it.

However, before being ordered to use due process like everyone else, the RIAA had been able to track down and identify a number of p2p file swappers, mostly teenagers and students, whom they threatened with civil, not criminal, court actions. Unless they settled.

The 16 teenaged Pepsi stars were among those swept up in the RIAA's 'investigations'.

By the sheer volume of ink the RIAA has been able to generate in the media, it's succeeded in making people believe anyone who downloads music, shares files, swaps music, or whatever you want to call it, is a criminal and thief.

That's not true.

But the RIAA's relentless, mind-numbing assertions have been sufficient to paint the picture and hence, the Pepsi/iTunes campaign could be catchily entitled "I Fought the Law".

And, "I was one of the kids prosecuted for downloading music," says a teenager. She was not, though, 'prosecuted' for anything. She'd never been in a court. She was, rather, mouthing words from a script contrived by BBDO and approved by Pepsi and Apple.

However, to make the theme stand up, the message that these kids were ex-criminals who'd been rightfully 'prosecuted' had to be driven home hard and therefore, Busted, Charged, Incriminated, and Accused appears over their images, and the carefully arranged lighting and their sullen looks purposefully suggest a gritty, urban, isolated feel - the kind of thing associated on TV with 'lawbreakers' and criminality."
 

deep

TRIBE Member
today's update : Lawsuits put on hold


Canadian file-swapping case on hold

Globe and Mail Update

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The Canadian Recording Industry Association's bid to force Internet producers to reveal some of the identities of their customers who share music over the Internet is on hold.

Justice Konrad von Finckenstein has adjourned the proceedings in the Federal Court of Canada until March 12, to study the technical requirements of the motion and how it would affect existing privacy legislation.



Under Canadian law, it is legal to download music files from the Internet, but illegal to make them broadly available.

The CRIA wants Canada's five largest Internet access providers — BCE Inc., Rogers Communications Inc., Shaw Communications Inc., Vidéotron Ltée and Telus Corp. — to identify 29 prolific music "uploaders," Internet users who post songs illegally on the Web for others to copy.

Each of the Internet providers has said it will respect the court's ruling and hand over customer data if so ordered, but they argue that the first obligation is protecting the rights of its customers.

“We have the opportunity to give the customers that were targeted by this motion notice so that they can come forward and participate in this court proceeding and protect their own interests,” said Wendy Matheson, a lawyer representing Rogers.

Customers are obligated to follow a code of conduct that prohibits illegal activity, including copyright infringement. While providers monitor broadband use to thwart unwanted servers and networks, content is rarely examined.

The CRIA estimates illegal downloading has cost Canadian retailers about $425-million in sales since 1999.

“We've had layoffs of up to 20 per cent of people who work in this industry,” Richard Pfohl , general counsel for the CRIA, told reporters Monday. “We're letting people know that, frankly, when you break the law there are consequences that you have to pay.”

The CRIA's manoeuvre follows a string of industry lawsuits against illegal song swappers in the United States.

Downloading rates there are down by about 50 per cent since the legal battle was launched.
 

DTD

TRIBE Member
This issue with this CRIA really pissed me off I called them and the women was a total pig. She knew nothing about the issue only the corprate media propaganda. If anybody is interested in forming a organization to deal with this on behalf of the dance/dj community drop me an email in my box. I'm into staring something around this but cannot commit to it 100%.

Call them at: Phone: (416) 967-7272
I would not email i don't think they even read them.

http://www.cria.ca/contact.htm
 

deep

TRIBE Member
I love how they blamed layoffs on downloading practices, not on their outdated business model
 
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bitchass

TRIBE Member
i keep hearing quotes that the recent RIAA lawsuits have decreased the downloads in america by almost 50%. i think thats the biggest crock of shit ever and that they are probably only counting kazaa users or something.
 
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