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Canadian Judge Rules In Favour Of File Sharers

by Glen Shapiro, for LawAndTax-News.com, New York

02 April 2004

Ruling on Wednesday, Canadian judge, Justice Konrad von Finckenstein denied an attempt by the Canadian Recording Industry Association (CRIA) to force four internet service providers (ISPs) to reveal the identities of 29 alleged file sharers.

Delivering his verdict, Justice von Finckenstein explained that:

"No evidence was presented that the alleged infringers either distributed or authorised the reproduction of sound recordings. They merely placed personal copies into their shared directories which were accessible by other computer users via a P2P service."

He went on to add that:

"I cannot see a real difference between a library that places a photocopy machine in a room full of copyrighted material and a computer user that places a personal copy on a shared directory linked to a P2P service."

The suggestion that merely placing files in a directory that can be accessed by others does not constitute an illegal action places the Canadian judiciary in stark opposition to its US counterpart on this issue.

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