Downloading and Demonoid
|| Print ||
Friday October 05, 2007
Yesterday's jury verdict in Minnesota is unsurprisingly generating an enormous amount of attention - a $220,000 damage award for sharing 24 songs will do that. While Declan McCullagh and Ray Beckerman provide some good analysis about why and what next, it is worth noting that the Canadian context is very different.
First, as CRIA itself acknowledged in a recent court filing, the private copying levy has been interpreted to extend to personal, non-commercial downloading so that the $200 million generated by the levy provides real compensation for P2P downloading.
Second, the statutory damages provision in Canada is marginally better, with the prospect that a court would never arrive at this kind of award. Indeed, the Act allows a court to go below $200 per infringement. Statutory damages still have no place in these kinds of cases, but at least Canadian law is a bit more reasonable.
Third, the Canadian music industry is far more divided on the issue of these lawsuits. Indeed, Canadian musicians have come out vocally against such lawsuits as have leading labels such as Nettwerk.
These differences may help account for the fact that we have not seen file sharing suits in Canada since CRIA was soundly defeated in its attempt to sue 29 alleged file sharers several years ago. Instead, CRIA has gone after intermediaries, as the recent demand notice against Demonoid demonstrate. Even those claims are suspect, however, since the Supreme Court of Canada has ruled that providers of equipment (including websites) are entitled to presume that their equipment will be used lawfully and therefore not rise to the level of authorizing infringement.
Andrew Butash said:
Jeff Andersen said:
Sarah\'s Shame said:
Dark age said:
a guest said:
R. Bassett Jr. said:
Jean Hbert said:
Dwight Williams said:
stupid quebecor said:
Friday October 05, 2007
We want to enhance competition and investment in this country, and this is why we adopted this policy back in 2008 for the AWS spectrum. Let me say that the price went down by an average of 11% since then, and we will continue this way with the 700 megahertz spectrum. We launched consultation with the industry to make sure that we enhance competition and provide better choice and better rates for our consumers.
Last week I wrote about the National Post seeking $150 licences for posting short excerpts online. It appears that the paper has now dropped the system.Mar.12/13Comments (1)