In the wake of this morning’s Pirate Bay decision, the Canadian Recording Industry Association is unsurprisingly continuing its lobby efforts by sending out messages to MPs and media that the case is evidence that Canada must update its copyright laws. It is important to set the record straight – today’s decision does not provide any evidence of the need for Canadian copyright reform. In fact, if CRIA’s goal is to address a potential Canadian Pirate Bay, it likely already has all the laws it needs. Rather, the claims that C-61 style reforms are urgently needed is simply a matter of bait and switch since the failed C-61 (modeled on the U.S. DMCA) did not meaningfully address liability for torrent search site like the Pirate Bay.
There are three key points to keep in mind in this regard.