New Manvir
28-09-2007, 04:01
How do you feel about the issue of P2P Filesharing of Movies, Music and all other media? How does the law in whatever Country you live in feel about the issue?
In Canada..... (http://en.wikipedia.org/wiki/File_sharing_in_Canada)
Canada has the greatest number of file sharers per capita in the world according to a report by the OECD. [1] As well, the same report states that the number of file sharers in Canada is steadily rising unlike the number of file sharers in the U.S.A., bringing to the forefront issues dealing with the legality of file sharing.
File sharing in Canada is partially legal but may be limited. Important distinctions have been made regarding the legality of downloading versus uploading copyrighted material as well as "musical works" versus other copyrighted marterial. Previous Canadian copyright decisions found it legal to download music, but not to upload it.[2][3]
However, in BMG Canada Inc. v. John Doe -- the most recent decision on the matter by the Federal Court, the highest Canadian court to rule on the issue -- under certain conditions both downloading and uploading are legal. Specifically, clauses [24] and [25] of the decision[4] state that Section 80(1) of the Copyright Act[5] allows downloading of musical works for personal use. This section specifically applies to musical works and therefore the decision makes no determination as to the legality of downloading other forms of copyrighted works. The implication is that downloading of non-musical works would be illegal because it is not protected by Section 80(1), but this has not been tested.
Clauses [26] to [28} of the decision also make a ruling on uploading, stating that
The mere fact of placing a copy on a shared directory in a computer where that copy can be accessed via a P2P service does not amount to distribution. Before it constitutes distribution, there must be a positive act by the owner of the shared directory, such as sending out the copies or advertising that they are available for copying.
This decision therefore gives five distinct legal categories for P2P sharing legality:
1. Downloading musical works for personal use is legal.
2. Downloading musical works for non-personal is illegal by the Copyright Act, though not specifically ruled on.
3. Downloading non-musical copyrighted works for personal or non-personal use is illegal by the Copyright Act, though not specifically ruled on.
4. Uploading any (musical or not) copyrighted works by passively making available for copying is legal.
5. Uploading any (musical or not) copyrighted works by making a positive act to send or advertise the work is illegal.
This decision has not been overturned, so this is current Canadian law.
poll coming...NOOOOOOO!!!! I spelt blood wrong... :(
In Canada..... (http://en.wikipedia.org/wiki/File_sharing_in_Canada)
Canada has the greatest number of file sharers per capita in the world according to a report by the OECD. [1] As well, the same report states that the number of file sharers in Canada is steadily rising unlike the number of file sharers in the U.S.A., bringing to the forefront issues dealing with the legality of file sharing.
File sharing in Canada is partially legal but may be limited. Important distinctions have been made regarding the legality of downloading versus uploading copyrighted material as well as "musical works" versus other copyrighted marterial. Previous Canadian copyright decisions found it legal to download music, but not to upload it.[2][3]
However, in BMG Canada Inc. v. John Doe -- the most recent decision on the matter by the Federal Court, the highest Canadian court to rule on the issue -- under certain conditions both downloading and uploading are legal. Specifically, clauses [24] and [25] of the decision[4] state that Section 80(1) of the Copyright Act[5] allows downloading of musical works for personal use. This section specifically applies to musical works and therefore the decision makes no determination as to the legality of downloading other forms of copyrighted works. The implication is that downloading of non-musical works would be illegal because it is not protected by Section 80(1), but this has not been tested.
Clauses [26] to [28} of the decision also make a ruling on uploading, stating that
The mere fact of placing a copy on a shared directory in a computer where that copy can be accessed via a P2P service does not amount to distribution. Before it constitutes distribution, there must be a positive act by the owner of the shared directory, such as sending out the copies or advertising that they are available for copying.
This decision therefore gives five distinct legal categories for P2P sharing legality:
1. Downloading musical works for personal use is legal.
2. Downloading musical works for non-personal is illegal by the Copyright Act, though not specifically ruled on.
3. Downloading non-musical copyrighted works for personal or non-personal use is illegal by the Copyright Act, though not specifically ruled on.
4. Uploading any (musical or not) copyrighted works by passively making available for copying is legal.
5. Uploading any (musical or not) copyrighted works by making a positive act to send or advertise the work is illegal.
This decision has not been overturned, so this is current Canadian law.
poll coming...NOOOOOOO!!!! I spelt blood wrong... :(