Talk:File sharing in Canada

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I know there is a lot more information on this topic out there in cyberspace...please find it and add it. Thanks. Rob 19:09, 1 June 2006 (UTC)

Contents

[edit] False information in the article

This information:

However, contrary to popular opinion, file sharing in Canada is not completely legal. Important distinctions have been made regarding the legality of downloading versus uploading copyrighted material. Copyright decisions in Canada have seemed to make it legal only to download copyrighted material for personal use. Uploading or distributing copyrighted material is not allowed according to recent copyright decisions.[1][2]

...is apparently chiefly based upon http://grep.law.harvard.edu/articles/03/08/22/1655233.shtml, essentially a blog entry. After having reviewed the Real World in Canada, the most recent decision says nothing like the above. I am therefore ripping everything out and replacing it with something true. Loisel 03:21, 12 September 2006 (UTC)

First of all, you should realize that evidence for the conclusion that uploading is allowed in Canada is presented in the "Legal History" section. Secondly, the blog entry is actually run by the Harvard Law School, which I'm sure we can agree is a reputable institute for interpreting legal history (they do not solely look at American law). The original edit says "Copyright decisions in Canada have SEEMED to make it legal" does not make this a deductive argument, but an inductive one. Therefore, the edit does not guarrantee certainty of the claim that uploading is legal, but merely suggests it likely to be true based on past legal decisions. 207.112.76.138 03:52, 18 October 2006 (UTC)Alex

Actually, it's an "anonymous" blog entry. Even if you were to consider GrepLaw a reputable source for such information, they have mentioned that they have not reviewed that specific anonymous entry. I will go look for a reputable source for the claim that file uploading is illegal or sources that might say otherwise; I know for a fact that CNet.com at one point said that the 2004 ruling also made file uploading legal (http://news.com.com/2100-1027_3-5182641.html). Thanks. Saeed Jahed 20:41, 3 November 2006 (UTC)
I tried to fix up some of the misinformation in the article. It must be made clear that under Canadian law, music is treated differently from any other copyrighted work, because the private copying exemption only applies to music (that's also the reason we pay ~$0.21 per blank CD..). File sharing of any sort of copyrighted works other than music is clearly illegal. Djedi 08:06, 12 December 2006 (UTC)

In the case BMG Canada Inc. v. John Doe, the judge has clearly stated that music sharing is legal. However, it does not necessarily make file sharing legal in Canada since in the appeal (2005), the court expressly addressed the conclusions of the Motion Judge relating to copyright law by providing a number of examples to demonstrate that it was premature for the Motion Judge to have reached any conclusions with respect to copyright without having heard the full evidence and legal argument that will be presented at trial (http://www.moffatco.com/pages/publications/BMG%20Case%20-%20E-Commerce.pdf). As such, doubts remain about the legality/illegality of online music sharing and people shouldn't assume that they are immune from prosecution as the court may be called to clarify the matter in future litigations. Tempestdrg, 15 August 2007.

the decision of the appeal court (2005) mentioned above, essentially erased any decisions about whether file sharing constitutes copyright infringement or not. therefore practically this whole article is out of date and wrong. i'll try to fix it... 85.179.77.63 15:22, 16 November 2007 (UTC)
ok, did some editing, hopefully there's no more false information... -- 85.179.77.63 (talk) 22:18, 16 November 2007 (UTC)

i reworded the statement "Previous Canadian copyright decisions found it legal..." - the citations given only give opinions from analyst Micheal Geist, and from an anonymous law student on a blog. the citations make no reference to any actual legal decisions. perhaps the statement was referring to a 2003 ruling of the copyright board, but even then the statement was misleading, since the copyright board has no authority to make law. i have also reworded the history section on this topic to reflect that. IamNotU (talk) 01:54, 23 November 2007 (UTC)

[edit] More than just music

Would someone include something, however brief, about non-music file sharing in Canada, including movies, copyrighted software, television shows, and other copyrighted works? Thanks Rob 05:56, 25 September 2006 (UTC)

Done (to an extent.. maybe should be elaborated?) Djedi 08:07, 12 December 2006 (UTC)

[edit] Missing Citations Tag

to Collarblind, please indicate why and where you feel citations are missing, since there are plenty of citations and footnotes in the article. -- 85.179.77.63 (talk) 22:23, 16 November 2007 (UTC)

ok, no response from Collarblind, and i can't see any reason for the tag, so i'm reverting it. IamNotU (talk) 19:56, 21 November 2007 (UTC)

to Elakhna - this article contains many citations. so it is clearly false to state "This article does not cite any references or sources" at the top. i have un-done your tag. please feel free to clarify your reasons for putting the tag there and we can see if we can improve the article. IamNotU (talk) 23:31, 20 February 2008 (UTC)

[edit] File sharing and the fees or levies (taxes) placed on recordable media (CD-r's, etc)

If we here in Canada have been paying a special tax for the past x years on recordable media, and if that tax has been given to the Canadian recording industry as compensation for music copying, then why isin't music uploading/downloading legal in Canada?

it is legal. downloading anyway. we're not completely sure about uploading, but probably.

If the recording industry is being compensated for it, then why is it illegal?

it's not illegal. ditto.

As far as I know, Americans pay no taxes on recordable media that goes to the RIAA.

Also, has anyone in Canada been taken to court for being an uploader, or a downloader of music? —Preceding unsigned comment added by 70.51.0.142 (talk) 21:41, 30 December 2007 (UTC)

yes, they have.
for more detailed answers to your above questions, you might enjoy reading the article File sharing in Canada. IamNotU (talk) 00:02, 21 February 2008 (UTC)

[edit] Could someone please find some source for...

downloading "complete copyrighted works such as books, movies, or software is illegal under the Act". Thanks! Rob (talk) 01:00, 17 February 2008 (UTC)

the second sentence in that same paragraph contains essentially the same statement ("unauthorized copying or distribution of copyrighted material, whether for profit or for personal use, is illegal under Canada's Copyright Act."), and cites the act itself as a reference. is that not sufficient? IamNotU (talk) 23:54, 20 February 2008 (UTC)
no reply from Rob after more than a month, undoing "citation needed" tag... IamNotU (talk) 04:00, 5 April 2008 (UTC)