File Sharing in Canada: A Follow-up to the CRIA Case

As reported in the E-Tips Special Report (Vol 2, No 21, March 31, 2004), the Federal Court of Canada dismissed the Canadian Recording Industry Association's (CRIA) motion to compel several Internet Service Providers (ISPs) to disclose the names of customers who allegedly traded music on the Internet.In reaching its decision, the Court made three key findings:

1. CRIA did not make out a prima facie case of copyright infringement;
2. CRIA did not establish that the ISPs are the only practical source for the identity of the peer-to-peer (P2P) pseudonyms; and
3. CRIA did not establish that the public interest for disclosure outweighs the privacy interests of the ISP customers.

In addition, the Court made two key findings with respect to copyright infringement and privacy. Not only did the Court conclude that copying a song for personal use does not amount to infringement, it went on to hold that the mere placement of personal copies of music files in a shared directory which can be accessed via a P2P service does not amount to distribution or authorization. In keeping with the position that the privacy rights of individuals must be balanced against the public interest, the Court ruled that the privacy concerns outweighed the public interest concerns in favour of disclosure in this case, given the unreliability of the data and the serious possibility of an innocent account holder being identified. In the aftermath of the decision, CRIA and others have intensified pressure on the federal government to quickly complete its copyright reform process and the Heritage Minister, Ms Hélène Scherrer, has indicated that such reform will be made a top priority. Had Canada already ratified two relevant WIPO Treaties by legislative amendments to the Copyright Act, the outcome of the CRIA case might well have been different. For a more extended discussion of these and related issues, see the article on our web site, "Next Steps: The Aftermath Following the Federal Court's Dismissal of CRIA's Motion for Disclosure in File Sharing Suits". For a copy of the CRIA decision, see: http://makeashorterlink.com/?A22C230F7. For an article on the intentions of the federal government regarding file sharing and copyright reform, see: http://makeashorterlink.com/?Y26312508. Summary by: Colin Adams