Canada: Unsafe for US musicians
p2pnet.net News:- Hiawatha Bray doesn’t think much of Canadian justice Konrad von Finckenstein’s ideas on file sharing. (You remember – where von Finckenstein turns down Big Music’s demand for an order to force five Canadian ISPs to reveal the identities of 29 of their clients?)
Not that Bray, a Boston Globe columnist, needs to worry too much given that Canadian prime minister Paul Martin is solidly behind the Big Five record labels to the extent he thinks they’re a part of Canada’s sovereignty. Yep. Believe it.
Anyway – “The Canadians, who often consign the United States to the status of rogue nation, demonstrated last week that they too can thumb their noses at international law when the fancy takes them,” Bray says here, going on:
“That’s one way to read the ruling by Canadian judge Konrad von Finckenstein, who declared that citizens of the Great White North can swap copyrighted music over the Internet to their hearts’ content … Which means that Canadians may legally pass around copies of their favorite music recordings or movies – even if these recordings were produced by US artists or firms.
“But wait – isn’t there some sort of treaty covering that? Don’t countries have to enforce each other’s copyright statutes? Well, yes. Sort of. The World Intellectual Property Organization is the global body that’s supposed to see to this sort of thing. It’s supported by a long and grandiose copyright treaty, just the sort of thing that ought to be dear to the hearts of Canadian leaders.
“But Canada hasn’t ratified the treaty. The government says it’s going to – just you wait. But till it does, Canada is a sort of digital Sunni Triangle, a place where file swappers roam wild and free and no American musician is safe.”
Not to worry, though, because “Finckenstein’s interpretation of copyright may well be shot down on appeal,” Bray continues, echoing the devout hope of the Big Five record labels. “In the long run, it’s in Canada’s interest to protect the intellectual property of other nations, as a way of protecting its own. But for now, Canadians are free to fill their hard drives with pilfered tunes, while the Mounties look the other way.”
Digital hipsters
Meanwhile, Bray continues, “the file-swappers persist in hunting up new and better ways to practice their illicit hobby – How else to explain the growing popularity of BitTorrent, fast becoming the digital hipster’s preferred swapping technology?”
How else indeed?
“In fact, BitTorrent is attractive more for its geek appeal than its practicality,” says Bray. “Its inventor, Bram Cohen, insists he had no intention of helping people trade pirated files, and his program is a lousy tool for that purpose. But don’t be surprised if BitTorrent technology ends up becoming an Internet standard for sharing large chunks of data.”
Why’s that? Because, apparently, BT not only has geek appeal, it could “also be a powerful corporate tool, for sharing vital documents among teams of employees linked by computer networks. Giving each team member a BitTorrent program would let them download large files without overloading a central server.”
And that, concludes Bray, serves as a useful reminder that there’s “nothing innately wicked about file-swapping programs. There’s plenty of good in them, when properly employed.
“Maybe that’s what Judge Finckenstein meant to convey; a gleam of insight in his otherwise ridiculous ruling.”
April 5th, 2004 at 9:30 pm
Mr. Bray, you are either a total moron or just like to bash Canada.
How many world treaties has the US opted out of ?????
Let’s see: Kyoto, Chemicak and Biological weapons treaties, Nuclear arms in Space , Land mine ban etc, etc.
How about UN resolutions on Iraq. The US does whatever it wants and you do not even raise an eyebrow, yet let other countries do one thing against US interests and boy do you and other Americans complain about injustice.
Why not look in your own backyard, and then judge others.
J.P.K.
April 5th, 2004 at 9:40 pm
Just on another note, I would have thought it illegal to steal another countries resources (Iraqi oil). But oh well, I guess I’m the one doing the greater crime being another “Geek”, music downloading thief.
D.U.
April 5th, 2004 at 9:41 pm
There is very little suprise in the judgement in that the case as presented forgot to offer any evidence. All that was presented was hear say and speculation. In our courts evidence is required.
Gerald , Nova Scotia
April 5th, 2004 at 9:47 pm
Canadians also pay a rather hefty tax on digital media that is supposed to go to record companies for this, don’t they?
Over 70 million collected in the past three years alone.
April 5th, 2004 at 9:54 pm
File sharing only hurts the richest of music machines, as they have the money to buy all the promo space they need. Everyone else suffers, because they can’t afford the promo space. The music industry isn’t about music anymore, if it ever was, its about keeping media distribution, which is no longer “technically” expensive, “artifically” expensive, so as to maintain the record sales of the most controlled and commercially viable artists.
Lower record sales(still not shown with real evidence) won’t kill the industry. Unless people suddenly stop liking music the industry can’t be killed, but it can be let free(free as in freedom, not free beer) and the major lables fear nothing more than the artists promoting themselves.!!
April 5th, 2004 at 10:04 pm
Apparently Mr. Bray didn’t take the time to get even the most basic facts right. He wrote, Quote;
Canadians may legally pass around copies of their favorite music recordings or movies – even if these recordings were produced by US artists or firms.
Dead wrong. When the most basic fact in an article is wrong, it makes you wonder why was the article published in the first place. Canadians cannot distribute, also known as uploading, copyrighted material. It’s illegal in Canada however dowloading is not illegal because Canadian pay royalities on storage media like blank CD when they are purchased. However since there are enough Americans uploading copyrighted material Canadians don’t have to. Really Mr. Bray, do some reasearch and maybe go plant another landmine in a schoolyard in a third world country.
April 5th, 2004 at 10:30 pm
Horsefeathers… What the Judge said, if anyone bothered to read the ruling, is NOT that it is okay to upload and download at will, but that the record labels, via their investigator, did not have a shred of evidence to prove their point, and only presented hearsay evidence at best. That is simply NOT acceptable in either US or Canadian law. You need to PROVE guilt, and not simply question innocence. Apparently there are columnists in the US, such as one in Boston, who do not understand the concept innocent until proven guilty, and that no judge should issue even a search warrent without sufficient proof that there IS a guilty party.
Now in the US it has become common practice for police to go before a judge and claim some illegal action has occurred and thus have gottent the judge to issue a search warrent, but lately courts have started to frown on this and have litererally rejected such an approach. In Canada that approach has always been rare, and we also do not have grand juries, doing grandstanding, and elected DAs who need to appeal to the populace to get re-elected instead of worrying about real justice being done.
So listening to the hypocrits in the US claim foul when Canada is JUST and the US is NOT is rather disgusting in my view. When the US can be as even handed as Canada and when money does not determine who goes to jail and who gets acquitted, come back here and complain about Canadian justice. In the mean time, Americans, stuff it.
April 5th, 2004 at 10:32 pm
I am a Canadian myself, and would like to appologize to Mr.Bray for “Mr. Uninformed” who spoke ever so freely…or who is just another antiamerican I suspect.
As far as I see it, without the US the world would not be as we know it, going back to the world wars, as well as today, where the US is actually dealing with the terrorist/dictators issues (as oposed to the UN who is signing papers with them, and actually helping dictators remain in power…noone is that stupidly “nice”)
As far as file sharing goes, I am 100 percent behind stopping it, if ONLY it be to help prevent the perverts from “sharing” some very disturbing material! I think that keeping our kids safe on the net is all that matters…if that means for you to buy your own CD from the store..or a second hand store, so be it. File sharing, is not just mp3 sharing, or Disney movie sharing…you think your kids are downloading Toy Story, and instead they get perverse material that is quite traumatic for them to see, of course.
People, we need to stop fighting over what our rights are or not, when it comes to saving a few bucks and look at the BIG picture…so, lets just give in to Copyrighted material, buy their stuff as we ought to, and “opt out of” uploading silly mp3s…even if its just for the sake of keeping our kids away from filth! Lets make file sharing not an option at all and ban it, that’s fine with me; I think we have many much much much more serious issues and rights to fight for, such as pressuring our governments not to release re-offenders…if you’re going to spend energy fighting for any rights that you have, then it should be the right for your kids to be safe on the street! and on the net!
Concerned Canadian Mother
April 5th, 2004 at 10:33 pm
Yes they do. On CD’s, Ipods, and just about anything that can store data, except for hard drives which will be taxed on too.
April 5th, 2004 at 10:39 pm
who don’t you read dammit. you can upload music in canada.
read here:
http://www.boston.com/business/technology/articles/2004/04/05/canada_judge_crosses_line_on_file_sharing/
and here:
http://news.com.com/2100-1027_3-5182641.html?tag=nefd_lede
it would be nice to see you update and before you say something stupid like that
April 5th, 2004 at 10:54 pm
Obiviously you know nothing about Canadian copyright law and you have as little interest in fact finding as Mr. Bray. He is wrong, he wrote the one of the articles you quoted. Bright move, if enough people say it it’s gotta be try right?
Do some research, downloading is legal because Canadian pay royalites on music storage media. The Canadian recording industry was not trying to get the names of people who download rather people who upload. Secondly if you knew anything about PIPEDA, you would know that there are a number of issues involved here. You obiviously don’t. Take your own advice, do some reading before you say something stupid.
April 5th, 2004 at 10:57 pm
“digital sunni triangle?” Good Grief
get OVER yourself
April 5th, 2004 at 10:57 pm
You’re not Canadian, however you might be on of those Americans who, when they travel Europe, stitch a Maple Leaf to your clothing so no one thinks you are American.
April 5th, 2004 at 11:08 pm
I think the ruling by Finckenstein is one small step for artists, but one giant leap for consumer rights. I think it’s time we ended the major pop-media conglomerates that have clogged our radios, televisions, and record stores. It is ridiculous practice to FORCE consumers to buy into your products through the law, and even more ridiculous when you start doing things like incurring long prison sentences for sharing music, as is being considered in the United States. This kind of practice turns music-lovers into hardcore criminals, a step that goes much too far.
Furthermore, I am glad that (most) Canadian ISP’s are not giving in to pressure put on them by the music industry to reveal the names of users sharing files on their networks. Once again, this reinforces the fact that the recording industry is not law, and should not be granted the power to police society as it feels fit. The recording industry is motivated by money only, and so its powers should be highly limited.
Also, I am sick of watching politicians play into the hands of the recording industries in order to fill up their purses for the next campaign or win the support of big-name corporations, all at the expense of the consumer. This happened recently when Canadian Heritage Minister Hélène Chalifour vowed, at a conference filled with lobbyists for the recording industry, that she would work hard to crush independent artists, eliminate consumer rights, and promote the big-brand conglomerates we all know and hate. The incident mentioned in this article about Paul Martin is also much of the same type. When major policy decisions that do not reflect the feelings of the general populace are made, such as in the case of music sharing, you can expect a backlash.
Personally, I intend to keep sharing for as long as the recording industry keeps using their guerilla tactics to force consumers to buy into their products. Is it right when the American recording industry decides to prey on students and young people with law suits, affording them no ability to defend themselves because they cannot afford the legal fees required to fight the team of lawyers working for the industry? I think not.
I will always support the little guy, and I will be willing to pay for independent artists in order to show my support, but forcing me to do so just invites rebellion.
April 5th, 2004 at 11:09 pm
I dont how these journalists get these jobs…research before you write. The judge is protecting the right to privacy. Anything on my computer is mine to put. Who ever is acessing my files should know what is right and wrong. I have the right to put stuff on my computer and I have the right to my privacy. Oh, I forgot you from the US, so you wouldnt know that….
April 5th, 2004 at 11:22 pm
What about the study that came out last week that said there was no direct coorelation to musics sucky sales and downloading from the net. If this is true why do they care? If it were me and my livilihood depended on record sales I would want to know before I cut off the hand that might feed me. I have bought many more cds since I started downloading music, what a bunch of bullshit. What I absolutely refuse to buy however is cds with copyguard on them. When musicians put tracks on cds that are all good they will sell tons of cds, thats why greatest hits sell so well,duh. No wonder people don’t want to buy the sub-standard crap they try and pawn off on us.
April 5th, 2004 at 11:25 pm
Canada addressed the problem of consumers copying pre-recorded music back in the days of the cassette tape by slapping a surcharge on blank tapes. The money from this surcharge is used to pay royalities according to a formula based on participating musicians’ sales, in much the same way that library book copying and borrowing is used to compensate writers.
This leaves people free to make party mixes and such without the artists being “deprived” of royalties. Musicians are as safe as houses in Canada because the government has found a way to make the copier pay without limiting their freedom.
I am unconvinced, however, that copying is a serious problem. From what I have seen of the crap that is downloaded, nobody would pay for most of this stuff at any price. A former friend of mine downloaded things like the old comic song “Shaving Cream”. It isn’t as if there is a real demand (desire plus willingness to pay) in a real economic sense for 99% of the crap you can download. How much money does an eleven year old have to spend on $30 CDs? A lot more than I did at that age, but dick-all.
Also, even if people are downloading stuff that they would formerly have purchased, they still have the money they would formerly have spent and still tend to spend it on music–they just have a better idea of what they are buying when they plop down the price of dinner in a moderately priced sit-down restaurant for half an hour or an hour of music.
Myself, I seldom like more than two songs on an album unless it is a classic or a compilation of classics. So if I were downloading, I would be downloading stuff I wouldn’t be buying because there is no way I would pay full price for it. $30 for three minutes of decent music and an hour of turgid rubbish? Ha!
The wonderful thing about the Internet is that a copy of anything costs almost nothing. It is a giant free lending library that delivers to your home.
Nobody complains about public libraries putting bookstores out of business because bookstore owners know from experience that public libraries increase REAL demand for books. Many patrons wouldn’t buy the books they borrow–doesn’t matter how many times they borrow, it doesn’t cost a penny to the booksellers but rather increases sales slightly because libraries buy books for people who can’t buy books for themselves–many do buy the books they borrow after checking them out to see if they are worth paying for, many people buy more books after learning to read thanks to a public library. Some of us, like me, buy more books even though we live only five minutes away from a million or more free books.
Rule of Thumb: Never open a bookstore in a town with no public library.
I wish that the music industry would stop being such jerks and learn to adapt their business models to reality. You don’t sell any music sending kids or their parents to jail. Well, maybe some gangsta rap.
April 5th, 2004 at 11:27 pm
Agreed. The Yanks only seem to care about treaties when its in their economic interest. I suppose its fair to bash a judge for following the law, I mean didn’t many people bash the court when the appointed goofy president?
Personally, I think the Canadian court decision is better. Fewer deaths.
April 5th, 2004 at 11:28 pm
The problem with this case was simple: NO HARD EVIDENCE! As a result the Judge ended up ruling accordingly.
Maybe the title of the article should have been “The incompetence of CRIA just made it easier for Canadians to share music files”. They tried to blindside the Judge, hoping that he was technologically green.
I’d really hate to have had the judge rule for CRIA based on the evidence…. Wait, no, I could have used to against the guy who cut me off on the way to work. “It was him, he was driving a car, it had four wheels, and the driver was an average build just like him”. Judge “Good enough for me, I’ll pass the sentence after lunch”.
April 6th, 2004 at 12:11 am
How did the music industry survive during the last 20 years when we all recorded songs off the radio and passed them around to our hearts content? They did not even seem to notice. Seems that it did not hurt thier bottom line. Maybe the decline in sales has more to do with all the overpriced crap on the market?
April 6th, 2004 at 12:28 am
They cried at first, just like the TV industry with the introduction of the VCR.
It’s now easier because you’re passing data, and bypassing physical medium. You’re paying a flat rate for your internet connection, unlike in the past where people paid for the cassette, etc. With 80GB to 160GB HD in an affordable system, you can download 10,000+ songs on it. Don’t like some anymore, delete, download more. Back then you almost had to re-record a whole tape because the song wasn’t at the end. Or buy another tape… which costed more… It took too much time and effort. Beside, distribution was done through sneaker-net.
Now days, you don’t even need to know the hundreds of people who are downloading from you. I’m surprised that the Music Industry Execs haven’t died from a “Cardiac Event”
when they discovered this.
April 6th, 2004 at 12:44 am
We pay a fee on digital media that goes to artists. So if I’m going to pay a fine for downloaded music regardless of wether or not I’m downloading music, you’re damn right I’m going to download.
The recording industry needs to make a decision. Lobby for an end to this copyright fee and for making downloading / uploading music illegal. I’ll support that. But their current efforts to expand the copyright fee and make uploading / downloading illegal are crap. Its like fining everybody with a car capable of going 150km/h a speeding ticket when they buy the car.
April 6th, 2004 at 1:11 am
First, if the U.S. didn’t exist, there would be less terrorism. America has made many lives hard to live. The American millitary runs around the world practically unchecked, looking out for nothing but American interest.
They also have the arrogant habbit of slapping trade embargos and other political debilitators on foreign countries which causes further poverty and famine in those countries.
This American imposed suffering creates outrage that leads to terrorism.
Second, you can’t stop the free trade of information on the Internet. And, if you did, that wouldn’t stop people from creating and sharing exploitative materials. The solution lies in education and social reform. We must teach all people how to think clearly, handle their emotions properly, and determine right from wrong.
Third, I totally support sharing copyrighted music files on the Internet because it’s forcing people to react to the information age. The war on the free trade of information has already been decided, now it’s up to people to adapt and grow into the new environment.
And to end off, I’d like to add that I’m a father of two girls and I’m also concerned about their safety. But I’ll ensure that by making sure they’re educated and have the tools to handle life and all of its experiences.
Scott Hodgins
April 6th, 2004 at 2:35 am
Now I know that an “american” wouldn’t get caught singing/whistling a tune that he didn’t pay for, would he/she? Even in the shower, or while strolling in a public place.
And what about video recorders and cable TV with disk storage?
If what we’re talking about is sharing something that you didn’t pay for then don’t ever share a famous quote, a good joke, an interesting/amusing story, or heaven forbid words of wisdom or inspiration as found in the holy books of the world’s peoples.
I think the craving for money has gone to far when the hawkers not the artists/creators are in court.
As a Canadian, I already pay a small fee to the artists when ever I buy blank cd’s, Why don’t the US hawkers like or support this?
Because there’s no $ in it for them – it all goes to the artist.
And I don’t need a politician to protect the big five.
What’s a media barron to do when the artist can go direct to market?
April 6th, 2004 at 2:58 am
It would be nice if Mr. Bray actually read the ruling, and the Copyright Act before commenting on Judge Finckenstein’s decision.
The law is quite clear and there is no doubt that Judge Finckenstein is quite correct in his ruling.
Not to mention the fact that the CRIA appeared to be inept and unprepared to deal with basic items of evidence.
Judge Finckenstein’s role is to interpret the law as it stands, not as the CRIA, RRIA, Big Music and Mr. Bray appear to wish to have it interpreted.
I’d be remiss not to also mention that file sharing actually increases sales, just as VCR sales increased interest in movie going. This industry is so stupid its shooting itself in the foot – again, and again, and again ……
April 6th, 2004 at 3:16 am
Audio Cassette tape (40-minute lengths or longer) 29¢ per unit
CD-R Audio, CD-RW-Audio & MiniDisc 77¢ per unit
CD-R, CD-RW (non-audio) 21¢ per unit
Recorders less than 1GB per unit
Recorders more than 1GB but less than 10GB per unit
Recorders more than 10GB per unit
April 6th, 2004 at 3:17 am
The Levy:
Audio Cassette tape (40-minute lengths or longer) 29¢ per unit
CD-R Audio, CD-RW-Audio & MiniDisc 77¢ per unit
CD-R, CD-RW (non-audio) 21¢ per unit
Recorders less than 1GB per unit
Recorders more than 1GB but less than 10GB per unit
Recorders more than 10GB per unit
April 6th, 2004 at 3:19 am
Okay I have stopped laughing now.
Thank the US? They created civilization as we know it you say? Well let us start with the World Wars. In 1939 when Germany was attacking Poland where was the United States? No it was Canada and Britain making the world safe for democracy. Only after 1941 did the United States get involved.
Only America has dealt with terrorists. Give me a break. The shah of Iran, Dictatorships to numerous to mention in South America were all created by the American Government under the guise of the Cia. America was the problem not the solution.
Now the Recording Labels wants us to pay prices for there product that does not reflect supply and demand and do not even benifiet the artist. Oh shame on you.
Once more the pig drinks from the trough.
April 6th, 2004 at 3:23 am
In Canada there is a royalty tax on every blank cd sold or any recordable media. This is part of the reason downloading mp3’s is not illegal here.
April 6th, 2004 at 3:36 am
Pull the balls out of your eyes
April 6th, 2004 at 4:19 am
Let me get this straight, lady.
You want draconian copyright laws and file sharing to be stopped because you’re too damned lazy to monitor your children’s internet usage? The internet is not to be used as a babysitter like so many people use the television. The internet is what it is and it will not change so you can be a lazy parent.
Your post is stupid and short-sighted.
Monitor your kids’ use of the internet. Educate them about not talking to strangers. Trying to sanitize the world for them will only do them a disservice because you will never eliminate every potentially harmful thing in the world.
Give them the tools they need to be safe and stop trying to blame completely irrelevant things.
BigBadWlf.
April 6th, 2004 at 4:20 am
I hope the copyright board extends the eligibility for the levy so writers can get a share of the levy too. I can support your point: the books I buy are also available in the library, but I willingly pay my library taxes.
btw–did anyone else note that the article is actually pro-filesharing? The opening blast is just a headline grabber: the content of the article is how to use bittorrent.
April 6th, 2004 at 4:32 am
File sharing actually HELPS the music industry. Since I have been exposed to file sharing, I have BOUGHT more albums than I did before. The reason is that I am able to listen to one or more tracks from an album and decide from what I hear if I want to hear more.
I have been exposed to artists that I would never have been able to hear by mainstream means. Radio and music channels have become narrower and narrower in the past several years with tight rotation schedules and short playlists which leaves the listener looking for alternate ways to find out about new artists or even old artists that do not recieve the exposure they deserve.
Seeking to prosecute the people who support the music industry, the music lovers, who are every bit as passionate about the art of music as the artists themselves, is shortsighted and narrowminded.
The recording industry is on the wrong track, so to speak, in viewing each individual song downloaded as an album sale lost. Instead they should see it for the powerful free advertising medium it is, one that requires active effort on the part of the consumer.
Did it ever occur to anyone in the music industry that sales are declining because no one wants to buy a crap album for one or two songs they are going to be too embarrassed to admit they liked in a couple years?
The recording industry will have to learn how to adapt and survive because the internet and information age is upon us. Music lovers want and deserve better quality and if the industry is not going to give it to them, they are going to go out and find it themselves.
April 6th, 2004 at 4:36 am
back in 1996
“Martinsville, Ind., Aug. 22 — Media outlets this week have reported the fact that the summer camps across the United States are being required to pay fees to the American Society of Composers, Authors & Publishers (ASCAP) for use of their artists’ songs by campers. The American Camping Association, which accredits more than 2,200 camps across the United States, negotiated a blanket license with ASCAP earlier this year and advised its camps to pay the negotiated fee”
more here http://www.scouter.com/archives/Scouts-L/199608/1214.asp
April 6th, 2004 at 5:00 am
Well put. I couldn’t have said it better.
April 6th, 2004 at 5:39 am
How could you get so far off the topic? Let’s not waste time fighting for our rights???? Ya, filesharing music has something to do with your kids’ safety and re-offenders getting out of jail ever??? Anyway, I say we never move backward with technology, so the music industry should wake up and figure out what the customers want. I’ve downloaded a few songs, NONE of which were even available in any store.
April 6th, 2004 at 6:07 am
No he’s actually right, a judge just ruled that uploading in and of itself of music is legal with the current reading of the law, the government has already come out to say its changing the law. But for now uploading is legal in canada.
April 6th, 2004 at 6:53 am
Hey Concerned Canadian Mother … you managed to kiss the ass of the U.S. and roll over at the same time … nice move. Did you also say “nice try” to them when they just couldn’t find the WMD?
Do I support file sharing, sure do. Do I partake in it, nope, not interested. I also do not buy cd’s … I have no interest in supporting the RIAA and its partners. Do I care if people are getting music for free? Nope. To some extend I think they should.
Why hasn’t anyone mentioned the extra taxes that Canadians pay when buying blank media? This was put in place to help compensate the likes of the record/movie/etc. industries.
“As far as file sharing goes, I am 100 percent behind stopping it, if ONLY it be to help prevent the perverts from “sharing” some very disturbing material!”
I think we should ban roads too. Someone might use a road to drive really fast and hurt other people using the same road. Come on. In order to stop the disturbing material you need to educate “the people” and target the ones distributing it. Don’t start mixing the issues.
“People, we need to stop fighting over what our rights are or not” … I just love this line. Mind if I scratch your belly while you roll onto your back?
“then it should be the right for your kids to be safe on the street! and on the net!” When does it become your responsibility to teach the kids the rights & wrongs on the Internet? Have you ever talked to your kids about things to watch out for when they’re outside or did you just put them outside and rely on other people to make sure they were safe?
Having your kids be safe on the Internet starts with you. If you don’t know the things to watch out for then read some books, take a course, ask your friends.
April 6th, 2004 at 7:29 am
How come there isn’t that much talk about radio stations. When I was a kid I couldn’t afford to buy an album or tape of a favorite artist. I would sit at the kitchen table, and while doing my homework, I would record songs that I liked from the local radio station. The only diffence today is that you can search and download a song that you know the name of. Or maybe even find out what other songs an artist has performed. I went out to buy a Diana Kraul cd the other day and found that she is one of the most expensive artist to listen to. She is CANADIAN. We are already told by the CRTC what we can watch on TV. I can get free American channels but I have to pay for CANADIAN channels from my local cable provider. We are constantly told by our governments and the media as to what they think we should know. It always comes down to the almighty buck. Tell me how the mainstream artist today is suffering from P2P. They don’t look poor to me. They just look greedy.
April 6th, 2004 at 9:28 am
First of all, I think this journalist is a joke, but all the reasons have been stated already, so on to the real point. Also, I hoe we can put the America bashing aside too for a minute. Yeah I’m Canadian, and while I do have som issues with US politics, I would never assume that your average American is an ass, just the rich mofo’s up top (same as they’re asses in Canada btw).
I don’t know about the rest of you, but I had never shared a single song over the internet until some of th major labels started sueing people in the states. Since then though I haven’t bought a single CD from any of those labels, instead simply downloading what I want from their collections.
A proper protest against these labels I suppose would be to just stop listening to anything they produce, but I’m just a typical immature consumer who can’t help himself.
So wake the *$#% up guys! Declaring war on your consumers is just going to piss us off. Not in a million years will you be able to stop file sharing through legal means, or technological means. In fact, the longer you take to adapt, the heavier your losses will be. Personally, I love that alternate and cheap and simple distribution methods are now available to artists. Our perhaps “immoral” use of this technology is simply increasing the popularity (and therefore focus) of some really great tech which is pushing media distribution methods in what IMHO is a good direction.
As an example of techincal attempts to limit file sharing, LWDRM isn’t going to do the trick either guys. Not only has it been proven crackable (and well documented), but there’s no way you’ll be able to hold one consumer resposible for his/her file getting shared thousands upon thousands of times.
April 6th, 2004 at 1:54 pm
No, there was no “Ruling” on the legality of file sharing here. Somehow people seems to keep missing the point. The case dealt more with privacy and the requirement of evidence than file sharing. In Canada courts require proof to order the disclosure of private information. This requirement was not met in this case. Canadians value their privacy and are not as willing to give up their freedoms as Americans seem to be. The tactics used in American courts and by various American government authorities don’t fly up here.
April 6th, 2004 at 2:35 pm
Mr. Bray,
Say it again please.. Blame Canada! Blame Canada.. Your interpretation on this situation is not efficient it prooves onces again that US is a society that like’s to create news and scandales. Be happy this morning Mr. Bray you made many people waste their time.
I would not comment any further since other ppl did already.
April 6th, 2004 at 3:12 pm
I think you missed the point. It should be the responsibility of the CRIA to actually prove that these people are illeagally distibuting song before it waltzes into court and demands free reign to violate our privacy (innocent until proven guilty). The CRIA should have won this case hands down — videotron was even backing the CRIA,s request. Videotron,is a high-speed cable provider that — unlike its four peers —was openly in favour of the lawsuits and more than willing to hand over the identity of any suspected subscriber. It seems that MR. Bray feels its acceptable for CRIA to pull names from hat with no proof walk into court and set a precident that would affect all Canadians. It’s typical of big business to try and hit a home run when all it need was a sac-fly to win the game.
April 6th, 2004 at 4:41 pm
Let’s not forget the US’s stealing Canadian water.
Did you even know that?
April 6th, 2004 at 5:02 pm
It is people with ignorant uniformed views on just about everything that are the problem. You should study some history before concluding that we “owe” so much to the americans, or that they protect us from dictators by murdering innocent people (and a few guilty ones). The US created the problem by their greed driven foreign policy, and then make it worse by foolish decisions about the use of force. They then justify these decisions with weak and irrational arguments that play on people’s fears, and people like yourself fall for these arguments and supply them with the votes they need to proceed.
“buy their stuff as we ought too” baa haa haa haa, that’s the dumbest thing i’ve ever read. We are the consumers that created and drive their industry, we shouldn’t oughta
do nothin, much less agree to be ripped off by a rampantly greedy music industry.
If you want to protect your children, don’t let them download stuff.
April 6th, 2004 at 5:27 pm
Don’t you have to PROVE damages in Canada to be able to sue anyone?
Where is the proof that file sharing hurts album sales? According to the recent Harvard Business study, file sharing may HELP increase sales of albums. I think CRIA needs to go back to the books to reposition their arguement.
This is not US where you can slap a lawsuit on anyone who looks at you funny. =P
April 6th, 2004 at 6:30 pm
Finckenstein only interpreted the law as it is, not what he thinks it should be, just as judge is supposed to do.
This Bray guy seems to be a real nut, as most of you are on this board.
I’ll stop now and let the shoouting of insults and oddities to continue
April 6th, 2004 at 6:38 pm
Don’t lose your time with the scared Yanks… DOWLOAD!!!! Check this BT site: http://www.suprnova.org B.C. Canada
April 6th, 2004 at 7:07 pm
we can do anything we like…. we’re Canadian…
Don’t want to buy our softwood lumber?.. we’ll crop out Marijuana instead..
Don’t want to live in the closet and being discovered as a homosexual? …
We’ll change the laws so gay marriages are legal.
Don’t want to have to pay for the UMPTEENTH time for Yellow Rose of TEXAS ?? Down load here for free…
Come on by and spent your $1.38 dollar on our exports that USA doesn’t want or need…
Oh yeah except for the POT ..
April 6th, 2004 at 7:19 pm
Let me get one thing straight, there are many people out there who are downloading music because it is free, and then there are those, like myself, who do it because I am a poor student who ill afford to eat half the time, let alone spend extra money on music. If I could afford to buy CDs I would. Hell, everyone likes to have CDs, they are typically more convenient than having them all stored on you computer… sure you can burn them, but th quality just is not the same.
Tell me, how is downloading and storing music any different than lending a friend the purchased CD to copy? The only difference other than the mode of transport, is that we don’t know the person who is downloading the music. The music industry whines and complains about how they are hurting, I doubt there are THAT many people not buying CDs that there is no money for their pockets.
As for downloading movies, I see absolutely NOTHING wrong with this, American property or not. The movie industry also claims they are hurting as a result of people downloading movies. Hell they would not be hurting so bloody much if the actors were not raking in so damn much. There is NO need for someone to be making over 1 million dollars per epsiode or 20 million dollars per movie. What is that ONE person going to do with all that money? If they pay greedy actors less, and themselves a little less, and charge less to get into a movie theatre, perhaps they would not be hurting so much. What pity I have for the people who make more than 90% of Canadians… keeping in mind there are not even that many of them. And if these actors like their jobs so much, they will not mind doing it for less money.
In addition, CDs are not cheap. If you want to buy a CD you have to be rich. 15 to 25 dollars for a CD depending on the artist and the label… frig, I can’t afford that.
When you look at the likes of Kazaa and other programs, there are an awful lot of people sharing their files, I HIGHLY doubt that none of them are Americans, I wouldn’t be surprised if most of them ARE in fact just that.
Our laws are our laws. Deal with it. At least our Prime Minister didn’t decide to take over a country that didn’t agree with his ways. Bush is an idiot.
April 6th, 2004 at 9:24 pm
I have read the actual decision, which can be found on the Federal Court website here: http://www.fct-cf.gc.ca/bulletins/whatsnew/whatsnew_e.shtml
As a lawyer and musician with published recordings, I can tell you that Canada’s copyright law specifically permits making a recording of copyrighted audio works for personal use without copyright infringement. There is a mandatory royalty in Canada on every piece of recording media sold, designed explicitly to collect royalties for performers whose works might be recorded for personal collections, and distributed in the same percentages as radio royalties. The judge’s decision was quite rational and based on the law. The music industry did not present evidence of harm that would justify infringing privacy legislation, nor did they present evidence that the identites they wanted had even performed the activity they claimed. Given that the recent studies show that downloading does not harm music sales, it will be a difficult fight for the music industry in Canada. I am personally surprised that Americans are so quick to abandon personal privacy in favour of corporate rights, which are necssarily amoral and concerned only with the pursuit of money.
April 6th, 2004 at 10:35 pm
“I’m a musician and here is my product, now please sell it to the masses in a form that is very easy to duplicate.”
Yeah, I’d be pissed too… but at the real pirates; the Recording Industry. Is there anyone really looking out for the artists here? (Smoke and mirrors)
Oh, and to the author of this article… you can turn off your Kazaa now.
-Canadian Scapegoat-
April 6th, 2004 at 10:53 pm
Kazaa? Never touch it. It’s bad for the system.
April 7th, 2004 at 12:34 am
Hiawatha Bray needs a bullshit filter….this guy just doesn’t get it.
December 26th, 2006 at 8:06 pm
It’s pretty unlikely that the net will be safe one day. If you expect that you better tear off that blue cable from your modem right away. Stopping file sharing will never get the internet safer. Not having child porn on the net doesn’t mean that these people won’t be in chat rooms trying to hook up with kids. The problem is not the file they share but the guy behind the screen. Being safe online doesn’t mean being safe in the real world. Besides, Big 4 should focus on how to get their customers back. It’s too bad that in USA nowadays suing is the national sport instead of football…. I totally support file sharing. These companies are attacking their own customers because they cannot find another way to solve their problems I guess they’re too lazy to really get into it and just wanna sit on their ass….