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	<title>Comments on: Big Music lobbies Cdn parliament</title>
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	<link>http://www.p2pnet.net/story/3111</link>
	<description>p2pnet.net - reader powered</description>
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		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/3111/comment-page-1#comment-7296</link>
		<dc:creator>Reader's Write</dc:creator>
		<pubDate>Sat, 27 Nov 2004 02:03:11 +0000</pubDate>
		<guid isPermaLink="false">#comment-7296</guid>
		<description>Some people never learn. *sigh* 

http://p2pnet.net/story/3121  hehehe</description>
		<content:encoded><![CDATA[<p>Some people never learn. *sigh* </p>
<p><a href="http://p2pnet.net/story/3121" rel="nofollow">http://p2pnet.net/story/3121</a>  hehehe</p>
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	<item>
		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/3111/comment-page-1#comment-7295</link>
		<dc:creator>Reader's Write</dc:creator>
		<pubDate>Sat, 27 Nov 2004 01:44:19 +0000</pubDate>
		<guid isPermaLink="false">#comment-7295</guid>
		<description>let&#039;s hope not</description>
		<content:encoded><![CDATA[<p>let&#8217;s hope not</p>
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	<item>
		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/3111/comment-page-1#comment-7287</link>
		<dc:creator>Reader's Write</dc:creator>
		<pubDate>Fri, 26 Nov 2004 14:07:57 +0000</pubDate>
		<guid isPermaLink="false">#comment-7287</guid>
		<description>my fav was how they tried arguing points of law that don&#039;t exist in the copyright act like &#039;make available&#039; rights. </description>
		<content:encoded><![CDATA[<p>my fav was how they tried arguing points of law that don&#8217;t exist in the copyright act like &#8216;make available&#8217; rights.</p>
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		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/3111/comment-page-1#comment-7282</link>
		<dc:creator>Reader's Write</dc:creator>
		<pubDate>Fri, 26 Nov 2004 08:35:33 +0000</pubDate>
		<guid isPermaLink="false">#comment-7282</guid>
		<description>That is misleading.

Uploading does not necessarily amount to distribution according to what I read from the proceedings of Justice von Finckenstein on page 14:

&quot;[28] 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 a shared directory, such as sending out the copies or advertising that they are available for copying.[...]&quot;

http://p2pnet.net/story/1118</description>
		<content:encoded><![CDATA[<p>That is misleading.</p>
<p>Uploading does not necessarily amount to distribution according to what I read from the proceedings of Justice von Finckenstein on page 14:</p>
<p>&#8220;[28] 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 a shared directory, such as sending out the copies or advertising that they are available for copying.[...]&#8221;</p>
<p><a href="http://p2pnet.net/story/1118" rel="nofollow">http://p2pnet.net/story/1118</a></p>
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	<item>
		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/3111/comment-page-1#comment-7273</link>
		<dc:creator>Reader's Write</dc:creator>
		<pubDate>Fri, 26 Nov 2004 05:00:07 +0000</pubDate>
		<guid isPermaLink="false">#comment-7273</guid>
		<description>fat chance, you guys are comming right along with us :)
</description>
		<content:encoded><![CDATA[<p>fat chance, you guys are comming right along with us <img src='http://www.p2pnet.net/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
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		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/3111/comment-page-1#comment-7272</link>
		<dc:creator>Reader's Write</dc:creator>
		<pubDate>Fri, 26 Nov 2004 04:38:18 +0000</pubDate>
		<guid isPermaLink="false">#comment-7272</guid>
		<description>Every time I include *Canadian Recording Industry Association of America* in a story, someone corrects me. 

I wonder who it could be?

Cheers!</description>
		<content:encoded><![CDATA[<p>Every time I include *Canadian Recording Industry Association of America* in a story, someone corrects me. </p>
<p>I wonder who it could be?</p>
<p>Cheers!</p>
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		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/3111/comment-page-1#comment-7271</link>
		<dc:creator>Reader's Write</dc:creator>
		<pubDate>Fri, 26 Nov 2004 04:01:54 +0000</pubDate>
		<guid isPermaLink="false">#comment-7271</guid>
		<description>I sure hope that Canadian politicians are not as easy to bribe as American ones are, or we&#039;re all horribly doomed. Personally I think the taxation is already a step in the right direction, and I have no problem paying a hidden fee somewhere along the line on any number of products (example: media, hardware, ISP fees, etc) for the peace of mind it would provide; knowing that it&#039;s perfectly alright to do what I want with the music I buy, and the P2P networks I use. Besides, do we really need our court system clogged up with even more petty useless cases than there already are? What I really hope is that some Canadian filmmaker will create a thorough documentary about P2P. We Canadians like our documentries after all, and it would be a good way to educate the public, perhaps even get them to stand up and fight for their rights in this matter. Oh well, going to keep my fingers crossed I guess, and hope our politicians will see the wisdom in putting the well being of it&#039;s regular citizens before that of a greedy unfeeling commercial machine.</description>
		<content:encoded><![CDATA[<p>I sure hope that Canadian politicians are not as easy to bribe as American ones are, or we&#8217;re all horribly doomed. Personally I think the taxation is already a step in the right direction, and I have no problem paying a hidden fee somewhere along the line on any number of products (example: media, hardware, ISP fees, etc) for the peace of mind it would provide; knowing that it&#8217;s perfectly alright to do what I want with the music I buy, and the P2P networks I use. Besides, do we really need our court system clogged up with even more petty useless cases than there already are? What I really hope is that some Canadian filmmaker will create a thorough documentary about P2P. We Canadians like our documentries after all, and it would be a good way to educate the public, perhaps even get them to stand up and fight for their rights in this matter. Oh well, going to keep my fingers crossed I guess, and hope our politicians will see the wisdom in putting the well being of it&#8217;s regular citizens before that of a greedy unfeeling commercial machine.</p>
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		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/3111/comment-page-1#comment-7270</link>
		<dc:creator>Reader's Write</dc:creator>
		<pubDate>Fri, 26 Nov 2004 03:35:41 +0000</pubDate>
		<guid isPermaLink="false">#comment-7270</guid>
		<description>Digital Copyright Canada is trying to follow the various media reports on this.  Please let us know if you find many.

http://www.digital-copyright.ca/node/view/581

BTW: &quot;Uploading&quot; (distribution)of music without the authorization of the copyright holder isn&#039;t legal in Canada, and CRIA&#039;s lost case is because of lack of evidence.   Obviiously P2P is itself legal as this includes authorized distribution of authorized works, not just unauthorized distribution.  Downloading (receiving) of music is legal because the industry asked to make it legal as they lobbied for the Private Copying regime

</description>
		<content:encoded><![CDATA[<p>Digital Copyright Canada is trying to follow the various media reports on this.  Please let us know if you find many.</p>
<p><a href="http://www.digital-copyright.ca/node/view/581" rel="nofollow">http://www.digital-copyright.ca/node/view/581</a></p>
<p>BTW: &#8220;Uploading&#8221; (distribution)of music without the authorization of the copyright holder isn&#8217;t legal in Canada, and CRIA&#8217;s lost case is because of lack of evidence.   Obviiously P2P is itself legal as this includes authorized distribution of authorized works, not just unauthorized distribution.  Downloading (receiving) of music is legal because the industry asked to make it legal as they lobbied for the Private Copying regime</p>
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	<item>
		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/3111/comment-page-1#comment-7264</link>
		<dc:creator>Reader's Write</dc:creator>
		<pubDate>Fri, 26 Nov 2004 01:41:10 +0000</pubDate>
		<guid isPermaLink="false">#comment-7264</guid>
		<description>&quot;Henderson is leading an attack on Canadaâs copyright laws which, as they stand, donât offer Big Music any opportunities to sue Canadians.&quot;

Actually, Canada&#039;s copyright laws have many opportunities to sue Canadians. That&#039;s what the BMG v. Doe case was about. They didn&#039;t lose it because the law wasn&#039;t on their side; who knows. It was just a trial court decision, the appeals courts might have a different take on the law.

What CRIA wants you to forget, is that they didn&#039;t lose the case on the law, they lost it because they somehow forgot to actually bring before the court any evidence of the things they were claiming. They lost on the facts, not on the law. If they had competent executives and competent lawyers, they might have won. They didn&#039;t, they lost, and they&#039;re appealing.

(Doesn&#039;t anyone else find it unseemly that CRIA wants Parliament to overturn a lower-court decision even before the appeal is heard?)

von Finckenstein says &quot;no evidence&quot; at least four or five times in his reasons for judgment.

A.C.</description>
		<content:encoded><![CDATA[<p>&#8220;Henderson is leading an attack on Canadaâs copyright laws which, as they stand, donât offer Big Music any opportunities to sue Canadians.&#8221;</p>
<p>Actually, Canada&#8217;s copyright laws have many opportunities to sue Canadians. That&#8217;s what the BMG v. Doe case was about. They didn&#8217;t lose it because the law wasn&#8217;t on their side; who knows. It was just a trial court decision, the appeals courts might have a different take on the law.</p>
<p>What CRIA wants you to forget, is that they didn&#8217;t lose the case on the law, they lost it because they somehow forgot to actually bring before the court any evidence of the things they were claiming. They lost on the facts, not on the law. If they had competent executives and competent lawyers, they might have won. They didn&#8217;t, they lost, and they&#8217;re appealing.</p>
<p>(Doesn&#8217;t anyone else find it unseemly that CRIA wants Parliament to overturn a lower-court decision even before the appeal is heard?)</p>
<p>von Finckenstein says &#8220;no evidence&#8221; at least four or five times in his reasons for judgment.</p>
<p>A.C.</p>
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	<item>
		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/3111/comment-page-1#comment-7263</link>
		<dc:creator>Reader's Write</dc:creator>
		<pubDate>Fri, 26 Nov 2004 01:36:17 +0000</pubDate>
		<guid isPermaLink="false">#comment-7263</guid>
		<description>I think you are missing the funny in this.

Even CRIA muckymucks have accidentally said &quot;Canadian Recording Industry Association of America&quot;, including before Parliamentary committee. They are a branch-plant of RIAA, they just don&#039;t like anyone to know it.</description>
		<content:encoded><![CDATA[<p>I think you are missing the funny in this.</p>
<p>Even CRIA muckymucks have accidentally said &#8220;Canadian Recording Industry Association of America&#8221;, including before Parliamentary committee. They are a branch-plant of RIAA, they just don&#8217;t like anyone to know it.</p>
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	<item>
		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/3111/comment-page-1#comment-7257</link>
		<dc:creator>Reader's Write</dc:creator>
		<pubDate>Thu, 25 Nov 2004 21:04:57 +0000</pubDate>
		<guid isPermaLink="false">#comment-7257</guid>
		<description>No chance for cartel to win in Canada.</description>
		<content:encoded><![CDATA[<p>No chance for cartel to win in Canada.</p>
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	<item>
		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/3111/comment-page-1#comment-7256</link>
		<dc:creator>Reader's Write</dc:creator>
		<pubDate>Thu, 25 Nov 2004 20:33:29 +0000</pubDate>
		<guid isPermaLink="false">#comment-7256</guid>
		<description>CRIA means Canadian Recording Industry Association NOT Canadian Recording Industry Association of America.

Get your facts right.</description>
		<content:encoded><![CDATA[<p>CRIA means Canadian Recording Industry Association NOT Canadian Recording Industry Association of America.</p>
<p>Get your facts right.</p>
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