Volume II

Issue : 4: February 19, 2004

• FCC Decides Against Regulation of VoIP But Decides to Regulate Provision of Internet Access by Public Utilities
• Canadian Recording Industry Taking Action against Individual "Uploaders"
• U.S. Court of Appeals Reverses Application of Safe Harbour Liability Limitation for Copyright Infringement by AOL
• CIRA Transfers "mtv.ca" to MTV Television in Latest .Ca Domain Name Dispute Decision
• U.S. Federal Appeals Court Upholds Wine Ban
• U.S. - Australia Free Trade Agreement Strengthens Australian Copyright Laws
• Court Upholds Jury Award of $20 Million for Copyright Infringement in Newsletter Case
• Alberta Court Finds Online Defamation Warrants Increased Damage Award
• eBay Not Liable for Negative Feedback Posted by its Users

Home > Volume II > Issue 4: February 19, 2004 > Canadian Recording Industry Taking Action against Individual "Uploaders"

Canadian Recording Industry Taking Action against Individual "Uploaders"

The Canadian Recording Industry Association ("CRIA") is trying to follow the lead of its U.S. counterpart, the Recording Industry Association of America ("RIAA") and take action against individuals who have uploaded music files over the Internet. Its first legal hurdle will be to obtain customer information from ISPs. The CRIA has asked the Federal Court to order disclosure from Telus Corp., Rogers Cable Inc. and Shaw Communications Inc., among others. The ISPs are split in their reactions to the lawsuit. Shaw is actively opposing the request as a result of its obligations under the federal privacy law, the practicality of obtaining accurate information, and the risk of wrongly identifying consumers. Videotron says that it would be happy to obey with any court order - its parent company, Quebecor Inc., has a financial stake in the issue and is publicly opposed to "stealing music on-line". The motion to obtain the identity of 29 individual "uploaders" was adjourned on Monday, February 16 until March 12, 2004 to provide additional time for response from the ISPs.

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