[d@DCC] CRIA loses!
jyoung at lexinformatica.org
Thu Apr 1 18:21:47 EST 2004
That's probably putting it too strongly, because it predicts a result:
legislation. If Parliament wants to legislate - and they are being lobbied
hard by the plaintiffs in this case to do so - then it is their perogative
to do so, no more no less.
The court has said that there is no "making available" right in Canada, and
that other exclusive rights had not been infringed because they require
positive action on behalf of the user to intend infringement. In the case of
"authorizing infringement" it is not enough that they were merely providing
the equipment. The Court specifically cited Compo, which stands for the
proposition that the rights in the Act are comprehensive and that new
rights, not enumerated in the Act, cannot be found in common law. This
principle actually goes right back to the Statute of Ann and the succeeding
cases which established that copyright is statute law, not common law.
If Parliament deems the present situation unacceptable, then they are going
to have legislate, but the court isn't telling them to do so.
The reason von Finckenstein J. addressed the copyright and privacy concerns
was because those things were important to determine the nature of the test
for disclosure. I've read comments from the music industry saying that this
is "obiter" or incidental to the matter decided. Personally, I disagree. I
think it goes directly to the test.
----- Original Message -----
From: "Chris Brand" <Chris_Brand at spectrumsignal.com>
To: "General Discussion" <discuss at digital-copyright.ca>
Sent: Thursday, April 01, 2004 5:55 PM
Subject: Re: [d at DCC] CRIA loses!
> So could this ruling be the judge's way of telling
> Parliament that they need to actually legislate
> regarding p2p ?
> Did he have to explore whether putting a file in a
> shared folder was illegal ?
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