RIAA attack the org?

BogoSort · Post by **BogoSort** » Mon Oct 13, 2003 1:56 pm

Or we could just start making music videos by <a href=http://www.bigego.com/egog/article.php? ... 0884>bands who won't sue you</a>

Alucard_FoN · Post by **Alucard_FoN** » Mon Oct 13, 2003 2:00 pm

THe internet as a whole will never become less free, because if people have to they can always run the servers that are pirating stuff out of third world countries where not even the UN has any authority, much less RIAA. It will always be possible to get stuff without paying for it.

NME · Post by **NME** » Mon Oct 13, 2003 2:11 pm

Or you could move to Canada, where this shit doesn't exist.

jonmartensen · Post by **jonmartensen** » Mon Oct 13, 2003 2:15 pm

NME wrote:Or you could move to Canada, where this shit doesn't exist.

How is that different from

Alucard_FoN wrote:if people have to they can always run the servers that are pirating stuff out of third world countries

:p

NME · Post by **NME** » Mon Oct 13, 2003 2:18 pm

It's one of the only countries that has an actual law that says it's ok. Everyone who lives in canada can download music freely. It's legal.

Propyro · Post by **Propyro** » Mon Oct 13, 2003 2:59 pm

NME wrote:It's one of the only countries that has an actual law that says it's ok. Everyone who lives in canada can download music freely. It's legal.

cool ... i did not know that ... heh ... so the IRAA can't do a fucking thing as long as i'm not making money off the music i download ... cool ... but the IRAA is still run by hole bags with their heads up eachothers asses.

[/|\]

Tom the Fish · Post by **Tom the Fish** » Mon Oct 13, 2003 3:02 pm

BogoSort wrote:Or we could just start making music videos by <a href=http://www.bigego.com/egog/article.php? ... 0884>bands who won't sue you</a>

Or you could use <a href="http://www.negativland.com">bands that already have been attacked by the RIAA</a>...

(oh, and the stuff under "Intellectual Property Issues" makes an interesting read if you care for such things...)

Tom

DanManXYZ · Post by **DanManXYZ** » Mon Oct 13, 2003 4:10 pm

Well after hearing that about Canada I almost want to move there, eventhough it's freezing and has wild bears rampaging the streets....
(Ok I made up the wild bear part, but it is cold up there

)

By the way, upon further investigation (google), I found a petition against RIAA.... http://www.petitiononline.com/themsc/petition.html

koronoru · Post by **koronoru** » Mon Oct 13, 2003 4:20 pm

Propyro wrote:
NME wrote:It's one of the only countries that has an actual law that says it's ok. Everyone who lives in canada can download music freely. It's legal.

cool ... i did not know that ... heh ... so the IRAA can't do a fucking thing as long as i'm not making money off the music i download ... cool [/|\]

You didn't know it because it's a misleading statement. It may be literally legal to "download music freely" in Canada, but that's not certain and it isn't the whole story. Section 27 of the copyright act (along with the rest of the Act, which it references) bars distribution of copyrighted work (such as audio and video) without the permission of the copyright holder. People like talking about "fair use", but fair use doesn't exist in Canada; what we have is fair dealing (Section 29), but that's limited to "research or private study". Making AMVs is not research and not private study; it's not covered.

NME may be thinking of the "private copying" regime described in Part VIII. That legalizes copying of music (only; not video) onto "recording media" for the personal use of the person making the copy (only). It has been argued that that makes downloading music (only; not video) legal. It does em not make posting music on the Net legal - because 80.(2)(c) quite clearly defines "communication to the public by telecommunication" as not being "personal use". So the general activity of file-swapping is still illegal; it's just that they have to go after the person who posts it, not the person who downloads it. Or, so we think. This is only a legal conjecture, not decided case law. The way Canadian law works, we won't really know whether it immunizes file downloaders until one of them gets sued and wins; and the way lawsuits work, it would really suck to have to be that person even if you eventually did win. The question of whether you're "making money" isn't the issue - it's whether you download for "personal use". And, again, let me emphasize that the "private copying" regime only applies to music. Not video!

I wish people who say "there is such-and-such law" would name the actual law they're talking about. Otherwise we're just discussing myths and legends.

As for the DMCA: we don't have that here yet. We might soon. Some people are working pretty hard to prevent it in various ways. If you feel it's important, you should write to your Member of Parliament saying why you don't think we should have a DMCA-like law in Canada. But, please, take some time to study the issue first.

Jimmyen · Post by **Jimmyen** » Mon Oct 13, 2003 4:36 pm

NME wrote:It's one of the only countries that has an actual law that says it's ok. Everyone who lives in canada can download music freely. It's legal.

With this, I can only assume you're basing your opinions on articles such as this one, which are not exactly the best researched.

This is a much more convincing interpretation of the Canadian copyright law in question.

The key points are as follows:
Downloading music is legal.
Uploading music is illegal.

You can see how that might put a bit of a snag in the whole filesharing thing.

It's worth noting that the greplaw article was an anonymous reader submission, and is not to be interpretted as "this is the stance as will be seen in court."
Canada currently doesn't have a court precedent where that provision came into question, at least not that I'm aware of, so there's no judgement on which to base any of the legal bibble babble that flies back and forth on the issue.

Until a judge makes a call, which I don't imagine will happen any time soon, it's all up to interpretation, basically. I'm just more inclined to side with the Greplaw article on this one. If for no other reason than that there's no point in going out there and thinking you're invincible when there's every possibility that you are not.