File Sharing, Eh


Some reactions on and commentaries about the Canadian decision finding that placing files in a shared folder is not copyright infringement in BMG v. Doe:
LA Times: File Sharing Ruled Legal in Canada

Judge Konrad von Finckenstein’s legal blessing was an unexpected setback to the music industry’s expanding international effort to stop free and unauthorized downloads. But experts said the judge’s ruling hinged on elements of Canadian law not found in many other countries, including the United States.

Vancouver Sun: Sharing music over Internet not illegal, Federal Court rules
Matthew Skala: BMG v. Doe: File sharing legal??

The media reports are saying that file sharing is now 100% A-okay in Canada; the decision is much less broad than that. The case at this point is only about revealing identities of ISP subscribers, not really the larger question of file sharing; a lot of the basis for the decision against BMG et al. came from procedural issues rather than the file sharing question that interests everybody; and it’s subject to appeal and I fear will not stand anyway. Don’t rejoice too much yet!

Wendy Seltzer: Time to Move to Canada
Ernest Miller: An Unenthusiastic Response to the Canadian Filesharing Decision

The second point [Placing personal copies into a shared directory is not “distributing” or “authorizing the reproduction” of sound recordings] is actually rather dangerous if interpreted broadly, that is, if you believe in the continued value of copyright law on the internet.

Andrew Raff @andrewraff