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Court quashes music industry bid for IDs

Canadian Press

Toronto — Canada's Federal Court has ruled against a motion which would have allowed the music industry to begin suing individuals who make music available on-line.

Justice Konrad von Finckenstein ruled Wednesday that the Canadian Recording Industry Association did not prove there was copyright infringement by 29 so-called music uploaders.

He said that downloading a song or making files available in shared directories, like those on Kazaa, does not constitute copyright infringement under the current Canadian law.

Last month, the industry association took five Internet service providers to Federal Court, trying to force the companies to hand over the names and addresses of 29 people who allegedly shared hundreds of songs with others using programs like Kazaa last November and December.

The judge denied the recording industry's request, which means high-speed Internet providers won't have to divulge their client lists.

Without the names, CRIA can't begin filing lawsuits against 29 John and Jane Does who it alleges are high-volume music traders. They're currently identifiable only through a numeric Internet protocol address and user handles such as Jordana(at)KaZaA.

© The Globe and Mail

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