sandy at krvarr.bc.ca
Sun Feb 6 06:30:42 PST 2005
>>>>> On Sun, 6 Feb 2005 15:00:56 +0100,
>>>>> Anthony Atkielski <atkielski.anthony at wanadoo.fr> said:
SR> Now #2, authorization:
SR> Finckenstein states:
SR>  No evidence was presented that the alleged infringers either
SR> distributed or authorized the reproduction of sound recordings. They
SR> merely placed personal copies into their shared directories which were
SR> accessible by other computer user via a P2P service.
> Why would they put these copies into a shared directory other than to
> redistribute them to other people?
Well, yes I agree that this is an implicit act of distribution.
However, that is not enough. An explicit act is required.
SR> I cannot see a real difference between
SR> a library that places a photocopy machine in a room full of
SR> copyrighted material and a computer user that places a personal
SR> copy on a shared directory linked to a P2P service. In either
SR> case the preconditions to copying and infringement are set up but
SR> the element of authorization is missing.
> This analog is flawed.
> In a library, all the books on the shelves are authorized reproductions
> of copyrighted works. In a P2P configuration, typically, the files in
> the shared directory are unauthorized copies of copyrighted works.
That's the point! They typically are not unauthorized copies, at
least according to Canadian law. I fully expect that the situation
would be different in the USA or France. First, by selling me a copy
of a CD, they are in fact authorizing me to make arbitrarily many
copies for personal use and that includes ripping to my hard drive.
Furthermore, since Finckenstein has concluded in point #1 that
downloading is legal, then anything that I download is in fact also
authorized. An authorized copy is simply a legal copy. I do not
require any special permission from the copyright holder, unless
required by law. Virtually all files on the Canadian P2P music
sharing networks are legal authorized copies.
I agree that this is a crazy state of affairs, which is why Parliament
really has no choice but to rewrite the legislation. However, whether
they will go so far as to signing WTTP, I don't know. Canadian
copyright and patent laws have traditionally tended to be more liberal
than the norm.
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