Sandy Rutherford 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> [26] 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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