CANADIAN COURT RULES AGAINST SUING SERIAL FILESHARERS

As the UK prepares to clamp down on downloaders, it's a different situation elsewhere...

Courts in CANADA have ruled against a motion that would have allowed the music industry to start suing serial filesharers.

As reported previously on NME.COM, individuals in Canada were facing copyright infringement claims in the first wave of international legal action by record companies.

But yesterday (March 31) the Federal Court said that the Canadian Recording Industry Association could not prove that any of these 29 alleged music ‘uploaders’ were breaking the law.

Justice Konrad von Finckenstein said that downloading a song or making files available in shared directories like Kazaa does not constitute an infringement of copyright laws under the current Canadian law, reports Canada.com.

In February the CRIA took five Internet service providers to court, trying to force them to hand over the names and addresses of 29 people who allegedly shared hundreds of songs on peer2peer networks last November and December.

The judge denied the record industry’s request, setting the precedent for high-speed Internet providers not having to divulge their client list.

Without these names the CRIA is unable to begin filing lawsuits.