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Internet providers argue against identifying music uploaders
ANGELA PACIENZA
Canadian Press
Friday, March 12, 2004
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TORONTO (CP) - Internet service providers shouldn't be used as the music industry's private investigators to smoke out the names and address of 29 so-called uploaders, lawyers argued Friday in Federal Court.
The case is to determine whether the record industry should be granted a court order forcing high-speed Internet providers to release the names of people who allegedly shared hundreds of songs with others using programs like KaZaA last November and December. Without the names, the Canadian Recording Industry Association can't begin filing lawsuits.
"This is a complicated and imperfect process at best," said Joel Watson, a lawyer representing Telus Corp. "It will never identify who was using the PC at the time."
Last month the association moved to begin civil litigation against individuals who store songs on their hard drives to share with others through file-sharing software. It filed motions 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 like Jordana(at)KaZaA who, according to court documents, allegedly uploaded songs by Jay Z, Mariah Carey and Jennifer Lopez.
Telus and Shaw Communications said linking actual names with the handles and IP addresses isn't easy. It requires the companies to analyse data and use deductive reasoning to make accusations against their customers. They maintain the information is not 100 per cent reliable.
The recording industry association, which is representing record labels like BMG, Sony and Universal, maintains that Internet service providers should be forced to reveal the alleged offenders so that it can begin recouping the millions lost in the past five years since technology was created to swap music freely.
"The plaintiffs are facing substantial infringement of copyright works. This lawsuit is meant to stop all or some of that," association lawyer Ronald Dimock told the court. "The ISPs hold the key to identifying these defendants."
Videotron is the only company not opposing the association's application for a court order, saying it will comply because owner Quebecor is also concerned about piracy in other parts of its business, which includes newspapers, television, Internet services and CDs.
Dimock argued the five Internet providers - the others involved in the case are Bell Sympatico and Rogers Communications - can't hide behind privacy legislation because those laws don't cover protecting illegal activity. He pointed out that ISPs are often ordered by the courts to reveal the identities of clients for police and banks.
The case, which will continue Monday, is challenging several legal issues including copyright and privacy laws and individuals' right to anonymity. The decision could pose ramifications far beyond the 29 individuals currently being sought.
There was also a lengthy debate Friday about what the recording industry association intends to do with the information should the order be granted.
Shaw said the association would begin "fishing expeditions."
"They'll follow the practice of their American cousins . . . (lawsuits will be) nothing more than threats," said Charles Scott, a lawyer representing Shaw.
Also in court were lawyers representing two public advocacy groups, Electronic Frontier Canada and the Canadian Internet Policy and Public Interest Clinic. The groups, which were granted intervener status last week, argue the association can't prove there was any copyright infringement by the alleged uploaders.
The rise of free file-sharing networks on the Internet in the past few years has made it easy for millions of individuals to distribute songs worldwide. The Canadian Recording Industry Association has already tried to curb people's behaviour using an education campaign aimed at teenagers who download music.
In the U.S., more than 500 such lawsuits have been launched against file swappers over the past year. They've typically resulted in settlements of between $1,000 and $2,000 US.
© Copyright 2004 The Canadian Press
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