Joined: 08 Jul 2006
|Posted: Sun Aug 13, 2006 7:08 am Post subject: The Imminent Death Of Peer To Peer Communication 2/7/2004
|Countries around the world seem to be gearing up to attack the legality of peer-to-peer internet communication.
Peer-to-peer (or P2P) was best exemplified by the Freenet Project (see our report on Freenet); however, this form of communication is now being declared illegal by many countries in the world. The first example here is Sweden:
I just found an organization dedicated to preserving P2P communication:
Here is a story about P2P in Toronto, Canada:
File-sharing case adjourned to Mar. 12
Court proceedings to sue those who share their music
collections with millions around the world got underway in a
Toronto courtroom today.
The Canadian Recording Industry Association asked a
Federal Court for permission to smoke out music pirates from
the protection of Internet Service Providers.
Mirroring action taken last year by the recording
industry in the United States, CRIA argued the country's five
biggest Internet service providers should name people who
upload a large number of music files.
"Our message is for all Canadians. You've got to go off
the illegal sites and stop uploading music. Everyone
recognizes this sort of distribution is illegal under Canadian
law," Richard Pfohl, the lawyer representing the music
industry, including the Canadian branches of BMG, EMI, Warner,
Virgin and Universal, said outside court. "People have to
realize there are consequences when you break the law in
After legal arguments by all the parties, Justice
Konrad von Finckenstein adjourned the proceedings until March
12. He asked each ISP to file more submissions about the
technical requirements of connecting individuals by their
numeric Internet protocol (commonly known as IP) address and
how disclosing home addresses would affect privacy
Last week the music industry filed motions against 29
John and Jane Does who it alleges are high-volume music
traders, storing thousands of MP3 files on their hard drives.
Today, CRIA started to work through the courts to learn
the identities of those people, currently identifiable only
through IP numbers and user handles like Jordana(at)KaZaA who,
according to court documents, allegedly uploaded songs by Jay
Z, Mariah Carey and Jennifer Lopez.
It wants Bell Canada, Rogers, Shaw, Telus and Videotron
to hand over names, home addresses and e-mails, currently
protected by privacy laws.
Vancouver-based Telus said today identifying Internet
surfers by their handles isn't simple. For example, said
lawyer Joel Watson, one of the three names Telus has been
asked to fork over didn't even have an account with the
company during the alleged uploading infringement.
"It shows the frailty of the system," Watson said
Like people in the U.S. found out last year, IP address
owners aren't necessarily those of the culprits. In one case,
an elderly grandparent who'd never turned on a computer was
sued for the actions of his grandchildren.
Calgary-based Shaw Communications argued that its
obligations to clients under federal privacy legislation trump
the rights of the recording industry under copyright law.
The others are taking softer approaches. Bell Canada
and Rogers want time to notify their clients so alleged music
thieves have time to retain a lawyer.
"It's important that before any order be granted that
people who have the most interest and information and
knowledge have an ability to speak to the court and make their
voice be heard," Bell's lawyer Katherine Podrebarac said
Bell and some of the others have already contacted
alleged uploaders to give them a heads up of the court
Quebec's Videotron is the only company not fighting the
order, saying owner Quebecor is concerned about piracy in
other parts of its business, which include newspapers,
television, Internet services and CDs.
Despite the adjournment to March, CRIA said it was
certain lawsuits would soon be filed.
"We're confident that as soon as these issues are
sorted out that the names will be disclosed," said Pfohl
outside court. "We're going after people for whom we have
evidence that they have taken hundreds or thousands of other
people's songs and they've put them on the Internet available
to anywhere between three and five million people at any given
Like recording industries around the world, Canada's
has been battling a four-year slump in CD sales that it blames
on the explosion of music file-sharing that first started when
Napster surfaced in the late 1990s.
The Canadian industry claims it has lost more than $425
million in retail sales of music since 1999 resulting in staff
layoffs of about 20 per cent.
Record companies were successful in suing Napster out
of business in 2001, but have not had similar victories
against more elusive and prolific successors, including
href="http://www.kazaa.com/us/index.htm" Kazaa, Morpheus. While consumers have begun to warm up to paid music
download services, such as Puretrack,
no service has emerged as a clear alternative to the selection
of tracks by the illegal file-sharing services.