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Jay Currie

One Damn Thing After Another

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Those who expected that ruling to come last week were disappointed. Instead, last Wednesday, the Ontario Federal Court of Appeal declined to pass judgment in a music file sharing case, BMG Canada vs. John Doe.
it world canada
There is no Ontario Federal Court...But other than that it is interesting that Mr. Justice von Finckenstein is being asked to overturn the judgement he made in this matter. His reasons in the earlier hearing of that case were comprehensive and a rather brilliant look at the difficulty in identifying specific individuals as file sharers. For example:
To complicate matters, the PC does not itself have an address, but rather the hardware connection, i.e., the router or network adaptor, through which the PC gains access to the Internet had an embedded address that was assigned to it when it accessed the Internet for the first time. This is called the MAC address and it is an address associated with the hardware connection not the PC. This distinction is important, particularly when the hardware connection provides access to multiple PCs through the use of a Local Area Network ("LAN"), as discussed below.
von finckenstein, j.
The Canadian recording folks are going to have to manage to convince von Finckenstein that he got that all wrong...

Don't think so...