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Jay Currie

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5/20/2005

CIRA Screwed

A Canadian Federal Court of Appeal's decision, released Thursday afternoon, upheld a ruling last year denying the recording industry's demand that Internet Service Providers be forced to reveal the identities of 29 people that the Canadian Recording Industry Association had identified as major downloaders.
globe and mail
Federal Court of appeals Justice Edgar Sexton allowed as how copyright holders have a right to bring suit for infringement but noted that they had to be able to actually point to the IP address which was used for the sharing and the person attached to that IP address...Good luck. As Sexton, J notes,
udge Sexton also noted that Internet Protocol addresses - the numbers assigned to individual users by the ISPs - are dynamic and can change rapidly. He said a suit must be able to prove that an IP address identified as being used for downloads can be linked to the person accused of sharing content illegally.

Observers say this would be very difficult, since the IP numbers that some ISPs assign customers are changed from one session to the next.
globe and mail
I have not read the decision yet but will over the weekend.