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Encyclopedia > BMG Canada Inc. and others v. Doe and others

BMG Canada Inc. and others v. Doe and others is an important Canadian copyright law, file-sharing, and privacy case, where an Ontario Court refused to allow the the Canadian Recording Industry Association and several major record labels from obtaining the subscriber information of internet service provider customers alleged to have been infringing copyright. Judgment was delivered in April 2004, in Toronto, Ontario. A copyright is a form of intellectual property which secures to its holder the exclusive right to produce copies of his or her works of original expression, such as a literary work, movie, musical work or sound recording, painting, photograph, computer program, or industrial design, for a defined, yet extendable... Motto: Ut Incepit Fidelis Sic Permanet (Loyal she began, loyal she remains) Other Canadian provinces and territories Capital Toronto Largest city Toronto Lieutenant Governor James K. Bartleman Premier Dalton McGuinty (Liberal) Area 1,076,395 km² (4th)  - Land 917,741 km²  - Water 158,654 km² (14. ... The Canadian Recording Industry Association is a non-profit trade organization that was founded in 1964 to represent the interests of Canadian companies that create, manufacture and market sound recordings. ... An Internet service provider (ISP) is a business or organization that offers users access to the Internet and related services. ... April is the fourth month of the year in the Gregorian Calendar and one of four with the length of 30 days. ... 2004 is a leap year starting on Thursday of the Gregorian calendar. ...


The appeal court upheld the core finding of the previous case, that the identities should not be revealed to the plaintiffs, while lowering the test required in this kind of case and also saying that the lower court erred by ruling on whether the alleged filesharing was actually copyright infringement. Judgement was delivered 19 May 2005. May 19 is the 139th day of the year in the Gregorian Calendar (140th in leap years). ... 2005 is a common year starting on Saturday of the Gregorian calendar. ...


Citation: BMG Canada Inc. v. John Doe, 2005 FCA 193


External links

  • appeal court judgement (http://decisions.fca-caf.gc.ca/fca/2005/2005fca193.shtml)
  • original judgement (http://www.canlii.org/ca/cas/fct/2004/2004fc488.html)


 

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