BMG V. John Doe
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BMG V. John Doe
''BMG Canada Inc. v. Doe'', aff'd , is an important Canadian copyright law, file-sharing, and privacy case, where both the Federal Court of Canada and the Federal Court of Appeal refused to allow the Canadian Recording Industry Association (CRIA) and several major record labels to obtain the subscriber information of Internet service provider (ISP) customers alleged to have been infringing copyright. Background CRIA made an application under the Rules of the Federal Court to compel 5 ISPs (Bell Canada, Rogers Communications, Shaw Communications, Telus, and Vidéotron) to divulge the account information of 29 IP addresses that were believed to have downloaded approximately 1,000 copyrighted music files through the KaZaA and iMesh file-sharing software. Shaw strongly opposed the motion, citing customer privacy and technical difficulties. Telus, Bell and Rogers also expressed varying levels of disagreement, also on privacy grounds. Vidéotron offered no opposition: they chose not ...
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Federal Court Of Canada
The Federal Court of Canada, which succeeded the Exchequer Court of Canada in 1971, was a national court of Canada that had limited jurisdiction to hear certain types of disputes arising under the federal government's legislative jurisdiction. Originally composed of two divisions, the Appellate Division and the Trial Division, in 2003 the Court was split into two separate Courts, the Federal Court and the Federal Court of Appeal. The jurisdiction and powers of the two courts remained largely unchanged from the predecessor divisions. The court used facilities as the Supreme Court of Canada Building as well as Thomas D'Arcy McGee Building and registry office at 90 Elgin Street. History Pre-Confederation to Confederation Prior to Confederation, the predominantly English-speaking Canada West (which succeeded Upper Canada) and the predominantly French-speaking Canada East (which succeeded Lower Canada) each had a separate system of courts. During pre-Confederation negotiations, ...
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IP Address
An Internet Protocol address (IP address) is a numerical label such as that is connected to a computer network that uses the Internet Protocol for communication.. Updated by . An IP address serves two main functions: network interface identification and location addressing. Internet Protocol version 4 (IPv4) defines an IP address as a 32-bit number. However, because of the growth of the Internet and the depletion of available IPv4 addresses, a new version of IP (IPv6), using 128 bits for the IP address, was standardized in 1998. IPv6 deployment has been ongoing since the mid-2000s. IP addresses are written and displayed in human-readable notations, such as in IPv4, and in IPv6. The size of the routing prefix of the address is designated in CIDR notation by suffixing the address with the number of significant bits, e.g., , which is equivalent to the historically used subnet mask . The IP address space is managed globally by the Internet Assigned Numbers Authority (IA ...
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Canadian Copyright Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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2005 In Canadian Case Law
5 (five) is a number, numeral and digit. It is the natural number, and cardinal number, following 4 and preceding 6, and is a prime number. It has attained significance throughout history in part because typical humans have five digits on each hand. In mathematics 5 is the third smallest prime number, and the second super-prime. It is the first safe prime, the first good prime, the first balanced prime, and the first of three known Wilson primes. Five is the second Fermat prime and the third Mersenne prime exponent, as well as the third Catalan number, and the third Sophie Germain prime. Notably, 5 is equal to the sum of the ''only'' consecutive primes, 2 + 3, and is the only number that is part of more than one pair of twin primes, ( 3, 5) and (5, 7). It is also a sexy prime with the fifth prime number and first prime repunit, 11. Five is the third factorial prime, an alternating factorial, and an Eisenstein prime with no imaginary part and real part of the form 3p ...
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Odex's Actions Against File-sharing
Odex's actions against file sharing were Japan copyright owners' pre-action discovery to Singapore Internet Service Providers (ISPs) to request for subscribers details in Singapore who were traced to illegal download activities of their licensed anime series. Odex is a Singapore-based company that licenses and releases anime for local and regional Southeast Asian consumption. As Japanese copyright owners are located in Japan, Odex, being holder of the Japanese anime license in Singapore, were appointed to submit legal documents and court proceedings on their behalf in Singapore. Actions Japanese copyright owners appointed Odex to engage Anti-Piracy Solution company, BayTSP, to track illegal downloading activities of Japanese animation in Singapore, using similar method employed by the Recording Industry Association of America (RIAA) in the United States. BayTSP took several months to obtain the IP addresses and evidences of illegal download activities of downloaders from Singap ...
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PIPEDA
The ''Personal Information Protection and Electronic Documents Act'' (PIPEDA; french: Loi sur la protection des renseignements personnels et les documents électroniques) is a Canadian law relating to data privacy. It governs how private sector organizations collect, use and disclose personal information in the course of commercial business. In addition, the ''Act'' contains various provisions to facilitate the use of electronic documents. PIPEDA became law on 13 April 2000 to promote consumer trust in electronic commerce. The act was also intended to reassure the European Union that the Canadian privacy law was adequate to protect the personal information of European citizens. In accordance with section 29 of PIPEDA, Part I of the ''Act'' ("Protection of Personal Information in the Private Sector") must be reviewed by Parliament every five years. The first Parliamentary review occurred in 2007. PIPEDA incorporates and makes mandatory provisions of the Canadian Standards Associa ...
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Ontario
Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Canada, it is Canada's most populous province, with 38.3 percent of the country's population, and is the second-largest province by total area (after Quebec). Ontario is Canada's fourth-largest jurisdiction in total area when the territories of the Northwest Territories and Nunavut are included. It is home to the nation's capital city, Ottawa, and the nation's most populous city, Toronto, which is Ontario's provincial capital. Ontario is bordered by the province of Manitoba to the west, Hudson Bay and James Bay to the north, and Quebec to the east and northeast, and to the south by the U.S. states of (from west to east) Minnesota, Michigan, Ohio, Pennsylvania, and New York. Almost all of Ontario's border with the United States f ...
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Toronto
Toronto ( ; or ) is the capital city of the Canadian province of Ontario. With a recorded population of 2,794,356 in 2021, it is the most populous city in Canada and the fourth most populous city in North America. The city is the anchor of the Golden Horseshoe, an urban agglomeration of 9,765,188 people (as of 2021) surrounding the western end of Lake Ontario, while the Greater Toronto Area proper had a 2021 population of 6,712,341. Toronto is an international centre of business, finance, arts, sports and culture, and is recognized as one of the most multicultural and cosmopolitan cities in the world. Indigenous peoples have travelled through and inhabited the Toronto area, located on a broad sloping plateau interspersed with rivers, deep ravines, and urban forest, for more than 10,000 years. After the broadly disputed Toronto Purchase, when the Mississauga surrendered the area to the British Crown, the British established the town of York in 1793 and later designat ...
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IMesh
iMesh was a media and file sharing client that was available in nine languages. It used a proprietary, centralized, P2P network (IM2Net) operating on ports 80, 443 and 1863. iMesh was owned by American company iMesh, Inc., who maintained development centers around the world. , it was the third most popular music subscription service in the US. iMesh operated the first "RIAA-approved" P2P service, allowing users residing in the United States and Canada to download music content of choice for a monthly fee in the form of either a Premium subscription or a "ToGo" subscription. This subscription-based approach is advocated by theories such as the Open Music Model. A third option was also available for users (residing in either country) to permanently purchase tracks for 99 cents (USD) each, without a subscription. In September 2013, the website of iMesh was hacked and approximately 50M accounts were exposed. The data was later put up for sale on a dark market website in mid-2016 ...
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Vidéotron
Vidéotron is a Canadian integrated telecommunications company active in cable television, interactive multimedia development, video on demand, cable telephony, wireless communication and Internet access services. Owned by Quebecor, it primarily serves Quebec and Ottawa, as well as the Francophone communities of New Brunswick and some parts of Eastern Ontario. Its principal competitors are Bell Canada and Telus Communications. Vidéotron is the List of Canadian mobile phone companies, fifth-largest wireless carrier in Canada, with nearly 1,700,000 mobile subscribers as of Q2 2022. History Vidéotron was established in 1964, under the name "Télécâble Vidéotron Ltée" as northern Montreal's first cable television network. It started with 66 subscribers. André Chagnon served as the company's founding president. From 1966 to 1969, Vidéotron expanded by acquiring several cable networks in many regions of the province of Quebec. In 1969, the company offered the first pay-per-vi ...
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Federal Court Of Appeal (Canada)
The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters. History Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "additional Courts for the better Administration of the Laws of Canada". In 1971, Parliament created the Federal Court of Canada, which consisted of two divisions: the Trial Division (which replaced the Exchequer Court of Canada) and the Appeal Division. On July 2, 2003, the ''Courts Administration Service Act'' split the Federal Court of Canada into two separate courts, with the Federal Court of Appeal succeeding the Appeal Division and the new Federal Court succeeding the Trial Division. Appellate jurisdiction The Federal Court of Appeal hears appeals from the Federal Court and the Tax Court of Canada. Original jurisdiction The Federal Court of Appeal has original jurisdiction over applications for judicial review and appeals in respe ...
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