Canada Appeals Court Gives File-Sharers a Victory

TORONTO — A Canadian appeals court has upheld a decision not to force Internet service providers to reveal the identities of 29 file-swappers sued by the Canadian record industry.

Last week’s decision is a victory for Canada’s file-sharers who distribute and download copyrighted works over P2P services such as Kazaa.

The Canadian Federal Court of Appeal on Thursday said Canadian Recording Industry Association had not provided sufficient evidence against the alleged file-sharers.

“This is a landmark privacy decision that affects all Canadians,” said Philippa Lawson, the executive director of the Canadian Internet Policy and Public Interest Clinic. "The court has reaffirmed the importance of online privacy and confirmed that those seeking to sue Internet users cannot uncover the anonymity of their targets on the basis of mere allegations.”

The record industry filed suit in February last year, hoping to follow in the wake of the U.S. music industry in targeting high volume file-sharers.

In the United States, the recording industry uses software to digitally identify a user who is offering to distribute copyrighted files, and then serves a subpoena on the user’s ISP, requesting the name and address of the individual whose account was being used to distribute copyrighted music.

The CRIA adopted the same method but last year a federal court refused to grant subpoenas, arguing that the industry had not put forward sufficiently persuasive evidence to overturn the privacy concerns of the case.

The CRIA appealed but lost the case Thursday when the court ruled that the evidence provided by the CRIA was insufficient.

“It is sufficient if they show a bona fide claim,” the court said in the ruling. But it warned, “caution must be exercised by the courts in ordering such disclosure, to make sure that privacy rights are invaded in the most minimal way.”

With the ruling, the Canadian record industry group vowed to go back to the drawing board in its attempt to target file-sharers through the courts.

“The court has clearly articulated the evidentiary standards that we need to meet and we are satisfied that we can meet those standards in future applications. Large-scale music swappers should know that they can and will be held accountable," CRIA President Graham Henderson said.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

RM11 Joins Pineapple Support as Supporter-Level Sponsor

RM11 has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Mark Spiegler Named XBIZ Talk Guest for 2026 LA Conference

XBIZ is pleased to announce that famed talent agent Mark Spiegler, impresario of the Spiegler Girls agency, will join an exclusive talk session at XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Gataca Introduces Passkey Integration

Spain-based age verification provider Gataca has debuted its new passkey integration.

GloryPay Announces New Financial App

European fintech company GloryPay has announced the launch of its financial app for industry members.

Creator of Hentaied, Parasited Launches New Site 'MonsterPorn'

Romero Mr. Alien, the creator of Parasited and Hentaied, has launched new paysite MonsterPorn.com.

House of Lords Approves UK Plan to Outlaw 'Choking' Content

The House of Lords, the U.K.’s upper house of Parliament, has agreed to amendments to the pending Crime and Policing Bill that would make depicting “choking” in pornography illegal and designate it a “priority offense” under the Online Safety Act.

Indiana Sues Aylo Over AV, Calls IP Address Blocking 'Insufficient'

Indiana Attorney General Todd Rokita has filed a lawsuit against Aylo, alleging that the company and its affiliates have violated both Indiana’s age verification law and the state’s Deceptive Consumer Sales Act.

House Committee Amends, Advances Federal AV Bill

A U.S. House of Representatives subcommittee voted Thursday to amend the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law, and to advance the bill for review by the full Committee on Energy and Commerce.

New AI Companion Platform 'SinfulXAI' Launches

SinfulXAI, a new AI companion platform, has officially launched.

FSC Announces Board of Directors Election Results

The Free Speech Coalition (FSC) has announced the results of its 2026/2027 Board of Directors election.

Show More