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 © 2026 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

2026 XBIZ Amsterdam Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Amsterdam, set to take place Sept. 10-13 at Passenger Terminal Amsterdam.

Ukrainian Legislators Revive Porn Decriminalization Push

The Verkhovna Rada, Ukraine’s parliament, is once again considering a bill that would decriminalize the creation and distribution of pornography in that country — an activity that currently carries a prison sentence of three to five years.

Ofcom Fines XGroovy $986,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 700,000 pounds (about $986,000) against adult website XGroovy for failing to comply with provisions of the Online Safety Act.

Segpay Opens New Global Headquarters in Boca Raton

Segpay has selected Boca Raton for its new global headquarters.

X3 Euro All-Stars Paint Amsterdam Red in Billboard Campaign

The X3 Expo Euro All-Stars are making a splash on the vibrant streets of Amsterdam as the creator-first fan event prepares to make its debut on the continent.

Tiny Secret Games Taps Pauline Schmiechen for Growth and Partnerships Advisor

Adult game studio Tiny Secret Games has named Pauline Schmiechen as its new growth and partnerships advisor.

BranditScan Names Aerie Saunders as Community Manager

BranditScan has named Aerie Saunders as its new community manager.

'Goddess' Charlotte Sins Blesses the September Issue of X3 Magazine

Charlotte Sins graces the cover of the September issue of X3 magazine, the premier publication capturing the real personalities, passions, and stories behind top stars.

Centrobill Names Len Garcia as Chief Sales Officer

Centrobill has named Len Garcia as its new chief sales officer.

Mistrezz.AI Joins ASACP as Corporate Sponsor

The UK-based adult AI companion platform Mistrezz.AI has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Show More