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

XMA Nominations Party Set for Nov. 17 at Avalon Hollywood

A night that sets the stage for the flagship XMAs, this year’s nominations reveal party will take place at Avalon Hollywood on Tuesday, Nov. 17, with red-carpet arrivals starting at 8 p.m.

BrattyGirls.com Launches Through PAYSITE

Producer Robert Peru has launched his newest membership site, BrattyGirls, through PAYSITE.

Arcom Issues Warnings to 3 Adult Sites Over Age Verification

French media regulator Arcom has issued formal notices to the providers of three adult websites that the agency says have failed to implement age verification as required under French law.

AEBN Reveals Ariel Demure as Top Trans Star for Q3 of 2026

AEBN has named its top trans stars for the third quarter of 2026, with Ariel Demure landing atop the leaderboard.

Porn Piracy: How AI Is Transforming Content Theft and Protection

Gone are the days when the word “pirate” primarily conjured images of clever scoundrels like Captain Jack Sparrow, swaggering across the high seas in search of gold and jewels. Today’s most prolific pirates operate in the darkest corners of the internet, armed with bots, scrapers and generative AI.

Playhaus Network Launches Official Website Through PAYSITE

Podcast platform The Playhaus Network has partnered with PAYSITE to launch a new home for its original programming, featuring comedy, uncensored discussions and appearances by adult performers.

Sportsheets Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of Sportsheets in a case against a copycat website using an infringing domain.

Kylie Rocket, Derek Kage Cap AEBN's Top Stars for 3rd Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the third quarter of 2026.

JustFor.fans Launches Android Version of 'JFF Create' Mobile App

JustFor.fans (JFF) has rolled out an Android-compatible version of its creator management mobile app, JFF Create.

Kink.com Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of Kink.com in a case against a copycat website using an infringing domain.

Show More