ISPs operating in Canada won’t have to reveal subscribers alleged...

record labels claimed 29 anonymous individuals illegally downloaded more than 1,000 songs each. MediaSentry, an antipiracy protection provider, searched online for song titles provided by the record labels, identifying 29 IP addresses offering “large numbers” of those songs and downloaded from those addresses. The labels confirmed that downloads they received from MediaSentry matched their proprietary recordings. The appeals court agreed with the lower court that such evidence was hearsay and not admissible, and that the record labels probably could bring infringement claims under another statute. However, a “lengthy delay” between the request for alleged file-sharers’ identities and collection of that information could create “a risk that the information as to identity may be inaccurate” due to quickly changing IP addresses, the appeals court said. In deciding whether to disclose, privacy generally outweighs the public interest, the court added. But the lower court erred in deciding downloading a song for “personal use” doesn’t constitute infringement, a conclusion that “should not have been made in the very preliminary stages of this action,” the appeals court said. The Canadian Recording Industry Assn. (CRIA) “welcomed” the appeals ruling for “clarifying the steps necessary” to disclose the names of alleged file-sharers. CRIA Pres. Graham Henderson said though the labels must provide “additional evidence” for the lawsuits to proceed, “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.” The decision “removes a legal limbo” on piracy in Canada, he added.