How Bill C-61 Will Affect Peer-to-Peer File Sharers and Downloaders

Bill C-61, an amendment to the Canadian Copyright Act, similar to the American Digital Millennium Copyright Act (DMCA), will have severe consequences for Canadian downloaders who use peer-to-peer file sharing programs such as Limewire, or bitTorrent sharing programs such as Azureus Vuse. Bill C-61 outlines a $500 fine for downloading copyrighted material, but by using a peer-to-peer file sharing program the Canadian offender will legally be offending simultaneously as both a downloader and an uploader; uploading punishable by a $20,000 fine under Bill C-61. Importantly, for file sharers who download games, the software that they use to "crack" into the programs is a $20,000 fine, but also a $1,000,000 lawsuit and up to five years behind bars for those who write and distribute those cracks. (How Canadian Copyright Laws are Changing for the Worse / How Bill C-61 Will Effect Canadians who Download)

Bill C-61 was introduced to the Federal Government on June 12^th, 2008, by Conservative Industry Minister, Jim Prentice. Written to ease the pressure from the American Lobbyists representing the American entertainment industry, Bill C-61 is "meant to strike a balance between Canadians and copyright holders" says Industry Minister, Jim Prentice (Search Engine Radio, Jim Prentice Unlocked, June 19^th, 2008). By organizing a more standardized definition of illegal activity and presenting a more efficient method of prosecuting offenders through what many critics call a "fine system," Bill C-61 could have far reaching affects on the community of Canadians who download and share copyrighted material in a peer-to-peer network. (Bill C-61: The Canadian 'Made in America' and the MPAA)

Bill C-61 is standardized at:

- $500 for a downloading offence.

- $20,000 for an uploading offence.

-$20,000 for circumventing an electronic locking device.

- $1,000,000 and up to five years in jail for those who write and circulate circumvention software (i.e. cracks, key-generators, etc.).