the ruling indicates that downloading is lawful in Canada and that "the mere fact of placing a copy on a shared directory in a computer where that copy can be accessed via a P2P service does not amount to distribution."

Tekijänoikeudellisen distribution -määritelmä:

1. Authorizing

Ja

2. “give approval to, sanction, permit, favour, encourage”: see The New Shorter Oxford English Dictionary (1993), vol. 1, at p. 526.

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As far as authorization is concerned, the case of CCH Canada Ltd v. Law Society of Canada, 2004 SCC 13, established that setting up the facilities that allow copying does not amount to authorizing infringement. I cannot see a real difference between a library that places a photocopy machine in a room full of copyrighted material and a computer user that places a personal copy on a shared directory linked to a P2P service. In either case the preconditions to copying and infringement are set up but the element of authorization is missing. As Chief Justice McLachlin said in CCH, supra:

“Authorize” means to “sanction, approve and countenance”:

Countenance in the context of authorizing copyright infringement must be understood in its strongest dictionary meaning, namely, “give approval to, sanction, permit, favour, encourage”: see The New Shorter Oxford English Dictionary (1993), vol. 1, at p. 526. Authorization is a question of fact that depends on the circumstances of each particular case and can be inferred from acts that are less than direct and positive, including a sufficient degree of indifference: However, a person does not authorize infringement by authorizing the mere use of equipment that could be used to infringe copyright. Courts should presume that a person who authorizes an activity does so only so far as it is in accordance with the law: Muzak, supra. This presumption may be rebutted if it is shown that a certain relationship or degree of control existed between the alleged authorizer and the persons who committed the copyright infringement

[28] The mere fact of placing a copy on a shared directory in a computer where that copy can be accessed via a P2P service does not amount to distribution. Before it constitutes distribution, there must be a positive act by the owner of the shared directory, such as sending out the copies or advertising that they are available for copying. No such evidence was presented by the plaintiffs in this case. They merely presented evidence that the alleged infringers made copies available on their shared drives.

UGH!