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(January 2011) Australia [ ] A secondary liability case in Australia, under Australian law, was [2005] FCA 1242 (5 September 2005). In that case, the Court determined that the Kazaa file sharing system had 'authorized' copyright infringement. The claim for damages was subsequently settled out of court. In the case of which was fought out in the, an internet service provider was found not to be liable for the of its users.
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The case did not, however, create a clear precedent that Australian ISPs could never be held liable for the of their users by virtue of providing an internet connection. And other major Australian copyright holders have stated their intention to appeal the case, or pursue the matter by lobbying the government to change the Australian law. Canada [ ] The legality of is disputed, although in practice, file sharing is tolerated. [ ] In addition, in the 2004 case of BMG Canada Inc. John Doe, the court decided that both downloading music and putting it in a shared folder available to other people online were legal in Canada. It has led to harsh criticism from organizations like: Canada, practically the only government of a developed country not to have implemented international copyright treaties agreed over a decade ago, is a major source of the world's file sharing.