The opinions expressed in this editorial are those of the author and do not necessarily reflect those of Decima Reports.The recent decision by the Federal Court of Canada on music sharing should rightly have an asterix next to it in the record books. The rhetoric has been steadily ratcheted up to send the message to Canadians that file-sharing is perfectly legal in the wake of Justice von Finckenstein’s ruling, but caution is called for.   The judge noted in his ruling that having a music file in a shared drive while using peer-to-peer applications is not a form of copyright infringement on its own. It remains to be seen whether, if a user can be shown to knowingly allow that file to be downloaded by another, sharing is a protected activity. The court ruling established a burden of proof that will be difficult for the recording industry to meet, but it has not closed the door to ruling the music industry’s way if it presents better evidence. Until then, users rights groups are like the American athlete setting a world record at the 1984 Olympics when their Russian rivals stayed home - it’s not the victory anyone hopes to see. Of course, the March 31 ruling is likely just the first step in a series of court losses to be dealt the recording industry. Von Finckenstein’s ruling is the latest in a series of court decisions that stem from the principles set down by the Supreme Court in its Théberge decision. In ruling, von Finckenstein cited CCH, which in turn drew some of its law from that case. Watch for the Supreme Court in its upcoming Tariff 22 decision to cite the former Commissioner of Competition’s March 31 decision when SOCAN loses its appeal. Interactive content producers need to watch carefully. The federal government may have to respond with new forms of regulation on the Internet to counter measures by the courts it sees as damaging to creators. An "Internet tax" is being contemplated by Canadian Heritage. The CRTC will also be watching these developments. Will it come as a surprise to anyone when, in revisiting its new media exemption order, the commission opens the books on regulation? The courts have been active for two years in dealing with copyright law. New media producers will need to be vigilant when politicians and regulators do the same.