Michael Geist – Saturday September 15, 2007:
The Canadian Recording Industry Association this week quietly filed documents in the Federal Court of Appeal that will likely shock many in the industry. CRIA, which spent more than 15 years lobbying for the creation of the private copying levy, is now fighting to eliminate the application of the levy on the Apple iPod since it believes that the Copyright Board of Canada’s recent decision to allow a proposed tariff on iPods to proceed “broadens the scope of the private copying exception to avoid making illegal file sharers liable for infringement.”
Given that CRIA’s members collect millions from the private copying levy, the decision to oppose its expansion may come as a surprise. Yet the move reflects a reality that CRIA has previously been loath to acknowledge – the Copyright Board has developed jurisprudence that provides a strong argument that downloading music on peer-to-peer networks is lawful in Canada. Indeed, CRIA President Graham Henderson provides a roadmap for the argument in his affidavit:
“First, the Board has stated, in obiter dicta, on several occasions that the Private Copying regime legalizes copying for the private use of the person making the copy, regardless of whether the source is non-infringing or not. Therefore, according to the Board, downloading an infringing track from the Internet is not infringing, as long as the downloaded copy is made onto an ‘audio recording medium’…Second, also in obiter dicta, the Board stated that the private copying exception in Section 80 is not conditioned on the existence of a tariff to collect royalties covering the medium onto which copies are made.
Third, in combination with the aforementioned obiter dicta in the Board’s other decisions, the Decision [the iPod decision] could potentially be interpreted to allow the copying of music files from any source – whether legitimate or illegitimate – onto any type of device ordinarily used by individuals to copy music, such as personal computers…”
First they get a law secretly passed which essentially establishes a corporate tax on every blank tape and CD sold for any use, anywhere in the country and then they force a new levy of between $5 and $25 on every MP3 player sold in the country and now they decide all those incoming millions of dollars aren’t enough to compensate for downloaded songs and films.
It’s a old game called: “How greedy can they get?”.
Of course it’s legal to download music in Canada because people pay for it twice before they ever share it. They also pay the music and movie industry, even if they’re just purchasing CDs to make back-ups of their hard disks!
It’s just too bad none of that money ever made it’s way to the artists, who were supposedly the object of this ridiculous exercise in the first place.
This story seems to imply they’d rather dump the guaranteed millions on mp3 players every year and sue their customers. I’ll believe that when I see it. I’m pretty sure they actually want to sell the music and movies, keep the ‘tax’ and on top of that, have the right to sue their customers.
Free enterprise! Isn’t it just wonderful when it works so well?
http://isohunt.com/
I don’t understands why the movie and music industries think they should ever collect more than one sale. They need to make digital downloading work for them.
If I could sell back the songs and movies I don’t like, I might consider paying for them…
Hmm. Actually no.. I’ll never pay.
Good Grief!! I almost forgot that next Wednesday, Sept. 19th is “International Talk Like A Pirate” day. Break out the rum, matey and Aaarrrghh! Ye’r parrot walks like duck, swab the decks!
http://www.talklikeapirate.com/
#1
I don’t recall it being a “secret” when this law (establishes a corporate tax on every blank tape and CD sold for any use) was passed. In fact I distinctly remember it being in the press prior to passing.
This law also resulted in any attempts to prosecute downloaders as being null and void.
Regardless though, from a personal perspective the actions of record, movie and hardware companies has made me indifferent to their products.
#5
You’re so outdated, this is how today’s pirates say:
“My 500 blank DVDs box just arrived!” Or “I have 3 DVD burners installed on my computer!” And don’t forget “a 300gb HDD is too small.”
6. “I don’t recall it being a “secret” when this law (establishes a corporate tax on every blank tape and CD sold for any use) was passed. In fact I distinctly remember it being in the press prior to passing.”
The secret part was the entire process leading up to the passing. During that secret process there was no input from the public, just music industry cronies.
Telling citizens about a law worked out by corporate interests right before it’s passed is hardly informative.
#7, Angel, You’d better get out that pegleg with the secret compartment that holds 1,000 SD chips . Arr, matey, me parrots burn those DVD’s when we reach home port!
Oh, and Angel, you Piratey Bastard! 🙂
#6, Nth,
#1
I don’t recall it being a “secret” when this law (establishes a corporate tax on every blank tape and CD sold for any use) was passed. In fact I distinctly remember it being in the press prior to passing.
As I recall this happened almost 20 years ago when Mulroney & his fellow corporate mobster types were still in power. I don’t recall much public debate about this as Mulroney was busy selling out Canada to other interests and this was rather minor in perspective.
I also remember most feeling this was a fair tradeoff. I could be wrong as that was a long time ago but I certainly don’t remember a loud outcry.
#8 SN
Agreed, I wasn’t aware of all the details I just remember being pissed about the added cost when I read about it.
#10 Mr. F
“Mulroney & his fellow corporate mobster types” as opposed to Cretien?
Who benefited the most from the GST and free trade?
We wouldn’t have the surpluses we have today if it wasn’t for “the Irish Tenor’s” government taking these radical moves and subsequent governments reaping the benefits and taking the credit.
Regardless Harper sucks major ass and will never be getting my vote again. These religious nut jobs in at the moment made a point of hiding that fact (the religious part) when the election was being held.
For the Americans here who might not know, being overtly religious in Canadian politics is in general a bad move.
Federal politics I should have said.
# n – Everyone
I think you all made excellent and intelligent points, with the possible exception of the people who were talking like pirates. 🙂
Just to elucidate, when I mentioned “secretly” in #1 I was primarily thinking about the hundreds and hundreds of clients I’ve enlightened over the past several years, not one of whom had ever even heard of this ‘levy’ and who were therefore aghast to find they were paying a tax to corporate entertainment companies. They just thought tapes and backup disks cost a lot.
So much for an informed electorate…
#13, Cinaedh, Arr, ye rickety wretch, ye’ll be walkin’ the plank fer them insults! Ha’ ye ne’er heerd the story of “Bubba the Pirate?” A fearsome tale, ’tis, and ye’ll shiver in ye’re own timbers!!
Woe are ye who dare to use ye’er sword on this ancient tale o’ fear!! Yer fate be beyond me help now!!
http://tinyurl.com/3783gp
So, like, take off, eh? Ya Hosers. Koo roo koo koo koo roo koo koo! (where’s my hockey jersey?)
#14 – BubbaRay
I’ve got to give you credit for going to the trouble of finding the only web page on the entire Internet containing the words: “Dread Pirate Bubba”. I wouldn’t have thought there was such a thing.
So far as I can tell, other than this one now, you also found the only mention of “redneck pirates” on the entire Internet, which is another astounding feat.
I am forced to withdraw my qualification: “…with the possible exception of the people who were talking like pirates.” and change it to “…especially the people who were talking like pirates.”. 🙂
Aaarrrghh!
#15 – What? A Canadian pirate?