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Canadian court rules MP3 player levy illegal

updated 09:55 am EST, Fri December 17, 2004

Canadian MP3 levy illegal

Canadian consumers may like Apple's iPod after the Federal Court of Appeal ruled that special copyright levies applied to digital music players in the country are not legal, reports The Globe and Mail. The biggest charges have been paid by iPod buyers, which have among the largest capacity to store music. In Canada, the $400 price tag for an iPod has included a $25 copyright levy. "A 71-page decision by Mr. Justice Marc NoŽl found that although the Copyright Board of Canada was seeking to protect music writers and performers from the "harm" caused by digital copying of music when it imposed the MP3 levies last December, the board did not have the legislative authority to do so." As a result of Thursday's decision, the levy can no longer be collected. Apple was unavailable to comment on whether a price decrease is in the works.




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  1. deckard97

    Joined: Dec 1969

    0

    What about the money?

    They've collected so much so far, what are they going to do with that huh? Not a penny has been distributed back to the artists anyway.

  1. scdean

    Joined: Dec 1969

    0

    Where did the levy go?

    As far as I'm concerned, I paid my $25, I can copy whatever I want.

  1. HHogan

    Joined: Dec 1969

    0

    Drove my Chevy to the

    Levy but the Levy was dry.

    Lyrics work both ways now ;)

  1. hayesk

    Joined: Dec 1969

    0

    We need a real law

    The $25 was actually for private copying - i.e. music you already own. They seem to think you should have to pay a fee to copy music from one medium to another. Which I completely disagree with.

    However, that doesn't mean it gives you a right to copy music freely from other sources.

    The law is not specific enough. It has never been updated to include the Internet, computers, peer-to-peer networks, etc. What really needs to be done is a new copyright law which explicity takes the above things into account to say what is legal, and what is not legal. Thus, people try to interpret whatever they want it to be - such as downloading from the internet being private copying and non-infringing, which it isn't.

    It should be legal to make personal copies (for your own use) of any music you have that has not been acquired by infringing on copyright. i.e. music you purchased or non-infringing music that has been given to you.

    It should not be legal to download music from the Internet, or copy music from anyone other than yourself (or maybe immediate family living in your household) without permission of the copyright holder.

  1. hayesk

    Joined: Dec 1969

    0

    iPod price

    Sooo, when's the Apple store going to update their iPod prices?

  1. HoserHead

    Joined: Dec 1969

    0

    Money has been distribute

    Go to http://www.cpcc.ca - money HAS been, and continues to be, distributed to the artists.

  1. JohnnyFive

    Joined: Dec 1969

    0

    re: We need a real law

    What alternative do you suggest to the existing levy on blank media then? Since the law is not explicit enough to distinguish music recording from data recording, users like me who do the latter are unfairly charged a blanket tax on blank media. Perhaps they can device a way for us to apply for a credit on this stupid levy? Of course, interstellar travel will probably happen first before that.

  1. hayesk

    Joined: Dec 1969

    0

    Re: re: we meed a real...

    JohnnyFive, if you feel something is unjust, you should write a polite and informative letter (a real paper letter) to your Member of Parliament explaining why the levy is not fair. You also demand the copyright law be rewritten in clear language to account for modern ways of copying music like downloading, CD ripping/burning, etc.

    Don't forget, postage to your MP is free - you don't even have to pay for a stamp.

    Remember, the levy isn't to compensate for downloading from other people - it's to compensate because the record companies believe we should pay for personal backups and media transfer. Does it suck? Absolutely. But one unjust act doesn't justify another.

    Our tax dollars are spent on things we don't like too, but that doesn't mean we can unjustly take stuff to make up for it. We work to change the laws instead.

  1. ronjamin

    Joined: Dec 1969

    0

    I want my Rebate check!!!

    Now that the judges have ruled, I want a rebate, or at least 25 downloads free from iTunes Music Store.


    And I can wish in one hand and poo in the other.

    If you forgot, they (the imps of the record industry) still impose a "tax" on all blank CD media for the same reason. All we need is the judges to spank them again.

    Spank spank spank. My nipples are getting hard :-P

  1. bigpoppa206

    Joined: Dec 1969

    0

    WHY...

    Would you want a rebate from Apple? They did not charge you the levy, Canada did. Tell the Canadian courts to issue you your free downloads.

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