January 13, 2004 1:51 PM PST
Canadian MP3 player tax challenged
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The Copyright Board of Canada ruled in December that hard drive-based digital music players should be subject to fees aimed at compensating musicians, songwriters and record labels for copyright infringement. Similar fees are placed on blank audio tapes and CDs, and manufacturers typically pass on the costs to the consumer.
A group of retailers, including Wal-Mart Stores and Best Buy, also is appealing the decision, which will be heard by a federal court.
As part of the same ruling, copyright regulators said they believed that downloading files--even copyrighted works--from peer-to-peer networks such as Kazaa was legal under Canadian law. Offering copyrighted files for upload, or otherwise distributing files without rights holders' authorization online, did not share the same shield, the board said.
Some Canadian legal experts expect the music industry to appeal that portion of the decision. Already, attorneys for the Canadian Recording Industry Association (CRIA) have said they believe the decision was wrong and that downloading is also illegal.
Since the decision, CRIA executives have told Canadian news publications that they expect to file lawsuits against file swappers in Canada, following the lead of the Recording Industry Association of America's (RIAA) actions in the United States.
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I categorically deny that I ever have, or plan to download music from the internet. All the music that I plan to load on the iPod will be from my personal CD collection, all of them purchased by me.
I challenge anyone to justify such a disgusting and punitive levy towards me under these circumstances.
The copyright board also assumes that people with 4 GB (mini) iPods do NOT download music, because they don't have to pay the levy.
I also challenge the copyright board (who approved this levy) to prove to me that I listen to music made by Canadian artists. I don't. Not that I have anything against Canadian artists, my music taste just happens to exclude Canadian artists.
Furthermore, I challenge the copyright board to prove to the public that the $25 levy indeed is paid to the artists. And that a portion thereof does not disappear into the "administration" of such distribution.
This levy is WRONG. I do not download music from the internet, and should not be punished for others' activities, legal or otherwise.
As a result of this levy, I am RETURNING the iPod that I purchased from the store. The next time that I am in the USA, I will purchase an iPod there, where I don't pay this levy. I hope the people who had the gall to apply for, and those that approved this levy, take note of this. Your actions are WRONG and IMMORAL, you had NO RIGHT to do this.