Legal Issues

Legal Issues

by Mike Masnick




Canadians Can't Tax iPods... For Now

from the short-term-thing dept

Almost exactly a year ago, Canada started taxing MP3 players. They had already been taxing things like blank CDs as a sort of "tax to cover unauthorized music copying" and the idea was to extend it to MP3 players... even for those who were using the players for completely legitimate purposes. Now, a Canadian Court has ruled that this tax is illegal. The reasoning is basically that the wording of Canada's Copyright Act clearly doesn't cover things like MP3 players. What this really means is that Canadian politicians are likely to change that law soon. If anything, certain Canadian politicians will probably use this as an opportunity to try to make the law much more entertainment industry friendly.

10 Comments | Leave a Comment..

 
 

Reader Comments

(Flattened / Threaded)

    Dec 17th, 2004 @ 11:12am
  • CD Tax

    by Beck

    If Canadians are paying a fee when they purchase blank CDs - to cover unauthorized music copying - then is it OK to make copies of music?

    (reply to this comment) (link to this comment)

    • Dec 17th, 2004 @ 11:23am
    • Re: CD Tax

      Actually, we mentioned that before... it seems that the Canadian rulings have suggested that it is legal to download music. It is not, however, legal to upload music. However, as you might imagine, not everyone agrees with that...

      (reply to this comment) (link to this comment)

      • Dec 17th, 2004 @ 12:12pm
      • Re: CD Tax

        by thecaptain

        Yeah, basically they use this example in their brochures (and I think there's a government website also).

        If I lend you a CD and you make a copy of it for yourself, this is legal.

        If I make you a copy of the CD and give it to you, this is not legal (viewed as distribution of a copywrited work).

        The decision on whether music downloads were legal were seen in this light. Ie: If you download something...it is the same as borrowing it and making a copy for yourself.

        I'm not sure if anything was stated about making your collection available to P2P networks...since you aren't "uploading"...rather you are letting people download from you.

        (reply to this comment) (link to this comment)

        • Dec 17th, 2004 @ 1:51pm
        • Re: CD Tax

          by Anonymous Coward

          The CD tax is the main reason that CIRA (the Canadian equivilent of RIAA) can't sue file sharers. We have effectively paid the fine before doing the crime.

          (reply to this comment) (link to this comment)

      Dec 17th, 2004 @ 8:12pm
    • Re: CD Tax

      by Anonymous Coward

      Yes. That's the express, intended purpose for the CPCC levy. Notice that I'm paying the recording industry every time I backup my hard drive, however, and imagine my frustration as somebody affected by those fucking CRIA putzes.

      (reply to this comment) (link to this comment)

    Dec 17th, 2004 @ 2:21pm
  • The real picture

    by dorpus

    Canada is a constitutional confederacy designed by American politicians from the South in the wake of the Civil War. The confederacy has a weak federal government that is desperate for tax revenues, so it will set up strange, unpopular taxes. At the same time, the country has a government-subsidized entertainment industry, making strange mediocre works, to prevent citizens from listening to too much American music and turning into Americans. Canadian politicians have an interest in setting up systematic biases against Hollywood. Thus, Canadian actions should be judged relative to this political background; they are not acting with libertarian values in mind, as American techies may fantasize.

    (reply to this comment) (link to this comment)

    • Dec 17th, 2004 @ 4:09pm
    • Re: The real picture

      by Anonymous Coward

      Worst troll ever.

      (reply to this comment) (link to this comment)

      • Dec 17th, 2004 @ 5:52pm
      • Re: The real picture

        by dorpus

        Did you read Canadian newspapers when the CD tax was enacted? They talked about Uncle Ottawa coming to the dinner table, helping himself to servings, and letting out a big burp.

        Canada's provinces have their own "premiers", so they are run essentially like independent countries. Store shelves have quotas for what portion of products are supposed to come from what provinces, so the American products that sell better tend to empty out quick. If you missed the show, then you go on your big shopping trip south of the border to load up on light bulbs, toilet paper, toothpaste, clothes, and whatever else you need.

        (reply to this comment) (link to this comment)

        • Dec 20th, 2004 @ 5:49am
        • Re: The real picture

          by thecaptain

          "Store shelves have quotas for what portion of products are supposed to come from what provinces, so the American products that sell better tend to empty out quick. If you missed the show, then you go on your big shopping trip south of the border to load up on light bulbs, toilet paper, toothpaste, clothes, and whatever else you need."

          Now where oh WHERE did your active imagination get THAT ridiculous idea?

          (reply to this comment) (link to this comment)

      Dec 20th, 2004 @ 9:42am
    • Re: The real picture

      Canada is a constitutional confederacy designed by American politicians from the South in the wake of the Civil War. The confederacy has a weak federal government that is desperate for tax revenues, so it will set up strange, unpopular taxes.
      This isn't correct. In Canada all powers not listed in the Constitution go to the federal government, which is the opposite of the US. As a result the provinces have to go to the federal government to get enough money to run their programs. As for Southern politicians setting up Canada I never heard of that - several conferences took place prior to the 1860's on setting up Canada.
      The digital media levy is a poorly designed payout to the Canadian music industry and nothing to due with government tax policy.

      (reply to this comment) (link to this comment)

Add Your Comment

Have a Techdirt Account? Sign in now.
Get Techdirt’s Daily Email
Plain Text HTML
Save me a cookie
  • Plain Text: A CRLF will be replaced by break <br> tag, all other allowable HTML is intact
  • HTML: No formatting of any kind is done without explicitly being written in
  • Allowed HTML Tags: <b> <i> <p> <a> <em> <br> <strong> <blockquote> <hr> <tt>
Close
Have a Techdirt Account? Sign in now.
Get Techdirt’s Daily Email
Plain Text HTML Save me a cookie

Search Techdirt
And now, a word from our Sponsors..



Subscribe to Techdirt's Daily Email Newsletter

Techdirt's Daily Email Newsletter

Related Stories
Close
E-mail It