Search

 

Cablegate: Canadian Court Strikes Down Ipod Levy

VZCZCXRO0270
PP RUEHGA RUEHHA RUEHQU RUEHVC
DE RUEHOT #0071 0112118
ZNR UUUUU ZZH
P 112118Z JAN 08
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC PRIORITY 7139
INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE PRIORITY
RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY

UNCLAS OTTAWA 000071

SIPDIS

SENSITIVE
SIPDIS

STATE FOR WHA/CAN AND EEB/TPP/MTA/IPC
STATE PASS USTR FOR SULLIVAN, MELLE, AND GARDE

E.O. 12958: N/A
TAGS: ECON ETRD KIPR CA
SUBJECT: CANADIAN COURT STRIKES DOWN IPOD LEVY

1. (U) Federal Court of Appeals of Canada ruled on January 11
that the Copyright Board of Canada does not have the
authority to place a copyright levy on iPods and other
digital music players. It is possible that the board will
appeal this decision to the Supreme Court of Canada. The
Copyright Board had planned to charge a levy of up to $75CAD
on digital music players sold in Canada. This levy, similar
to ones on blank CDs, would "compensate" Canadian musicians
(and only Canadian musicians) for music sales allegedly lost
to piracy.

2. (SBU) Most retailers and consumers are pleased by the
decision, and it may inspire renewed calls for the Government
to make format shifting (e.g., moving music from a legally
owned CD to an iPod) clearly legal. Format shifting is
currently a legal gray area in Canada. Although the Canadian
music industry is concerned about piracy, many industry
insiders, including the Canadian Recording Industry
Association (CRIA), believe that a levy on digital music
players is a poor solution. Because a levy forces consumers
to pay compensation for downloaded music, a legal argument
might be made that the levy legalizes unlimited file sharing.
This legal theory has yet to be tested in a Canadian court.

Visit Canada,s Economy and Environment Forum at
http://www.intelink.gov/communities/state/can ada

WILKINS

© Scoop Media

 
 
 
 
 
World Headlines

 

Werewolf: Gordon Campbell On North Korea, Neo-Nazism, And Milo

With a bit of luck the planet won’t be devastated by nuclear war in the next few days. US President Donald Trump will have begun to fixate on some other way to gratify his self-esteem – maybe by invading Venezuela or starting a war with Iran. More>>

Victory Declared: New Stabilisation Funding From NZ As Mosul Is Retaken

New Zealand has congratulated the Iraqi government on the successful liberation of Mosul from ISIS after a long and hard-fought campaign. More>>

Gordon Campbell: On The Current US Moves Against North Korea

If Martians visited early last week, they’d probably be scratching their heads as to why North Korea was being treated as a potential trigger for global conflict... More>>

ALSO:

Gordon Campbell: On The Lessons From Corbyn’s Campaign

Leaving partisan politics aside – and ignoring Jeremy Corbyn’s sensational election campaign for a moment – it has to be said that Britain is now really up shit creek... More>>

ALSO:

Another US Court: Fourth Circuit Rules Muslim Ban Discriminatory

ACLU: Step by step, point by point, the court laid out what has been clear from the start: The president promised to ban Muslims from the United States, and his executive orders are an attempt to do just that. More>>

ALSO:

 
 
 
 
 
 
  • Pacific.Scoop
  • Cafe Pacific
  • PMC