January 13, 2004 1:51 PM PST

Canadian MP3 player tax challenged

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MP3 player manufacturers, including Apple Computer, Dell and Hewlett-Packard, are challenging a recent regulatory ruling in Canada that would impose an extra fee of as much as $25 on iPod-like digital music players.

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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$25 levy is wrong
I purchased a 40 GB Apple iPod a few days ago, and was disgusted to see that I had to pay a $25 levy on the purchase of such a device. The principle behind this is IMMORAL, since it assumes that I illegally download music from the internet.

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.
Posted by (1 comment )
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I agree completely. I am Canadian, born and raised. My bloodline goes way back. I am only 29 years old. I grew up with an Atari. I remember hooking it up to my TV, wires, ugh. I remember the cartridges. I remember blowing constantly into my Nintendo games, pushing it up and down, the relentless blinking screen, ugh, then finally, after at least half an hour of obsessive head spinning blowing, Duck Hunt finally showed it's grand glory on my screen. The grey and red gun controller, that somehow knew where you were pointing it on your TV, as I courageously shot the quacking ducks, just itching for that dog to pop it's hilarious head up again....

20 years later....

I'm considering buying Kinect by X-box, just to experience the response from my TV. Like an old childhood fantasy.

Look how far technology has come in just a couple of decades. Internet has taken over every life in modern society. Ride a bus someday, and look around. How many people are staring at their cell phones, laptops, and other HD Touch Screen holy cow what else can it do devices?

Internet Piracy will never be stopped, there are millions of hackers out there who love the challenge. But as the point of this article points out, Not everyone is stealing music. Are record stores going out of business? Did CD sales stop, and people loose jobs? I count three music stores in my local mall. All have been there quite a while. Seems they're still selling enough CD's to stay in business. You only need to be observant to know this. That also must mean that only a very small percentage of the population that is actually stealing music.

I'm seeing a cash grab here.

I was in a band for six years, loved it, never made a penny. I quit the band due to circumstances I can't say here, but the whole time, I didn't want the fame, the tours, the crazy band life. I wanted to play music. I accepted that people would likely download the music if we ever made it, because in all reality, in order to truly succeed, you have to get your name out there. This brings me to my last point, and it goes to the musicians in favour of this tax.

Can you download a T-Shirt? Can you buy a live show experience memory? Do you think music will stay on discs forever? Things will be 2mm in size soon, projecting interactive holographic computer interfaces and crazy technologies even I can't imagine are just over the horizon. Seems to me that there are many new ways to be creative and use what is available to us. Ever picked up an ipad? Played the instrument simulators? Imagined an ipad band yet? Four people, four ipads, four speakers. That's your tour. Come on people wake up, technology is opening EVERYTHING up for every single person who knows how to click "OK."

It is unfair to tax innocent people who have already paid their price and taxes on the CD's they love. Perhaps I'm wrong.

Perhaps our countries are populated, run, governed, and ran from by billions of uncaring criminals.
I don't think so.

That's my thoughts on the MP3 player tax. Say no.
Thank you.

Damien Hannah
Posted by AddictedProductions (1 comment )
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