Legal Issues

Legal Issues

by Mike Masnick




Canadian Group Pushing Gov't To Allow 'You Must Be A Criminal' Tax On iPods

from the how-nice dept

Vincent Clement writes in to let us know that the Canadian Private Copying Collective, the group that administers the extra "you must be a criminal" tax that Canada places on blank media like CDs (but which doesn't always do such a good job paying the collected money to musicians) is now pushing for adding the levy to iPods and other MP3 players. As you might recall, the Canadian Supreme Court has already said that iPods should not be subject to such a levy, but that apparently hasn't stopped the CPCC from trying to come up with some way to squeeze extra money out of people. Michael Geist notes that, beyond the iPod tax, the group is also seeking to significantly increase the tax on blank CDs, to a point where over half the price of a CD would consist of that tax. To support this, the CPCC points to a study saying people don't mind the tax, but fails to mention all of the obvious flaws in that study that were clearly laid out by many when it first came out. Basically, this seems like yet another scam to try to squeeze more money out of consumers by basically assuming that they all must be criminals -- though, of course, the industry still won't allow that these blank media taxes mean that people should then be free to download whatever they want.

21 Comments | Leave a Comment..

 
 

Reader Comments

(Flattened / Threaded)

    Feb 12th, 2007 @ 1:22pm
  • Clear conscience...

    by Simon

    So if we pay this tax, we can download whatever we want, right? I'm sure the copyright holders would be mortified to think we might be paying twice for the same content.

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

  • Feb 12th, 2007 @ 1:33pm
  • Smuggling..

    by Alucardbsm

    I smell a new way to make money.. Buy Cds in the US and smuggle them into Canada for a profit!

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

  • Feb 12th, 2007 @ 1:45pm
  • by Ramsey

    Work it both ways, sell discount CDs to the Canadians, and bring discount medicine back to the state.

    It's like they are trying to invite violent border crime.

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

  • Feb 12th, 2007 @ 1:49pm
  • Put files on the iPod

    by |333173|3|_||3

    sell the iPod with a whole load of files on, you know, out of copyright stuff, and hey, its not blank media anymore. Just because no-one ever keeps the files which were on it when we spplied it is not our problem now is it? HDD manufacturers can do the same. A few pictures (BMPs of thier office block/garden/the road outside/whatever, just to waste space) which everyone deletes when they install the disk.

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

    • Feb 13th, 2007 @ 12:42am
    • Re: Put files on the iPod

      by Enrico Suarve

      They already do this don't they?

      All the MP3/4s my family bought each other this Christmas came with preloaded demo songs and pictures

      So this is already done and therefore the tax is not applicable - good point though

      Sanguine Dream - they already train DVD sniffing dogs apparently - why not CDs? ;0)

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

    Feb 12th, 2007 @ 2:05pm
  • I'm with comment #3

    by Sanguine Dream

    Does this mean that people travelling to Canada will be searched for weapons, drugs, and blank CDs? If not then I know what I'm doing for a side job this summer (when toursim is at its peak).

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

  • Feb 12th, 2007 @ 2:07pm
  • by XCetron

    Same tax on computer and internet connection plz. As if you have both you must be planning to illegally share files or becoming a cyber terrorist.

    Logics ftw

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

  • Feb 12th, 2007 @ 2:25pm
  • What if...

    by CoJeff

    I only buy CDs that are used for data, do I have to pay almost double the amount of the CD cause you think I may be a criminal. Oh wait you already think I'm a criminal. This blank media tax is way beyond my comprehension!

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

  • Feb 12th, 2007 @ 2:31pm
  • License to pirate

    by JJ

    Normally you see me posting here defending the record industry vs mindless bashes. I feel that artists really do need the music industry. In this case, however , I am totally against the record industry. Issues like this are the reason why I dislike the music industry.

    If I must pay this tax, then I should have the right to make as many copies of anything I borrow for my own use. We already pay this tax on recorders and blank media.

    Our legal system is set up so that we are innocent until proven guilty. With such a setup, we should never be punished in advance. I feel that a tax penalty in advance, should be illegal. There are a few taxes that we pay every day and do not even think about it.

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

  • Feb 12th, 2007 @ 2:37pm
  • Canada a socialist state in disguise!

    by Superfreak

    Castro must be proud. However these preemtive taxes are nothing compared to whats going on in the same "true and free" North.
    This week some doc notified the drivers licensing body that this guy he consulted snored.
    The guy got his license yanked. This nanny state believes its citizens can't drive if they haven't had a good nights sleep. I'm not making this up!, check out the hoopla about it in the Toronto Star newspaper;

    http://www.thestar.com/News/article/180674

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

  • Feb 12th, 2007 @ 2:57pm
  • Enron?

    by CoJeff

    I read the article and he brings up a very important part. I would love if the RIAA & CPCC go through an audit. I mean an audit on the scale as Enron cause I bet we find all kinds of problems with their numbers.

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

  • Feb 12th, 2007 @ 3:04pm
  • iPod Tax

    by John

    If you closely read Bill C-32, the levy only replies to recording media that has "never had any sound affixed to it" (or words to that affect). If even one piece of music is 'affixed' to the media, then the levy cannot be applied. So... I am willing to perform the Canadian anthem on a kazoo and put it under a Creative Commons license to be used by each and every mp3 importer.
    Put any song on an iPod and the levy can't be applied.
    Bill C-32 was designed for cassettes. The only reason it was applied to digital media was massive incompetence and corruption by 'Justice' John Gomery. His reward for this blatant subversion of the will of Parliament was to be appointed to the commission to whitewash Paul Martin's role in the 'Corruption Scandal'. If the Frog & His Dog are elected again, the shenanigans will continue for sure. Not that I trust Bev Oda or anything though...

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

  • Feb 12th, 2007 @ 3:47pm
  • Arrg!

    by Pat

    Please email these guys. And if you're Canadian, your local MP.

    inquiries@cpcc.ca

    Copy and paste this if you like:

    The levies currently imposed by the CPCC onto Canada's average consumer are completely ludicrous. The CPCC levy presumes ordinary law-abiding citizens as guilty of copyright infringement. The newly proposed levies to be included on blank media such a memory cards used in digital cameras is an insult.

    Avid hobby photographers or "shutterbugs" enjoy taking many pictures. All these pictures are artwork they have created out of their own inspiration and creativity. Paying a levy on the media to which their photographs are stored and then have that levy wasted by bureaucracy and then even more insulting, paid out to a completely different artist who did not contribute to their work at all is lunacy.

    What sort of precedent do these levies created? Should we also apply a levy to computers? And to internet connections? It follows the same logic that if a consumer buys a blank CD to copy music, then they must be buying a computer and internet connection to do the same.
    To take it a step further, why not apply a levy to empty vehicles when purchased. For, surely, if I purchase a new mini-van I must be intending to transport illegal substances or engage in the import and export of restricted goods. And perhaps, a levy on potting soil as any individual buying it is clearly preparing to create a Marijuana grow operation.


    To impose such levies that the CPCC currently engages in is insulting. To INCREASE them and EXPAND is against all that Canada stands for as a free and democratic modern country.

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

  • Feb 12th, 2007 @ 4:19pm
  • by Overcast

    Simple then.

    Don't buy iPODs
    Don't buy CD's

    Easy enough, done. And Goverment gets ZERO tax :)

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

  • Feb 12th, 2007 @ 5:05pm
  • kewl

    by slackzen

    If there is a levy on putting stuff on the IPOD, which is then meant to supplement the artist who's work has obviously been stolen. Then by way of putting my own artistic creations (e.g. pictures of my dog licking his nuts), and I fill the whole harddrive with this stimulating content, then I should get my money back... right?

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

    • Feb 12th, 2007 @ 7:05pm
    • Re: kewl

      by Pat

      I wrote them a letter a year ago about that. They replied back saying there was no system for indivudal artists to reclaim funds.

      It's FUBAR!

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

    Feb 12th, 2007 @ 8:32pm
  • All digital storage?

    by Paul

    What is the iPod but a portable hard drive with a music playing interface?

    It is a fact that there is more (total) pirated music on personal computers than there is on ipods.
    Why not tax all digital storage? Hard drives, flash memory, even computer ram gets a piece of the mp3 as it gets played.

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

  • Feb 13th, 2007 @ 3:05am
  • Canada is a Socialist Country

    by ScytheNoire

    As a Canadian, I have to 100% agree that Canada is a socialist run country. While I think it's better than that corruption that plague's the United States with it's corporate run country, I think a lot can be done to make Canada a better country.
    More taxes is not one of those things.

    I agree with the above statements about any thing can be used for illegal purposes. What about all the people who use CD's and DVD's to store their family pictures or home movies. Is that right they get taxed for that? I might use my internet for downloading, tax that. Right now, and recently defeated, was a new tax for TV, supposedly for whatever dumb reason, they just wanted more tax on it.

    They just want to put way too many taxes on everything in Canada, but living beside the USA and reading all the insane things happening the USA, it has to be better living in Canada than the USA.

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

  • Feb 13th, 2007 @ 5:57am
  • You want me to pay twice?

    by Gzus steals

    I would gladly pay the tax if I didn't also have to buy the song for a fuckin dollar off of iTunes..

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

  • Feb 13th, 2007 @ 6:00am
  • Caye-Naye-Daye...Aye?

    by Gzus smuggles

    Wants to stop me for mailing blank CD's from the US to Canada?

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

  • Feb 13th, 2007 @ 6:43am
  • by Anonymous Coward

    Easy. Don't buy an iPod.

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

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