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.


Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “Canadians Can't Tax iPods… For Now”

Subscribe: RSS Leave a comment
10 Comments
thecaptain says:

Re: Re: CD Tax

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.

dorpus says:

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. 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.

dorpus says:

Re: Re: The real picture

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.

thecaptain says:

Re: Re: Re: The real picture

“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?

Mark Fox (user link) says:

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.

Leave a Reply to thecaptain Cancel reply

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Ctrl-Alt-Speech

A weekly news podcast from
Mike Masnick & Ben Whitelaw

Subscribe now to Ctrl-Alt-Speech »
Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...
Loading...