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.

Reader Comments

Subscribe: RSS

View by: Time | Thread


  • identicon
    Beck, 17 Dec 2004 @ 11:12am

    CD Tax

    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 | link to this | view in chronology ]

    • icon
      Mike (profile), 17 Dec 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 | link to this | view in chronology ]

      • identicon
        thecaptain, 17 Dec 2004 @ 12:12pm

        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.

        reply to this | link to this | view in chronology ]

        • identicon
          Anonymous Coward, 17 Dec 2004 @ 1:51pm

          Re: CD Tax

          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 | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 17 Dec 2004 @ 8:12pm

      Re: CD Tax

      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 | link to this | view in chronology ]

  • identicon
    dorpus, 17 Dec 2004 @ 2:21pm

    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.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 17 Dec 2004 @ 4:09pm

      Re: The real picture

      Worst troll ever.

      reply to this | link to this | view in chronology ]

      • identicon
        dorpus, 17 Dec 2004 @ 5:52pm

        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.

        reply to this | link to this | view in chronology ]

        • identicon
          thecaptain, 20 Dec 2004 @ 5:49am

          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?

          reply to this | link to this | view in chronology ]

    • identicon
      Mark Fox, 20 Dec 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 | link to this | view in chronology ]


Add Your Comment

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



Subscribe to the Techdirt Daily newsletter




Comment Options:

  • Use markdown. Use plain text.
  • Remember name/email/url (set a cookie)

Close

Add A Reply

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



Subscribe to the Techdirt Daily newsletter




Comment Options:

  • Use markdown. Use plain text.
  • Remember name/email/url (set a cookie)

Follow Techdirt
Techdirt Gear
Show Now: Takedown
Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories
Advertisement
Report this ad  |  Hide Techdirt ads

Close

Email This

This feature is only available to registered users. Register or sign in to use it.