Canadians Share!
(Click here to view the original thread with full colors/images)Posted by: Mark2
source: http://www.techcentralstation.com/1051/tec...ID=1051-081803C (http://www.techcentralstation.com/1051/techwrapper.jsp?PID=1051-250&CID=1051-081803C)
written on: 08/18/2003
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Blame Canada
A desperate American recording industry is waging a fierce fight against digital copyright infringement seemingly oblivious to the fact that, for practical purposes, it lost the digital music sharing fight over five years ago. In Canada.
"On March 19, 1998, Part VIII of the (Canadian) Copyright Act dealing with private copying came into force. Until that time, copying any sound recording for almost any purpose infringed copyright, although, in practice, the prohibition was largely unenforceable. The amendment to the Act legalized copying of sound recordings of musical works onto audio recording media for the private use of the person who makes the copy (referred to as "private copying"). In addition, the amendment made provision for the imposition of a levy on blank audio recording media to compensate authors, performers and makers who own copyright in eligible sound recordings being copied for private use."
-- Copyright Board of Canada: Fact Sheet: Private Copying 1999-2000 Decision
The Copyright Board of Canada administers the Copyright Act and sets the amount of the levies on blank recording media and determines which media will have levies imposed. Five years ago this seemed like a pretty good deal for the music industry: $0.77 CDN for a blank CD and .29 a blank tape, whether used for recording music or not. Found money for the music moguls who had been pretty disturbed that some of their product was being burned onto CDs. To date over 70 million dollars has been collected through the levy and there is a good possibility the levy will be raised and extended to MP3 players, flash memory cards and recordable DVDs sometime in 2003.
While hardware vendors whine about the levy, consumers seem fairly indifferent. Why? Arguably because the levy is fairly invisible - just another tax in an overtaxed country. And because it makes copying music legal in Canada.
A year before Shawn Fanning invented Napster, these amendments to Canada's Copyright Act were passed with earnest lobbying from the music business. The amendments were really about home taping. The rather cumbersome process of ripping a CD and then burning a copy was included as afterthought to deal with this acme of the digital revolution. The drafters and the music industry lobbyists never imagined full-on P2P access.
As the RIAA wages its increasingly desperate campaign of litigation in terrorum to try to take down the largest American file sharers on the various P2P networks, it seems to be utterly unaware of the radically different status of private copying in Canada.
This is a fatal oversight, because P2P networks are international. While the Digital Millennium Copyright Act may make it illegal to share copyright material in America, the Canadian Copyright Act expressly allows exactly the sort of copying which is at the base of the P2P revolution.
In fact, you could not have designed a law which more perfectly captures the peer to peer process. "Private copying" is a term of art in the Act. In Canada, if I own a CD and you borrow it and make a copy of it that is legal private copying; however, if I make you a copy of that same CD and give it to you that would be infringement. Odd, but ideal for protecting file sharers.
Every song on my hard drive comes from a CD in my collection or from a CD in someone else's collection which I have found on a P2P network. In either case I will have made the copy and will claim safe harbor under the "private copying" provision. If you find that song in my shared folder and make a copy this will also be "private copying." I have not made you a copy, rather you have downloaded the song yourself. (hahaha :) )
The premise of the RIAA's litigation is to go after the "supernodes," the people who have thousands, even tens of thousands of songs on their drives and whose big bandwidth allows massive sharing. The music biz has had some success bringing infringement claims under the DMCA. Critically, that success and the success of the current campaign hinges on it being a violation of the law to "share" music. At this point, in the United States, that is a legally contested question and that contest may take several years to fully play out in the Courts.
RIAA spokesperson Amanda Collins seemed unaware of the situation in Canada. "Our goal is deterrence. We are focused on uploaders in the US. Filing lawsuits against individuals making files available in the US."
Which will be a colossal waste of time because in Canada it is expressly legal to share music. If the RIAA were to somehow succeed in shutting down every "supernode" in America all this would do is transfer the traffic to the millions of file sharers in Canada. And, as 50% of Canadians on the net have broadband (as compared to 20% of Americans) Canadian file sharers are likely to be able to meet the demand.
The Canada Hole in the RIAA's strategic thinking is not likely to close. While Canadians are not very keen about seeing the copyright levy extended to other media or increased, there is not much political traction in the issue. There is no political interest at all in revisiting the Copyright Act. Any lobbying attempt by the RIAA to change the copyright rules in Canada would be met with a howl of anger from nationalist Canadians who are not willing to further reduce Canada's sovereignty. (These folks are still trying to get over NAFTA.)
Nor are there any plausible technical fixes short of banning any connections from American internet users to servers located in Canada.
As the RIAA's "sue your customer" campaign begins to run into stiffening opposition and serious procedural obstacles it may be time to think about a "Plan B". A small levy on storage media, say a penny a megabyte, would be more lucrative than trying to extract 60 million dollars from a music obsessed, file sharing, thirteen year-old.
If American consumers objected -- well, the music biz could always follow Southpark's lead and burst into a chorus of "Blame Canada". Hey, we can take it….We'll even lend you Anne Murray.
Jay Currie is a Vancouver writer whose writing and blog is at www.jaycurrie.com
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Therefore, Canadians: this is a perfect opportuntiy to share as it IS legal, eh?! :)
Posted by: FuNkY CaPrIcOrN
What in the hell do them Canadians have that we need?And don't say Bacon! :angry:
Posted by: Mark2
Originally posted by FuNkY CaPrIcOrN@19 August 2003 - 18:10
What in the hell do them Canadians have that we need?And don't say Bacon! :angry:
lol, maybe we can send a LOT of our snow so I don't haveta shovel my driveway so much? :D
Posted by: MagicNakor
Damn, I'd like a lot of snow right about now. Put the f'in fires out.
:ninja:
Posted by: toddiscool
Originally posted by FuNkY CaPrIcOrN@19 August 2003 - 19:10
What in the hell do them Canadians have that we need?And don't say Bacon! :angry:
Beer.
But seriously I am not sure if that is real statment or not (about canadains) or a joke. But there is somewhat of a misconception about canadians and technology. We do have computers, and lots of them. Aswell as better internet backbones then the US. Canada is a very technological country, and every time that you call a tech support number and you can understand what the person is saying (not in micronesia or India), you are calling Canada.
Posted by: net-cruizer
Originally posted by FuNkY CaPrIcOrN@19 August 2003 - 11:10
What in the hell do them Canadians have that we need?And don't say Bacon! :angry:
lol!!! Where do you think your electricity and water come from??? CANADA.
And many many more resources. The USA would be screwed if it weren't for Canada. (Ignore if you aren't from the USA, lol)
Posted by: LDeer
That's that last straw. I can now officially say Canada is better than the US.
Posted by: internet.news
As I heard in some reports and from a good girldfriend, the atmosphere
between people in canada should be nice :)
I only know that the atmosphere among people in London is wonderful :)
~ http://internet-news.gmxhome.de/london ~for my london experience with some images.
But I also heard that some people although they had been a victim of
robbery in their own house still leave the door of the house open :)
I think this is also a great sign to be opened is so important :)
thanks anyway, david.
Posted by: REALITY
Having ties with both I now must also agree Canada is better.
:lol: :lol:
The Copyright Board of Canada administers the Copyright Act and sets the amount of the levies on blank recording media and determines which media will have levies imposed. Five years ago this seemed like a pretty good deal for the music industry: $0.77 CDN for a blank CD and .29 a blank tape, whether used for recording music or not. Found money for the music moguls who had been pretty disturbed that some of their product was being burned onto CDs. To date over 70 million dollars has been collected through the levy
This just proves how stupid the people AA really are.
Every song on my hard drive comes from a CD in my collection or from a CD in someone else's collection which I have found on a P2P network. In either case I will have made the copy and will claim safe harbor under the "private copying" provision. If you find that song in my shared folder and make a copy this will also be "private copying." I have not made you a copy, rather you have downloaded the song yourself.
This may also apply to the Jane Doe vs RIAA (http://zeropaid.com/news/articles/auto/08132003c.php) case whereas it may be proven not to be "distrubution" but also simply that "you have downloaded the song yourself".
This will come to an end soon enough.
Posted by: FuNkY CaPrIcOrN
Originally posted by net-cruizer+19 August 2003 - 15:12--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (net-cruizer @ 19 August 2003 - 15:12)</td></tr><tr><td id='QUOTE'> <!--QuoteBegin-FuNkY CaPrIcOrN@19 August 2003 - 11:10
What in the hell do them Canadians have that we need?And don't say Bacon! :angry:
lol!!! Where do you think your electricity and water come from??? CANADA.
And many many more resources. The USA would be screwed if it weren't for Canada. (Ignore if you aren't from the USA, lol) [/b][/quote]
:angry: Yeah.....thanks for making the Price of GAS go up this week .30 Cents a Gallon.We're Paying for your Mistakes. :angry:
:P And screw your Bacon.....what makes you guys think your Bacon is so much better then ours. :P
Posted by: N£MO
Originally posted by net-cruizer+19 August 2003 - 21:12--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (net-cruizer @ 19 August 2003 - 21:12)</td></tr><tr><td id='QUOTE'> <!--QuoteBegin-FuNkY CaPrIcOrN@19 August 2003 - 11:10
What in the hell do them Canadians have that we need?And don't say Bacon! :angry:
lol!!! Where do you think your electricity and water come from??? CANADA.
And many many more resources. The USA would be screwed if it weren't for Canada. (Ignore if you aren't from the USA, lol) [/b][/quote]
Supplying America's electricity is nothing to brag about.
Judging by the powercut :lol: :lol:
Posted by: balamm
Oh f**kin Boo Hoo!!
Try paying what we do after paying your 45% income tax, 7% provincial sales tax, 7(8?)%Goods and services tax, road tax, property tax, transit tax, hydro tax, entertainment tax, CD tax, food tax, environmental levy tax, etc tax, etc tax, etc tax, etc.
What are you up to now ? About $2 US per gallon ? WE pay by the f**kin liter. 85 canadian pennys per liter at the moment. I'm not even gonna bother with the exchange rate bull but it works out to somewhere in the $5 canadian range for a gallon of gas.
By the way, WalMart Canada does NOT charge the levy when you buy CD's meaning a 50 spool can still be picked up for about $30 "real" dollars.
They refuse to police yet another tax that imposes penalties on people who might not even like music yet still need a backup medium for their computer data.
Posted by: Grimlock
Originally posted by FuNkY CaPrIcOrN+19 August 2003 - 21:24--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (FuNkY CaPrIcOrN @ 19 August 2003 - 21:24)</td></tr><tr><td id='QUOTE'> Originally posted by net-cruizer@19 August 2003 - 15:12
<!--QuoteBegin-FuNkY CaPrIcOrN@19 August 2003 - 11:10
What in the hell do them Canadians have that we need?And don't say Bacon! :angry:
lol!!! Where do you think your electricity and water come from??? CANADA.
And many many more resources. The USA would be screwed if it weren't for Canada. (Ignore if you aren't from the USA, lol)
:angry: Yeah.....thanks for making the Price of GAS go up this week .30 Cents a Gallon.We're Paying for your Mistakes. :angry:
:P And screw your Bacon.....what makes you guys think your Bacon is so much better then ours. :P [/b][/quote]
Yeah the price of gas went up because of Canadians WTF!!! Are you on glue you go to war with the countries that supply the oil and then you bitch when the price goes up. Use yer head.
Posted by: REALITY
Take Off, Ay...
To The Great White North
It's A Beauty Way To Go
Take Off, Ay...
"Geddy Lee"
Posted by: abu_has_the_power
hey, did u know that ATI was based in Canada? or that orbit gum is made in canada. and did u know that canada doesn't worry bout terrorist attacks? cuz they r peaceful and has too much resources, which is a good thing. besides, canada is larger than the us, and the copyright laws that r goin so crazy here doesn't apply to canadians. ha ha. dude, canadians rule.
Posted by: FuNkY CaPrIcOrN
:P Nothing but a bunch of Canadian Lovers. :P
Where did that Whiskey/Bourbon come from?Where did them Thoroughbreds come from?Where did that Louisville Slugger come from?
I'll tell ya where.....Kentucky.Right here in the good ole USA. :D
You can have your Bacon and Oil. :P
Posted by: Somebody1234
As for us Canadians cutting off your power, I think you got that all wrong. We didn't cut you off or have a breakdown. The power station that failed and caused the cascading shutdowns was in the USA not here.
As for this .77¢ tax on blank cds, I don't see that here. I only pay .40¢ for each blank CD.
hey, did u know that ATI was based in Canada?Matrox too!
Posted by: JackDem
We get everything up here for almost nuthin.
Very soon we and Indonesia will be the only source for file sharing, so be nice to us.
Posted by: maxpain
Why is it that 93% of C A N A da's population lives within 100 mile of the US boarder? Even the Canadians know which country is best.
Posted by: Somebody1234
Originally posted by maxpain@20 August 2003 - 13:52
Why is it that 93% of C A N A da's population lives within 100 mile of the US boarder? Even the Canadians know which country is best.
It's because it gets colder the further north you go. :P
And I mean colder!!! As it already gets cold enough in the winter! :geek:
Posted by: Mark2
Lol, wow ... I didn't mean to start a brawl! :D
Canadians, the peacemakers ... :P :rolleyes:
Posted by: toddiscool
Originally posted by FuNkY CaPrIcOrN@20 August 2003 - 18:03
Where did that Whiskey/Bourbon come from?
I know you are not gonna start comparin alchohol with us canadians!
Posted by: MagicNakor
Whiskey was invented by Irish monks (in Ireland).
Thoroughbreds were first bred in Great Britain.
A large percentage of Canada's land is permanently frozen, and thus, inhospitable to many.
:ninja:
Posted by: abu_has_the_power
people, remember, the canadians r peaceful and selfsustained. they hardly need any resources from other countries, which is why canada has no international problems with other countries. the us, who gets involved in everything and think they own the world :angry: :angry: . and 1 more thing. at least the canadians rn't afraid of osama and the taliban bombing their stuff :lol:
remember, CANADIANS RULE!!! :) B) B)
Posted by: Mark2
Originally posted by abu_has_the_power@21 August 2003 - 00:31
people, remember, the canadians r peaceful and selfsustained. they hardly need any resources from other countries, which is why canada has no international problems with other countries. :) B) B) [/b]
thats why I heard and experienced when travelling, anyone in the world is really kind to canadians :D
Posted by: toddiscool
thats why I heard and experienced when travelling, anyone in the world is really kind to canadians
Ya very true travel to the UK, with a canadian flag somewhere on your clothes, and you are gonna drink for free. It is kinda nice.
Posted by: james_bond_rulez
Originally posted by balamm@19 August 2003 - 21:43
Oh f**kin Boo Hoo!!
Try paying what we do after paying your 45% income tax, 7% provincial sales tax, 7(8?)%Goods and services tax, road tax, property tax, transit tax, hydro tax, entertainment tax, CD tax, food tax, environmental levy tax, etc tax, etc tax, etc tax, etc.
What are you up to now ? About $2 US per gallon ? WE pay by the f**kin liter. 85 canadian pennys per liter at the moment. I'm not even gonna bother with the exchange rate bull but it works out to somewhere in the $5 canadian range for a gallon of gas.
By the way, WalMart Canada does NOT charge the levy when you buy CD's meaning a 50 spool can still be picked up for about $30 "real" dollars.
They refuse to police yet another tax that imposes penalties on people who might not even like music yet still need a backup medium for their computer data.
right on dude
45% income tax?? man u got it easy
if you earned more u pay even higher tax, sucks eh?
nah I am paying 90 cents + /litre now
where the hell is the 85 cents/litre? i am going to fuel up...
yeah welcome to Canada dudes, where girls run around naked, good beer, hockey, and a lot of poor people :D
Posted by: balamm
I just got a new bill from revenue canada. The bloodsuckers want $1850 per month from me now. yeah, ok sure.....
Posted by: james_bond_rulez
did i mention swiss bank account in the forum somewhere ????
:D :D :D :D :D
Posted by: balamm
Banks are only good if you have money or explosives though. These pricks already have all my cash so....