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Canadian Music Industry Wants Royalties on Net Usage

Dr. Zoidburg writes "Apparently Internet music and movie sharing in Canada has gained enough popularity to turn the heads of the music and movie industry. CTV has a report about a Canadian organization named SOCAN (Society of Composers, Authors, and Music Publishers of Canada) that will "ask the Supreme Court of Canada next week to force Internet service providers to pay them royalties for the millions of digital music files downloaded each year by Canadians". Says the president of the Canadian Association of Internet Providers, "Consumers could very well see an increase in their Internet costs and they could see a slowdown in the transmission speed of their Internet communications"."

572 comments

  1. Whoooah by Space+cowboy · · Score: 5, Funny

    All of a sudden I *don't* want to be classed as an ISP any more (re: that story

    Simon.

    --
    Physicists get Hadrons!
    1. Re:Whoooah by Anonymous Coward · · Score: 0, Insightful

      Then again If you pay royalties on net usage to the recording agency then:

      EVERY STOLEN SONG/ALBUM/MOVIE BECOMES LEGAL!!!!

      bhwah hahah hah

      They can't make money from illegally downloaded stuff and then still have it illegal.

    2. Re:Whoooah by mirko · · Score: 5, Insightful

      No.
      It's not, this is just preemptive, this is in case of : if you accept the tax, then you reckon you are a thief and you obviously have to accept further investigation in order to complement your "subscription fee"...
      In France, they had a similar problem : every blank CDR's price include royalties for the musical industries as they consider these media may only be used in order to copy copyrighted music.
      The money only goes to a handful of famous "singers".
      Now, if you only need CDR to backup stuff, then you're fucked.
      What's next, the MPAA will also ask for royalties ?
      Then I will (I just have to find a reason which will prove that people may use anything I invented without my consent).

      --
      Trolling using another account since 2005.
    3. Re:Whoooah by weicco · · Score: 5, Interesting

      In Finland we have been paying "Teosto-payment" (Teosto, Finnish Composers' Copyright Society) from C/VHS-cassettess and CD-Rs (and I think from DVD-Rs alos) for ages. If you can prove that you won't use these medias to store copyrighted material you can get your money back from Teosto by filling an application. I'm not really sure how this works though.

      But this leads to interesting dilemma. Am I automatically criminal when I'm supposed to pay such payments when buying CDRs? I thought person was _not_ guilty until otherwise prooved.

      --
      You don't know what you don't know.
    4. Re:Whoooah by Threni · · Score: 1

      > Am I automatically criminal when I'm supposed to pay such payments when
      >buying CDRs?

      No, but you're surely allowed to copy music if you're paying for it in CDs, internet access costs etc.

    5. Re:Whoooah by jdesbonnet · · Score: 1

      If you are paying for a service then its legit. If they tax music swapping, then music swapping has to be a legit operation. You don't see special categories of taxes for income from bank raids!

    6. Re:Whoooah by castrox · · Score: 1

      Same goes for Sweden, we've had this tax for a long time (not sure how long though) but it covers pretty much any media that can carry copied copyrighted material. E.g. CD's have higher tax of course since they're the "most common" media.

      Originally, though, this was a tax that enabled you to e.g. record transmissions from radio or television. In a way, this has been reevaluated to cover "piracy" as well.

      --
      Fight for your digital freedom, join the EFF *now*: http://www.eff.org/support/
    7. Re:Whoooah by Ambivalent_Guy · · Score: 1

      I am not opposed to paying a tax on something that I use. Case in point is the tariff that was imposed on CD's. I am willing to pay the 5.2 cents on my data CD's, even though I use them for backing up my personal data, and not copy righted material; but I would not be willing to pay the 60.8 cents that is charged on the Audio CD's, if I was only using them for my data. I am sure people who create their own music cringe at the idea of the 60.8 cents to place their own music on the CD's.

      In this scenerio, everyone with an Internet account is going to be called a crook and be forced to pay royalities to SOCAN, even if they do not download music. I would agree with the flat rate, 25 cents per subscriber per year (or even per month), but 10% of the advertising profit from the ISP seems unreasonable. If they must, then collect a tariff as they do with the CD's, and charge a flat rate for all users. All of this money can go into on fund, and anybody who thinks that they have a claim can try to get the money from the government (be is SOCAN, software publishers, etc), and when the fund is empty for the year, so be it. I would expect that in a flat rate system, my ISP would pass that 25 cent charge directly onto me.

      I think that this may hurt the music industry more than help them, as people will then say, "I now have a right to download the music, and I don't have to worry about buying the CD, as I have supported them through the tariff!"

    8. Re:Whoooah by Anonymous Coward · · Score: 0

      In Finland, actually, copying CD:s that you borrow from your friend, or from the library, is indeed very much legal. In my point of view this goes for software, too (although I don't think they have tested it in court). Sharing stuff on the Internet, on the other hand, has been criminalized... (and so has been the selling of copied CD:s)

      So if ISP:s have to pay for people sharing music using their wires, sharing should be legal, too.

    9. Re:Whoooah by Adm1n · · Score: 1

      Here is the Litigation on Tarrif-22 Well they are trying to levy Bell, AT&T and Sprint (Internet Access Providers). However "IANAL" but this is the grounds of the CRTC in canada and is quite out of the joursdiction of the Copyright board. Also Bell, AT&T, Rogers, Sprint have very good teams of layers, once they recive wind of this the CRTC's involvement will be quite messy and amuseing :)

    10. Re:Whoooah by FattMattP · · Score: 1

      The other side of that coin is that if you're already paying them then you can go ahead and copy the music. You've paid for it.

      --
      Prevent email address forgery. Publish SPF records for y
    11. Re:Whoooah by balloonhead · · Score: 1
      If you are paying for a service then its legit

      I will have to tell my drug dealer that. He'll save a fortune on protection.

      --
      This idea was invented by Shampoo.
    12. Re:Whoooah by innocent_white_lamb · · Score: 1

      If you are paying for a service then its legit. If they tax music swapping, then music swapping has to be a legit operation. You don't see special categories of taxes for income from bank raids!

      Actually, that's incorrect. If you are engaged in an illegal money-making activity then you are required to pay income tax on that income just like on any other income that you receive.

      Remember, that's how they jailed Al Capone -- for tax evasion on income from illegal bootlegging.

      --
      If you're a zombie and you know it, bite your friend!
    13. Re:Whoooah by PhB95 · · Score: 1

      ...people will then say, "I now have a right to download the music, and I don't have to worry about buying the CD, as I have supported them through the tariff!"

      This should be modded up insightfull : As stated in another post, in France we pay such a tax on blank media, and the above is exactly what I think (and believe me I'm not the only one)

      --
      One of those Europeans...
    14. Re:Whoooah by Nohbi · · Score: 1

      It's the same in Canada. There's a fee for most of the recordable media out there, VHS tapes, CDs, DVDs and cassette tapes. Now though they want to add the Internet to all the media. In my opinion they should just put a generic levy on all media and be done with it. Thus everything from hard drives to kids note books would be covered and they wouldn't have to revisit these laws everytime a new media comes out.

    15. Re:Whoooah by KjetilK · · Score: 1

      Am I automatically criminal when I'm supposed to pay such payments when buying CDRs?

      Quite the contrary. At least that's the idea in Norway. You pay the tax because making personal copies is your right, but it is a right you have to pay money for (which is a bit weird, but there are many much more weird things coming from lawyers on these topics).

      I'm nevertheless against the idea, because cheap media makes it possible for anyone to distribute their own material. A tax raises the barrier to entry for independent musicians. However you do it, there'll be many more who deserve their cut of the money from the tax than can ever get anything, so this is effectively a tax which takes from the many small and give to the few large ones. Which is bad for cultural diversity.

      Around here, what leading legal scholars have said is that "do you want the tax, or do you want DRM?" Problem is of course that the same scholars are unwilling to discuss a ban on DRM, which is the only natural thing to do if this is how one likes it.

      --
      Employee of Inrupt, Project Release Manager and Community Manager for Solid
    16. Re:Whoooah by werfele · · Score: 1

      Bad assumption. Just as a for instance, several US states tax illicit drugs and require a stamp as evidence of payment. Considering the heft prison term you can pull down if you actually do buy the stamp and sells the drugs, I don't think they intended to suggest any sort of legitimacy.

    17. Re:Whoooah by CorporateIdiot · · Score: 1

      All blank CDs in Canada ahave a royalty attached to them that goes to the recording industry. This should mean that we don't have to pay any more. If this isn't the case then somehow we in Canada are getting right royally screwed!

    18. Re:Whoooah by weicco · · Score: 1

      Yep, but I think Teosto had at least one campaing where they tried to prevent making of personal copies WITHOUT removing that Teosto-payment from storage medias. Luckily this didn't go through.

      But I think I figured out a good way to circumvent this. I could start a software company. Of course I need some way to backup my source code so I need to burn all sources to CDR every week. Then I can ask permission from Teosto to buy Teosto-payment-free CDRs :)

      --
      You don't know what you don't know.
  2. SOCAN? by windside · · Score: 1

    Who the hell came up with that acronym? It's not even close to what it's meant to stand for...

    --
    ...Whether my Maker is prepared for the great ordeal of meeting me is another matter.
    Churchill
    1. Re:SOCAN? by Takara · · Score: 5, Funny
      It's just an acronym. SOCAN is better than SCAMPC (Society of Composers, Authors, and Music Publishers of Canada)

      Or how about STFU (SOCAN Takes money From end Users)

    2. Re:SOCAN? by Anonymous Coward · · Score: 0

      SOciety of composers etc in CANada

    3. Re:SOCAN? by Anonymous Coward · · Score: 5, Funny

      SCAM PC? Sounds reasonably accurate to me...

    4. Re:SOCAN? by Dashing+Leech · · Score: 1
      It's not even close to what it's meant to stand for

      Huh? Society Of Composers, Artists, and Music Publishers of CaNada. OK, the "N" doesn't quite fit, but I wouldn't call one letter "not even close". SOCAMP would probably be a better fit.

    5. Re:SOCAN? by Anonymous Coward · · Score: 0

      You can bet your bottom dollar that whoever came up with that was enjoying a beer (or eight) in front of a hockey game. Good Canadian beer.

      The CAN is most likely for CANada...So, Society of CANada? Who knows. But everything makes sense after a couple of Keiths...

    6. Re:SOCAN? by tumbaumba · · Score: 1

      SOCAN is better than SCAMPC

      SATAN is better yet and sounds more close to the original.

  3. Finally by strike2867 · · Score: 4, Funny

    Finally Canadians get a taste of RIAA's medicine. Theyve had these freedoms for way too long.

    --

    Vote for new mod!!! Score:-2,Imbecile
    1. Re:Finally by mirko · · Score: 0

      Why is this flamebait ?
      I personally got this as irony : the Internet indeed originally spread in the USA but it's a pity that all of its ethical shortcomings also crossed boundaries : why couldn't people realise that most users actually buy what they consider worth the cost whereas dumping all the shitty mp3/divx ?

      --
      Trolling using another account since 2005.
    2. Re:Finally by Dashing+Leech · · Score: 1

      Cute. Joking aside, I see this as the opposite of the RIAA approach. It is an attempt to be reasonable and fair to both consumers and artists. Imagine that. Only in Canada you say? Pity.

    3. Re:Finally by Adm1n · · Score: 1

      We already have a tax in place on CDR's however since all art is considered "Private ART" I can willingly give copies to anyone I choose as I've already paid for the media (as long as it's on a cd!).

    4. Re:Finally by Anonymous Coward · · Score: 0

      No, you can't give them copies. They can make copies of your original CD or your CD-R copy.

    5. Re:Finally by Sebby · · Score: 1
      We already have.

      There's a fucking levy on every CDR product we buy, and they're proposing an increase on that.

      That, and the fact that NONE of that money collected over the last five year has not been distributed to those that are to benefit from it (artists) makes me really warm and fuzzy inside.

      --

      AC comments get piped to /dev/null
    6. Re:Finally by Solosoft · · Score: 1

      Well ... It seems future shop and any of our tech stores are "rebelling" against the RIAA increasing the tax on CD-R's. When I went to the diskman section there is little stickers and posters all over saying about increasing the CD tax and how Future Shop and other companys are against it.

  4. Then never complain... by John+Courtland · · Score: 5, Insightful

    when your stuff gets downloaded. If you're gonna tax everyone, then you can't complain when they take what they paid for.

    --
    Slashdot is proof that Sturgeon's Law applies to mankind.
    1. Re:Then never complain... by MochaMan · · Score: 4, Insightful

      Indeed. That's the idea. When the copyright levy was introduced for blank CDs, we got the right to legally make copies of a friend's CD for our private use in exchange. I suspect that is an attempt to pull something similar for music downloads off the internet.

    2. Re:Then never complain... by TC+(WC) · · Score: 4, Insightful

      To be fair, under the current legislation, downloading music already *seems* to be perfectly legitimate. Being on the sending end, however, is where you're definately in legal trouble.

    3. Re:Then never complain... by Hobbex · · Score: 1

      If you're gonna tax everyone, then you can't complain when they take what they paid for.

      Isn't this exactly the compulsary licensing the that EFF and company have been asking for? I thought people liked that...

    4. Re:Then never complain... by instanto · · Score: 5, Insightful

      However, do you want to pay money to your ISP so that Celine Dion can get money? (Well, she wont, but say for arguments sake that she did)

      I dont want to pay extra money to my ISP just because some wad somewhere downloads a metallica album, why should I pay money to my ISP for crappy music?

      Compulsory License sounds ok - but it still means you're paying money for a lot of shit you dont want.

      I can pay money directly to the composer when I buy their CD - no need for compulsory license or other crap - and best of all - RIAA/The Enemy/trashy musicians wont get a single $ from me .

      If you're not listening to their music - why should they get money from you?

      -

      Also: This sounds like a legalization of downloading music from the net. After all - you've paid for it.

      --
      // instant - "I for one welcome our new Decaff Coffee-Flavoured-Coffee Overlords"
    5. Re:Then never complain... by qewl · · Score: 2, Interesting

      What if everyone with internet access was required to pay the RIAA $3/month? We could download all the music we wanted, and the RIAA couldn't bitch because they'd be making money. The most downloaded musicians would get paid the most, because they would have sold more CD's. Downloading music isn't something that's going to stop; it'll continue to grow unless some drastic(and censoring) changes are implemented in the internet. It's just too convenient.

      --

      (\_/)
      (O.o) This is Bunny. (> <)
    6. Re:Then never complain... by Tyler+Eaves · · Score: 2, Insightful

      Newsflash: Artists have to buy the cds they sell "directly" from the label, with bairly a discount. The artist usually makes very little on the deal, no more than if you bought it at Best Buy or Amazon or whatever.

      --
      TODO: Something witty here...
    7. Re:Then never complain... by Anonymous Coward · · Score: 0

      I have never downloaded music from the Internet. I have no plans to do so in the future. Why the fuck should I pay for something other people are doing?

      If a restaurant hired people to stand outside, grab passers-by, accuse them of stealing food, and not let them go until they payed for something they hadn't taken, that restaurant would quickly find itself on the receiving end of police attention. Why should the music industry be treated any differently? I'm damned if I'm going to pay for music I'd rather be damned than listen to.

    8. Re:Then never complain... by Exiler · · Score: 1

      What about those of us who don't liesten to the crap that they produce?

      --
      Banaaaana!
    9. Re:Then never complain... by Hobbex · · Score: 4, Insightful

      However, do you want to pay money to your ISP so that Celine Dion can get money? (Well, she wont, but say for arguments sake that she did)

      I wasn't arguing for or against compulsary licensing, but asked a question since I know a lot of other people have. I thought this was the whole point of compulsary licenses: everybody pays whether they use it or not, and the money is distrubuted according to some metric of who is downloaded the most.

      I can pay money directly to the composer when I buy their CD - no need for compulsory license or other crap - and best of all - RIAA/The Enemy/trashy musicians wont get a single $ from me .

      The RIAA is not the root of the problem. The laws necessary to support this model _require_ a perpetual war on free communication: if the RIAA were out of the picture then somebody else would be waging it.

    10. Re:Then never complain... by Captain_Chaos · · Score: 1

      If you're gonna tax everyone, then you can't complain when they take what they paid for.

      You'd think so, wouldn't you? However, that is exactly what they're already doing. Here in the Netherlands, the price of empty CD-R's, tapes, etc. includes a royalty to compensate for copying copyrighted works, yet the copying is still illegal. I'm pretty sure it's the same in the US.

    11. Re:Then never complain... by jst666 · · Score: 0, Offtopic

      We welcome you to the wonderful word of socialism.

    12. Re:Then never complain... by God!+Awful+2 · · Score: 1


      Isn't this exactly the compulsary licensing the that EFF and company have been asking for? I thought people liked that...

      "People" liked that? Heh! If you were paying attention, you'd notice that the vast majority of /. readers are opposed to any practical solution to the problem. The EFF proposal gets a bit of extra support just cuz it's the EFF and a lot of people are brainwashed. But there's nothing close to a majority. People here want results, not solutions!

      -a

    13. Re:Then never complain... by instanto · · Score: 1

      Unless said artist owns the label himself.

      --
      // instant - "I for one welcome our new Decaff Coffee-Flavoured-Coffee Overlords"
    14. Re:Then never complain... by Dashing+Leech · · Score: 0, Redundant
      Also: This sounds like a legalization of downloading music from the net. After all - you've paid for it.

      Newsflash! It already is legal in Canada, even before this proposed levy.

    15. Re:Then never complain... by Megor1 · · Score: 1

      Has anyone paid this levy yet?

      The current price on the levy is 59 cents per CD. I go down to best buy and they have spindles of CD's that come out to 40 cents per CD. (They had a sale recently when it was $10 for 40 CD's). I've yet to find a spindle of CD's that is more than 60 cents per disc which would seem to be the give away price if the CD tax was actually being enforced.

      --
      Everyone that disagrees with me is a paid shill
    16. Re:Then never complain... by Ambivalent_Guy · · Score: 1

      If you are in Canada, then data CD's are taxed on import at 5 cents, while 'Audio CDs' are taxed at 60.8 cents. That is why the Audio classed CD's are so much more expensive in the stores. If you data CD's are 10$/40, then the importer paid $2 when they brought them in. They must be getting them pretty cheap to sell them for $8 and make a profit.

    17. Re:Then never complain... by Anonymous Coward · · Score: 0

      Hmm, that's a good point. If they are going to tax us because a minority are downloading then why the hell can't I begin to download seeing as how I'm paying for it anyway.

    18. Re:Then never complain... by Grech · · Score: 2, Interesting
      This isn't compulsory licensing.Compulsory licensing is the creation of a legal ceiling on the price of a license.

      For example, let's say I have a band, perhaps "Alien Ant Farm". Further, let us assume that I have taken leave of my senses, and wish to cover a Michael Jackson tune. Extant compulsory licensing laws are what permit me to cover "Smooth Criminal" for a set price per album sold, regardless of what the Gloved one or his lawyers may wish.

      There is one catch, though. The gotcha is that the compulsory license only covers the originally published arrangement.

      To take an example, let's say that I'm such a severe alcoholic that Metallica kicked me out in 1983, and that I have gone on to have some success with a competing enterprise of my own, called "Megadeth". Further, again suppose I have taken leave of my senses and wish to cover a song originally recorded by Nancy Sinatra in 1966. I can cover the song, but if I want to throw in additional lyrics, then Lee Hazelwood (who wrote the song), can and probably will successfully sue me for corruptiing "These Boots were Made for Walkin'."

      --
      It may not be just, but it is fair, and that is more important.
    19. Re:Then never complain... by Dr.+Evil · · Score: 1

      If they're the same kind I buy, they're super-cheap disks. No label, thin laquer, hold them up to a light and they're translucent.

      On that note, wasn't the levy much higher on rewritable media?

    20. Re:Then never complain... by meatpopcicle · · Score: 1

      Thats a scam. How do they know what was downloaded? They dont and never will. The artists dont see a dime of this revenue. SOCAN and/or the RIAA will keep it all beacuse of their legal/staff operating costs.

      --
      "You're on my side and the dark side, like Lando Calrissian?" --Gimpy, Undergrads
    21. Re:Then never complain... by jc42 · · Score: 4, Insightful

      Then never complain ... when your stuff gets downloaded.

      But I have a very good complaint: My web site has my music on it. If this goes through, any Canadian downloading my music from my web site will be paying a tax to the recording industry. So, while I won't get any income from those downloads, someone else with no rights to my music will.

      It's bad enough that the recording industry can force "standard" contracts on musicians that give all rights and profits to the recording company, and claim that this is "voluntary". Yeah; it's voluntary; you always have had the choice of nobody hearing your music because you can't get it distributed without signing one of these contracts.

      But this sort of tax gives them profit from my music when I haven't signed any contract at all.

      Somehow, I'm not too happy with this idea.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    22. Re:Then never complain... by Ambivalent_Guy · · Score: 1

      CD-R and CD-RW have the same duty.

    23. Re:Then never complain... by BigBlockMopar · · Score: 1

      when your stuff gets downloaded. If you're gonna tax everyone, then you can't complain when they take what they paid for.

      But there's a further problem here. I don't know too many people who are running around downloading such precious gems as Rita McNeil or the Tragically Hip's lovely Bobcaygeon. Artisits like Rush, Big Sugar, Barenaked Ladies, and Rufus Wainwright are aberrations and represent a very tiny portion of the SOCAN catalog. Yet I can't believe that the tax wouldn't be based on the entire catalog, not just those few songs/artists who can thank their talent rather than CRTC Canadian Content laws for their success.

      So, Canadians will be paying a tax to download music which nobody downloads because it's so rank.

      Actually, that's not true, either. I downloaded Bobcaygeon because it's like a train wreck; if it happens in front of you, you can't take your eyes off it. Any time an American friend tells me that the grass is greener on my side of the fence, I e-mail Bobcaygeon.

      --
      Fire and Meat. Yummy.
    24. Re:Then never complain... by cayenne8 · · Score: 1

      Nope...in the US...only the normal state and/or federal taxes on blank CD's. Just like any other product. There is no royalty 'tax' added to our blanks that I know of....

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    25. Re:Then never complain... by FFFish · · Score: 1

      We had the right to legally make copies of our friends' music BEFORE the copyright levy was introduced. We've had that right since way the heck back in the old days of reel-to-reel and cassette tapes.

      What we got with the levy was the justification for ripping off as much music as we can. Gonna levy my weekly HD backup? Fuck me? No, fuck you, SOCAN.

      --

      --
      Don't like it? Respond with words, not karma.
    26. Re:Then never complain... by John+Courtland · · Score: 1

      You have a valid point, and one that I agree with. I don't know how to fix the problem. I was just addressing the greddy monopolistic bullshit that I know is going to happen (further restrictions on downloading music, while taxing because of "pirates").

      --
      Slashdot is proof that Sturgeon's Law applies to mankind.
    27. Re:Then never complain... by John+Courtland · · Score: 1

      Yep, that's my point. I hate how sarcasm can't really be transmitted electronically... :) I'm not gullible enough to fall for any "leading down the primrose path" they try to set up. If they tax me, I take. I'll download everything available, just to prove a point. Once I have it all, they can stop taxing me.

      --
      Slashdot is proof that Sturgeon's Law applies to mankind.
    28. Re:Then never complain... by mrtroy · · Score: 0, Flamebait

      I was just looking where to post

      "I do NOT want any of my money going to Celine Dion and her old husband. Isnt 400$/person/show in vegas making her rich enough?"

      I would pay this fee if I could direct where it was going at. Trish Stratus, Pamala Anderson, Tragically Hip, and other cool Canadians would get my money.

      And on a side note, Celine Dion is not Canadian. She is French (canadian). And who likes the french?

      --
      [I can picture a world without war, without hate. I can picture us attacking that world, because they'd never expect it]
    29. Re:Then never complain... by Hoser+McMoose · · Score: 1

      The current tarriff is only $0.21 per CD. The proposed increases to this tarriff would see that number rise to $0.59 per CD. Under the current rules, roughly half of the money you pay to buy a data CD for that latest Linux ISO is going to the recording artists of Canada because you making a data CD is hurting their livelyhood so badly. In the updated version, 3/4 of that Linux ISO will go to help our starving record execs.

      Ohh, and as for who gets the money for your Linux ISOs...

      "Since no inventory of privately copied tracks exists, distribution is based on representative samples of radio airplay and album sales, which are given equal weight in the distribution."

      Better hope that the artists you like get lots of radio play, but chances are that most of our money is going to Celine Dion and Shania Twain.

    30. Re:Then never complain... by Megor1 · · Score: 1

      http://cpcc.ca/english/currentTariff.htm

      Current rate for data CD's is 21 cents. and audio CD's is now 77 cents! The best part is the CPCC has yet to deal out any money!

      I can get 100 spindles almost any day of the week for $27 CDN locally, cleary no tarrif is being collected.

      --
      Everyone that disagrees with me is a paid shill
    31. Re:Then never complain... by IHateUniqueNicks · · Score: 1

      No, you are not "definately in legal trouble" for allowing your computer to be used by others. What else do you think a P2P program does? It doesn't give out copies, it doesn't force you to make copies for other people. What it does, is provide them access to your files, and allow them to make their own copies. None of that is illegal. You aren't copying for other people, or distributing copies to other people, you're simply letting them use your computer to make their own.

    32. Re:Then never complain... by rocca · · Score: 1

      No, it's the other way around - the "Audio CD's" (ie minidiscs I believe) are somewhere around 75 cents per disc, but the regular CD-R/CD-RW are taxed lower, somewhere around 22-25 cents if memory serves.

    33. Re:Then never complain... by TC+(WC) · · Score: 1

      Wow, you don't think the restrictions on the use of copies for telecommunication to the public is an issue? The internet definitely falls into the definition of telecommunication used in the law, and an earlier copyright infringement section that defines communication to the public by telecomunication seems to cover this sort of thing...

  5. why by Anonymous Coward · · Score: 0

    when will they learn.........

  6. Sounds reasonable by Rat's_ass_donor · · Score: 3, Interesting

    Relatively speaking, of course. If "Screw the big labels, who overcharge for music and cannot assemble a coherent internet strategy - I'll just get it for free" is a reasonable response to the status quo, then a blanket tax on traffic to "reclaim lost media revenue" is also reasonable.

    1. Re:Sounds reasonable by andrewmc · · Score: 3, Insightful

      Which, of course, ignores the small point that the blanket tax applies to everyone, not just those who download music. A bit like paying a per-CD fee to music companies for every Linux install CD you burn. Reasonable indeed.

    2. Re:Sounds reasonable by Anonymous Coward · · Score: 1, Insightful

      I think that's fair enough, seeing as DeCSS was originally developed for Linux.

    3. Re:Sounds reasonable by ajs318 · · Score: 1

      Why was DeCSS developed for Linux? Because there was nothing else available to do the job. In case anybody has been living in a cave for the past ..... well, however long it was ..... here's the background.

      Jon Johansen had bought and paid for a DVD with his own money, in Norway, subject to Norwegian jurisdiction - where for any non-EU country to try to claim jurisdiction over him would have constituted an act of war. {EU countries can't be at war with one another by definition. Even although it sometimes looks as if they are}. Unfortunately, despite his most valiant efforts, he was unable to locate an open-source application for reading the data on the disc; so he decided to write one himself. Seeing as how he was actually the rightful owner of the disc, the sales receipt implicitly constituted a licence to access the data on that disc which he had bought, paid for and rightfully owned. The contents of the disc may have been encrtypted; but by the act of purchasing the disc using money earned by his own graft he had acquired a legitimate right to decrypt it. As the lawful owner of a DVD, Jon Johansen was by definition not one of the people the encryption was supposed to prevent from accessing the content.

      Imagine if you bought a house, but the estate agent did not give you any keys; so you tried to force entry into the house you just bought, and then a bunch of foreign bobbies arrested you because breaking and entering was a crime in their country.

      {Apologies for possibly over-emphasising the point that he had bought and paid for the disc with money legitimately earned by hand or by brain - but I think it is quite important to remember that, as the rightful owner of the disc he had bought with his own money, he was perfectly entitled to do what he did, and in fact for anyone else to attempt to deny him the rightful use of his own property by delivering it in a damaged condition is tantamount to vandalism.}

      --
      Je fume. Tu fumes. Nous fûmes!
    4. Re:Sounds reasonable by Astatine210 · · Score: 1

      Brief pedant point;
      It doesn't really affect your argument in any way, but there's one fact wrong in your post - Norway isn't actually a member of the EU (It is, however, a member of Europe's 'other trading bloc', EFTA).

    5. Re:Sounds reasonable by aastanna · · Score: 1

      When someone commits a crime we all pay for the police, courts and prisons. When someone gets sick (in Canada) we all pay to make them better. When someone is uneducated we all pay to smarten them up. As long as the fee is small enough ( $1 per month per DSL connection) it seems fair enough...at least we're not paying for court costs on all the subpoena's the RIAA is sending out.

    6. Re:Sounds reasonable by fermion · · Score: 1
      Not if you are dealing with a somewhat capitalist economy where people are financially compensated for creating a product that people are willing to pay for. Note that i did not say that people are paid for effort, although the amount of compensation may be commensurate to the effort and risk.

      It is up to the seller of a product to create an environment in which the product can be sold and in which paying the asking price is easier than creating the product yourself or making a copy of it or stealing it. If the seller is not able to do this, then the product may go away. If the seller is not able to do this without destroying customer loyalty, then the product may go away. Products go away all the time. Just look at the ibuprofen brands widely present five years ago and widely present today.

      It order to justify the "tax" the product would have to be a necessity, like water, electricity, and telephone. In that case, the market would also have to be highly regulated, for instance compulsorily licensing at a fixed costs that may assumes significant revenue comes from the tax, a fixed price of the physical product, and explicit rules for timely return of the product to the public domain. I would argue that no individual artist or label are a necessity, and traditionally we have had more than enough artists that have been able to make a go of it without the PHB overhead.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    7. Re:Sounds reasonable by timeOday · · Score: 3, Interesting
      hy was DeCSS developed for Linux? Because there was nothing else available to do the job. In case anybody has been living in a cave for the past ..... well, however long it was ..... here's the background.
      I have my own little DeCSS story from just last night. My brother (living in another state) called because he couldn't play a DVD on his computer. He had the software on Windows to play it, but it would bomb out and refuse to play because the TV-Out on the card was enabled. Huh? Where is it written you can't use a computer to play DVDs to a television? But he just wanted to watch on the computer, so he hunted around and we couldn't find any option to disable the TV out. (He has an integrated video card; I doubt if it even has a TV out connector anyways).

      Fortunately as an apprentice computer nerd he already had an installation of Linux. I suggested he avoid all the BS by installing mplayer, which he did, and it worked. My relatives visiting at his place were mighty impressed.

      I also use DeCSS-derived products to copy movies to my laptop hard drive, so I can put an extra battery in the drive bay, and save on the power and noise of the DVD-Rom when flying.

      I think DeCSS is great.

    8. Re:Sounds reasonable by ajs318 · · Score: 1

      Thanks for the info, and thanks for being reasonable enough to point out that it doesn't affect the main argument - there are others who would reject the whole argument on the basis that a side branch contained a mistake.

      --
      Je fume. Tu fumes. Nous fûmes!
    9. Re:Sounds reasonable by Anonymous Coward · · Score: 0

      Hmmm, does this mean that SCO can be held accountable for contributory copyright infringement?

    10. Re:Sounds reasonable by Anonymous Coward · · Score: 0

      This is the MPAA. You have been charged and found guilty of piracy. Please forward all your assets along with your first born child to us.

    11. Re:Sounds reasonable by ajs318 · · Score: 1
      Where is it written you can't use a computer to play DVDs to a television?
      Right there in the manual for your graphics card! The thinking behind this is, it is possible that you could plug the computer into a VCR and record the clean picture output from the DVD onto a VHS cassette. The film companies probably are bullying graphics card manufacturers into making it as difficult as possible to copy a DVD to a video cassette. Their attitude seems to be, it's better to have a hundred people unable to use the equipment they bought and own than risk one illegal copy being made. Even so, it might be worth reporting this as a fault. After all, according to the principle of "innocent until proven guilty", if you weren't trying to do anything illegal, you shouldn't be prevented from going about your business {4th amendment in USA?}and if it doesn't work, it's faulty. There may well be a fix, even if the fix is just a BIOS upgrade to force the TV-out off {after all, it doesn't matter much if the socket is absent}. If enough people do this, maybe one of the card manufacturers just might switch their allegiances from Big Business to Common Consumers -- and then they would all have to. {Remember what happened when banks started charging for the hole in the wall? Exactly.} Is there some sort of consumer champion in your area who would show your sob-story to the nation - how a father had to explain to a tearful little girl why she couldn't watch a film she had been given for her birthday on his shiny new computer?

      What we really need is a new law that guarantees individuals the right to watch / listen to / perceive in other ways the content of any legitimately-owned pre-recorded audio-visual medium {CD, DVD, video cassette, LP, minidisc or any other To Be Invented} and outright prevents manufacturers from locking formats {anti-competitive behaviour}. That, and non-discrimanatory licencing. Why aren't more sorted people trying to get themselves elected?
      --
      Je fume. Tu fumes. Nous fûmes!
  7. In Canada. by m0rph3us0 · · Score: 2, Insightful

    We already pay royalties on blank CDs. That is supposed to cover the cost. On the other hand if it means i can't get a 2 billion dollar find for sharing. why not?

    1. Re:In Canada. by WoTG · · Score: 1

      Yeah. I can legally copy a friends CD for personal use thanks to that levy. If they tax internet traffic users, does that mean I can download MP3's from other Canadians, legally?

      Seriously though, there are many other things that are wrong with this scheme, and the CD royalty that came before it. Things like the fact that not all Canuck pirating is for Canadian artists, or that CDR's have uses besides music, or that once you've crossed the CDR line there's no reason to not tax hard drives, flash, or, internet traffic (oh wait, they've figured that out, it seems...)

    2. Re:In Canada. by TC+(WC) · · Score: 4, Interesting

      Look at the laws. What you're allowed to copy isn't linked in any functional way to what you pay the levy on, in the law. The law also doesn't have anything to say about the source that one copies from.

      The Copyright Board has actually found that the source needn't be a legitimately purchased or owned medium for a perfectly legal personal copy to be made. There's no reason downloading music shouldn't be covered by the existing legislation. You run into trouble if you start uploading music, though, as it violates the legal restrictions on usage of a personal copy. It violates, off the top of my head, the prohibitions on transmitting copies across a telecommunications system as well as the prohibition on distributing your personal copies.

      The gist of it is, uploading is sure as hell illegal under the current legislation, but downloading is fine unless some magic way to argue against it is found.

    3. Re:In Canada. by aweraw · · Score: 1

      I'd be interested to know, since i don't live in Canadia, how does this levy effect the price of blank CDRs in a monetary value?

      --
      5468652047616D65
    4. Re:In Canada. by deviantonline · · Score: 1
      Yea.

      Right now we pay that tax on minidiscs, blank cds and tapes, shouldnt that be enough?

    5. Re:In Canada. by Nogami_Saeko · · Score: 1

      It basically doubles them at current prices.

      The levy is $0.20/CD. The price of blank CDs is in the $0.20 range.

      N.

      --
      "Nothing strengthens authority so much as silence." - Charles de Gaulle
    6. Re:In Canada. by jrockway · · Score: 1

      WHAT!? How can you stand that? Every time you burn a 30M Debian install disk or the latest Knoppix you have to pay 20 cents!? Fuck that! If I wanted shitty music, I'd buy it... but taxing every CDR. Wow. If I were you guys I'd be blowing up some buildings or something (jk). Shit. That's harsh.

      Anyway, does this affect CDRWs and DVDs also? My homedir backups would be quite expensive in Canada. Are there 'bootleg' CDRs available?

      Sorry, I'm just shocked by those numbers. .01 cents for a CD ($1 for 100) would be fine, but 20 cents a CD. Wow.

      --
      My other car is first.
    7. Re:In Canada. by varslot · · Score: 1

      "The Copyright Board has actually found that the source needn't be a legitimately purchased or owned medium for a perfectly legal personal copy to be made."

      I presume that a legal personal copy may be made if you previously own the rights to posess that piece of music, e.g. you own a CD, and download the mp3/ogg rather than ripping it your self. I don't think you can extend this to "downloading all music is legal". I might be wrong, though.

      --
      There arises from a bad and unapt formation of words a wonderful obstruction to the mind. (Francis Bacon)
    8. Re:In Canada. by BiggerIsBetter · · Score: 1

      Just so we're clear...

      You can download from an unspecified source, but you can't actually upload in the first place. And the "cost" of this copyright violation is already covered by existing law and taxes on CD blanks, while the actual cost of transmission is already covered by existing ISP fees?

      Can someone please explain to me why this new legislation is even needed?

      Maybe some politician have a kid who wants to be a rockstar or something...

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    9. Re:In Canada. by October_30th · · Score: 1
      Yes. The same rules apply to all removable digital media (I'm not too sure about DAT/DLT, though).

      If you can prove that you have a legitimate use for the discs (ie. you promise not to copy copyrighted audio/video on them) you can get an exemption from the tax.

      From what I have heard, it is next impossible for a private person to get exempt. You have to be a company or institution for that.

      --
      The owls are not what they seem
    10. Re:In Canada. by TekReggard · · Score: 1

      What really bothers me... is that it sounds so vague that I'm not even quite sure what they'll get royalties for. I mean will they get royalties for every mp3s transfered? Will they get them for music they dont even own? ... Thats the question that bothers me the most. These Recording Industries make it sound like they own all the music out there so if anything is being downloaded they're the ones who should get paid... take no notice whether or not they actually own the rights to it.

      Ah, and that reminds me. I've never really done the research, but are any of the recording industries international in any way? Will they be able to claim royalties in multiple nations for the same song that was shared only once? ... so many questions.

    11. Re:In Canada. by Anonymous Coward · · Score: 0

      in Italy is the same. we have a 100% over-cost on blank CSs

    12. Re:In Canada. by ottawanker · · Score: 1

      Anyway, does this affect CDRWs and DVDs also? My homedir backups would be quite expensive in Canada. Are there 'bootleg' CDRs available?

      I can buy a spindle of 100 generic blank 80 minute cds for about $35 CDN from a store close to me in Ottawa. That works out to $0.35 CDN each, or about $0.27 USD each.

      It would be interesting to compare how much I pay compared to how much an American would pay for a similar spindle, but I have never really been concerned about the price being high.

    13. Re:In Canada. by AC5398 · · Score: 2, Informative

      No. A judge found that if *I* borrowed a music cd from a friend and *I* ripped/burnt a copy of that music cd for *myself*, then that is perfectly legal. If a friend made a copy of his music cd and gave that copy to me, that is illegal. Downloading is not considered legal. Uploading is a definite no-no. I would like to understand why I should pay a surcharge to compensate someone else for an activity that I do NOT participate in. If suddenly I get hit with surcharges and I'm not p2p file sharing, my assumption is that music/video downloading from Kazaa or wherever is perfectly legal and I may participate in such activities to my heart's content.

    14. Re:In Canada. by AKnightCowboy · · Score: 1
      We already pay royalties on blank CDs.

      I never understood this. If you're going to penalize people, why not penalize the ones sharing the music? Just raise the price of music CDs to around $2000-$5000 a piece and your problem is solved. You get royalties for the pirated music and everyone else is happy. Sure, you wouldn't get million sellers anymore, but at those prices you'd just need to convince a thousand or so suckers, err.. I mean consumers, into buying your CDs. You'd EXPECT them to be pirated at that price, but it's OK. There are enough rich assholes in the world to support your new business model of outrageously overpriced CDs that it wouldn't matter.

    15. Re:In Canada. by noname3 · · Score: 1

      Because not everyone burns these files to redbook cds, which is what the levies are intended for. If you burn a hundred mp3s to a cd-r and play that on a cd based mp3 player, they don't get as much money as if you burned them onto 8-10 CD-Rs. Plus this way they can collect from people who don't download, just like they get the royalties from people who want to back stuff up!

      The CPCC mentions that there won't be a final say on the levies or mediums. This may be part of their next review. If there were a Canada-only P2P network that I could upload to and download from, I'd love it.

    16. Re:In Canada. by Ambivalent_Guy · · Score: 1

      The tariff on the data CD's is only 5.2 cents, while the tariff on Audio CD's is 60.8 cents. This explains why the Audio CD's in the store are so much more expensive. It also explains why may people who burn their music to CD's are still using data CD's, rather than the Audio CD's that are suppose to be better quality.

    17. Re:In Canada. by Ambivalent_Guy · · Score: 1

      The actual price is 5.2 cents for data CD's and 60.8 cents for Audio CD's. There is also a tarriff on audio tapes as well. Here is a link to the government pubs. http://www.cb-cda.gc.ca/news/c19992000fs-e.html

    18. Re:In Canada. by Jeff+DeMaagd · · Score: 1

      Canadians pay fees and levies (somehow never called a tax) on recording devices and recording media. I think they wanted to charge twenty dollars per gigabyte on portable hard drive MP3 players too, and they were on their way to increasing all those levies.

    19. Re:In Canada. by jimsum · · Score: 1

      I don't think it is legal to use data CD's to record music. The copyright act says it is legal to copy "onto an audio recording medium for the private use of the person who makes the copy". I don't know if data CDs are considered an "audio recording medium".

      --
      -- Pot is safer than Beer
    20. Re:In Canada. by innocent_white_lamb · · Score: 1

      I'm not even quite sure what they'll get royalties for. I mean will they get royalties for every mp3s transfered?

      Flat rate per customer paid by all ISP's, plus a percentage (10% requested) of the ISP's gross advertising revenue.

      Will they get them for music they dont even own?

      They already do. It is my understannding that Socan collects a fee from all Canadian restaurants, hockey rinks and so on, for performance of any music, regardless of its origin.

      --
      If you're a zombie and you know it, bite your friend!
    21. Re:In Canada. by Ambivalent_Guy · · Score: 1

      If they have included the media in the tariff, then they have said that it is a legal recording media under the tariff. Apparently they expect the audio CD's to be used more often, so the higher tariff. Also, if they put the higher duty on the "Data" CD's, they would have had a much harder time justifying the tariff to people using those CD's for data. 5 cents is swallowed by those who are exclusively data users, without a complaint, and barely a notice. The "Audio" label suggest higher fidelity, but does not preclude you from using those CDs for data, and vise-versa.

    22. Re:In Canada. by Rob+Parkhill · · Score: 1

      Simple test: can you record audio to it? Yes? Then it's an audio recording medium. No? Then it's not an audio recording medium.

      --
      "Tomorrow's forecast: a few sprinkles of genius with a chance of doom!" - Stewie Griffin
    23. Re:In Canada. by legojenn · · Score: 1
      I can buy a spindle of 100 generic blank 80 minute cds for about $35 CDN from a store close to me in Ottawa. That works out to $0.35 CDN each, or about $0.27 USD each.

      I would appreciate it if you could name this store is. I normally see generic 50 packs for $30. Since Memorex Black cds are $35 at Best Buy, I splurge. However, if I can get 100 for $35, well, then, I'll do that.

      --
      I make a reasonable middle-class wage by going to work and not spamming blogs with scams.
    24. Re:In Canada. by Hoser+McMoose · · Score: 1

      Uhh, try using the CURRENT tarriff, and not the one that expired three years ago! Here is the current tarriff for blank media. Note that even though it only starts out as a proposal, these are the real tarriffs being collected, as per this decision.

      Actual tarriff on blank data CDs in Canada is $0.21.

    25. Re:In Canada. by IHateUniqueNicks · · Score: 1

      Current legislation says distributing and copying for others is illegal.

      It also says you MAY allow your computer to be used to create a copy for someone else, as long as that other person makes the copy.

      It IS legal to sit your friend down on your computer, put the disc in the drive, move the mouse over the copy button, tell them to click "copy", take the disc out, put it in the case, and give it to them.

      How, exactly, is this different if they're not in front of your computer, but rather clicking that "copy" button from over the 'net?

      So while you are not technically allowed to, say upload a song to an FTP site, you most certainly ARE allowed to allow other people to download from you. As such THEY are making the copy. YOU had nothing to do with it. The fact your computer and your source was involved is completely irrelevant.

    26. Re:In Canada. by IHateUniqueNicks · · Score: 1

      I should also add, it does not specify that the copy has to be of an original, or that it has to be stored on a levied media. It states:

      "audio recording medium" means a recording medium, regardless of its material form, onto which a sound recording may be reproduced and that is of a kind ordinarily used by individual consumers for that purpose, excluding any prescribed kind of recording medium;

      IANAL, but it seems to me that I, as an "individual consumer" could store copyrighted sound recording in wave form on my foot without penalty, as long as I "ordinarily use it for that purpose".

      I'm unsure what the "excluding any prescribed kind of recording medium" bit covers though, or if I am still allowed to "ordinarily" use my foot for other purposes as well...

    27. Re:In Canada. by Anonymous Coward · · Score: 0

      OemExpress

      From their website, they have locations in Edmonton, Calgary, Ottawa, London, Kanata.

    28. Re:In Canada. by TC+(WC) · · Score: 1

      Because not everyone burns these files to redbook cds, which is what the levies are intended for.

      It's what the levies are intended for, but it's not what the law for copying was written to cover... Both items are seperate sections of the Canadian Copyright Act. The levies are compensation for letting people get rights to copy. The section about copying makes no mention of what sort of sources and targets people use, only refering to things like "audio recording media" which is defined in the act as something like "an media upon which audio can be stored" (paraphrasing from memory). So, record companies are trying to get a levy on downloads because they think it's another major source of loss of sales. This sort of makes sense with the logic that was followed to bring in the CD levy...

      My problem is that they're aiming for this, as well as levies on things like hard drives. So you'd be paying the levy on the recording media that you use as well as the transmission method, which is just stupid. I think placing a levy on hard drives is stupid, but if you're pushing for both of the above things it's just being an asshole.

    29. Re:In Canada. by TC+(WC) · · Score: 1

      Bleh. It doesn't matter if it's covered in the levy or not. Even if you didn't pay the levy on data CDs, you could still use them to store music. The sections in law about the levy and about personal copying are seperate. One was created as compensation for the other, but one does not need to use levy covered media to legally create a personal copy of music.

      Also, I *believe* that the reason data CDs have a lower levy is that the chance that something being sold as an Audio CD is being used to store music is much higher than that of something sold as a Data CD. The levy was set to reflect this.

    30. Re:In Canada. by TC+(WC) · · Score: 1
      Tip for reading Canadian Law... Each Part of a law tends to begin with definitions of any term that doesn't have a solid legal definition... If you look at the start of Part 8 (The personal copying bit)

      "audio recording medium" means a recording medium, regardless of its material form, onto which a sound recording may be reproduced and that is of a kind ordinarily used by individual consumers for that purpose, excluding any prescribed kind of recording medium;


      and...

      "blank audio recording medium" means

      (a) an audio recording medium onto which no sounds have ever been fixed, and

      (b) any other prescribed audio recording medium;


      The gist of it is that an audio recording medium, in the eyes of this law, is anything that you can record audio on unless they get around to saying that that thing isn't an audio recording medium.

  8. Stupid . . . by Gabrill · · Score: 4, Insightful

    That's great. Raise internet prices for everyone for no apparent reason to the consumer. Reminds me of some of those obfuscated extra charges on my phone bill.

    --
    Always going forward, 'cause we can't find reverse.
    1. Re:Stupid . . . by Weirsbaski · · Score: 1

      That's great. Raise internet prices for everyone for no apparent reason to the consumer.

      Then in the monthly bill, maybe ISP's should make it clearer, with just a hint of ambiguity on the implications:

      "$1.85 music-distribution fee, to be distributed among RIAA member companies, as compensation for downloading copyrighted songs over the internet.
      RIAA member companies distribute music from artists including Brittany Peares, the Backstreek Boys, and 50-cent Peace."

      --

      I am not a sig.
    2. Re:Stupid . . . by Anonymous Coward · · Score: 0

      Oh the Universal connectivity fee? Thats where the evil city dwellers spitfully subsidize phones and associated infrastructure for good-hearted, salt of the earth hillbilly's who are under the greatly mistaken impression they pay too much in taxes.

    3. Re:Stupid . . . by Reziac · · Score: 1

      Perhaps relevant to this bill as it could be enforced by ISPs, depending on Canadian regulations covering such things:

      Phone companies are required to collect those obfuscated little charges at a certain level, which they then pay to the gov't.

      However, the phone company is allowed to inflate those little charges by as much as the market will bear, and pocket the difference. Sometimes this is several dollars worth per bill.

      Imagine this happening with ISPs, all of whom are strapped for revenue. It'd be like free money.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    4. Re:Stupid . . . by BuckaBooBob · · Score: 1

      You know I would love to actually see some Numbers of the songs being downloaded and those songs availability in the music stores....

      I would not be shocked to see a very large portion of the music being transmitted over the internet is not readily available at music stores.. P2P Music for me is a matter of convience that cannot be had at any Music store I have ever been at.

      This would be one of the reasons for teh sucess of Itunes and similar services... I haven't seen what music they offer.. But for the most part.. I find myself download songs that are 10+ years old that You just can't find in music stores and to Pay 30+$ for a special order is lunacy just for 2-3 songs of the disc.

      --
      Who needs WiFi when we can have Packet Over Sheep! http://datacomm.org/PoS-InternetDraft.txt
  9. everyone wants a piece of this pie by Anonymous Coward · · Score: 3, Insightful

    Hey lets tax internet access.
    I dont feel like we are making enough money.
    So lets try to get the govt to tax other businesses
    to make up for what we feel like we are not
    getting. right...

    I think this whole movie and music thing is way
    overblown.

  10. Or by Anonymous Coward · · Score: 1, Funny

    Sue
    Our
    Canadian
    Asses
    Northward

    Im sorry the coffee hasnt kicking in yet

  11. proxies by mOoZik · · Score: 2, Interesting

    Sounds good. I'll download gigabits of stuff via a Canadian proxy and see some poor bloke get screwed. ;)

  12. Something to think about.. by Anonymous Coward · · Score: 4, Insightful

    As much as the DMCA is unpopular among Slashdotters, and rightfully so, at least it gets one thing right. It establishes that the ISP isn't responsible in any way. As the article states, if the music and movie industries get their way in Canada, they could soon be responsible for the traffic through their network. I know the DMCA gets a lot of things wrong, but protecting the ISPs is one thing it actually gets right. Think about it.

    1. Re:Something to think about.. by Anonymous Coward · · Score: 1, Interesting

      Point taken. You make a good point about the DMCA, however, it protects the ISPs in exchange for giving copyright holders an unfair amount of power over anyone they claim is illegally sharing copyrighed materials. Furthermore, the biggest users of the DMCA, the RIAA and MPAA, have a collusive arrangement so there's virtually no competition and prices are extremely high. What needs to happen is to make the collusion illegal, which will encourage competition and drive prices of CDs and DVDs down. At the same time, permit the actual artists to sue for reasonable damages from those who infringe on their copyrights. The effect of all these measures is that the most common targets of piracy become more affordable, piracy is still illegal but more reasonable methods have to be followed to sue for it, and in the end, the artists don't lose as much as you think because they don't have a share of their royalties going to RIAA lawyers. The DMCA is just gay and needs to be replaced with more reasonable laws.

    2. Re:Something to think about.. by Anonymous Coward · · Score: 2, Funny
      • The DMCA is just gay ..
      As a raving faggot, I object to your use of the word 'gay' in this context.
    3. Re:Something to think about.. by Anonymous Coward · · Score: 0, Funny

      I suggest you use the word "christian" in contexts where in the past you might have used "gay". Think "christian rock music" as compared to regular rock music and you'll see what I mean. Like getting into an over-21s bar with a fake ID and then drinking only lemonade ..... "Dude, that was totally christian!"

      Since christians are supposed to turn the other cheek, they can't even complain about this use. Unlike poofters, ginger beers and those who bat for the other team.

    4. Re:Something to think about.. by meatpopcicle · · Score: 1

      If ISPs were responsible they they would be arrested as Child Pornographers, Fraud Artists, etc, etc, etc.

      They simply provide bandwidth for their customers. They should not have to police the data as well. That is for the Federal authorities to do.

      --
      "You're on my side and the dark side, like Lando Calrissian?" --Gimpy, Undergrads
    5. Re:Something to think about.. by theancient2 · · Score: 1

      Look at what they say towards the end of the article. First, they say, "ok, the ISPs are just carrying other people's content." But when the recording industry appealed:

      "The Federal Court held that the act of creating a cache of content means that ISPs are moving from their role as carrier to a role in which they actively decide what kind of content will exist on their systems. And that means, under Canadian copyright law, they should be responsible for that content."

      Two things I see wrong with this.

      1. Just because they're caching the content doesn't mean they're "actively" deciding anything. It's just a pile of bits. The ISP doesn't approve everything that goes into the cache.

      2. P2P networks don't use caching servers. The argument appears to be that just because the ISP uses caching servers, they're no longer just a carrier. That just doesn't make sense to me. (Well, it might make sense, but only in the "I don't know anything about how networks function" sort of way.)

  13. So which is it to be then, eh? by graveyardjohn · · Score: 5, Insightful

    Surely payment upfront on the assumption that people will be using their connection for legally questionable activities will help to justify the 'crime'* to people before they even sign up? "If I'm paying for it, I may as well be doing it"

    * I say crime, I mean 'copyright infringement' (or whatever - Lets not start this one again!)

    1. Re:So which is it to be then, eh? by ahodgson · · Score: 1

      I already treat the CDR tax this way.

    2. Re:So which is it to be then, eh? by ergo98 · · Score: 1

      As a Canadian, I will state this with absolute sincerity: I currently make zero use of p2p software (not that copying copyrighted songs is the only use of p2p software, but I have no other use either) and buy several CDs every couple of months (just picked up the new Sarah McLachlan and Sam Roberts CDs). However, if this absolutely ludicrous levy passes I guarantee you that I will never buy another CD again, and I will feel absolutely no moral doubts about downloading whatever I want whenever I want. Basically the music industry would be impotent to charge anyone in court because they'd already levied fees.

      This is one of those instances where SOCAN, like many who have fallen, have gotten too intoxicated on their own power. I sincerely hope this massively backlashes in their faces.

  14. Does SCO have an office in Canada by jkrise · · Score: 2, Funny

    Judging by this article, it looks like they do!

    --
    If you keep throwing chairs, one day you'll break windows....
  15. what the hell is this by Anonymous Coward · · Score: 0

    isn't like 55 bucks a month enough for internet. Geess i guess not, heres an idea... how about offering better prices on cds or offer somthing simalar to itunes or somthing.

    Hell i should start my own isp.. teach them all :)

    Then again, what about all the people who dont download music or movies.. on the net... charge them as well?

  16. Argh by Anonymous Coward · · Score: 3, Funny

    Friggin America, always trying to take away my rights! I'm moving to Canada!

    Oh wait...

    1. Re:Argh by Anonymous Coward · · Score: 0

      Move to the UK. No-one gives a shit if you download music from Kazaa, Overnet et al. It's not something they are interested in policing .. after all, overzealous traffic policing brings in a lot more revenue.

    2. Re:Argh by Anonymous Coward · · Score: 0

      Road traffic, that is.

    3. Re:Argh by TC+(WC) · · Score: 1

      To be fair, this doesn't bring in money for the government... It brings in money for the collecting group, which then hordes it and doesn't actually distribute any of it.

    4. Re:Argh by MrWa · · Score: 1

      Did you forget that Canada is in America?

  17. Tax the food companies by Anonymous Coward · · Score: 5, Insightful

    After all, the food companies keep illegal downloaders alive, so ultimately they are responsible!

    1. Re:Tax the food companies by Mhtsos · · Score: 1

      I'm sure someone, someware is thinking "It's all the US goverment's fault for creating ARPAnet in the first place. Let's sue them!" and another goes "What? Companies still make cables and modems! Set the lawyers on them!"

    2. Re:Tax the food companies by rock_climbing_guy · · Score: 1
      All right that's it; I live in Honolulu, it's 12:40 am; I think that I can get to Dole's farm by 2:00 am. I'm going to snag some pineapples, because obviously, since they are helping thieves sustain themselves, it's okay for me to be ripping them off. However, someone told me that there is a $500 fine for stealing agricultural products, so I think I might want to keep a low profile.

      Oh shit, I forgot to click "Post Anonymously"

      END SARCASM

      --
      Wh47 d1d j00 541, 31337 15n't t3h r0xor5 ne m0r3???
    3. Re:Tax the food companies by Reziac · · Score: 1

      Lordy, better not let Dole know that I'm growing a pineapple in my back garden... see, you just take the top off a fresh pineapple, peel off the bottom few leaves, and stick it in the ground, and -- shit, now I'm gonna get it for reverse-engineering too!!

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    4. Re:Tax the food companies by Fjord · · Score: 1

      If they are going to fine you $500 for stealing the pineapples, they should just allow you to take the pineapples.

      --
      -no broken link
    5. Re:Tax the food companies by zCyl · · Score: 1

      What about those poor people in the mortuary business? Those poor starving funeral workers are really taking the blunt end of that irresponsible food industry. It just keeps feeding people, over and over, without any consideration of lost profits for what would otherwise be funerals. Clearly any reasoning person would favor a royalty tax on the food industry which would directly compensate funeral workers.

    6. Re:Tax the food companies by fwaggle · · Score: 1
      You'd be surprised as this is actually how the world works. Like how your parents are blamed for whatever shit you do before you're 18 (16 in some places), because blaming you won't do any good. Can you really jail a 10 year old for breaking your window or owing you money for whatever else? Not until 2010.

      Now, all that's left is for everyone to be jailed imminently after they're born, unless they can prove they're god's messenger and won't ever do anything wrong.

    7. Re:Tax the food companies by prefect47 · · Score: 1

      And all of the prisoners should work to produce goods for society outside. But since everyone's a prisoner, we might as well hook them up and extract energy directly from... ...aha! The REAL reason for the Matrix! :)

  18. So, as an artist... by BeneathTheVeil · · Score: 5, Insightful

    ...who would never sign with a 'major' label (or even a really large indie one)... when is my cheque coming? ...and how much do I get?

    I make a good portion of my music freely downloabable from my site... and if they're going to tax people for downloading my music, then I should see that money, shouldn't I?

    1. Re:So, as an artist... by TC+(WC) · · Score: 1

      The great part of the existing CD levy is that it only goes to Canadian artists, IIRC.

      Of course, since (at least last time I checked, which was quite a while ago) they've never actually gotten around to distributing any money to any artists, the independent artists are getting an equal cut. If it worked properly, I'm pretty sure I've read about provisions that allow any Canadian artist to apply to get their portion of the money.

      This post is, like most on Slashdot, mainly coming out of my ass. I haven't actually read up on the money distribution part of this in a couple of years.

    2. Re:So, as an artist... by Vintermann · · Score: 1

      No, that's the nice part, you won't. Compare it to the copying machines here at my school. I have to pay kopinor for every copy i make, which means that when I print out Programming from the ground up the jerks who get rich by writing bad school books get richer, when Jonathan Bartlett won't see a dime. Mandatory licensing is a very effective way to get rid of these pesky independent competitors.

      --
      xkcd is not in the sudoers file. This incident will be reported.
    3. Re:So, as an artist... by JonMartin · · Score: 1
      The great part of the existing CD levy is that it only goes to Canadian artists, IIRC.

      No, it doesn't. It goes to the Canadian equivalent of the RIAA which plans to distribute it according to CD sales. Regardless of the nationality of the artist. A lot of money will be flowing out of Canada (when the money eventually gets flowing).

      --
      Serve Gonk.
    4. Re:So, as an artist... by incom · · Score: 1

      Then if this ever comes to pass you could probably take it to the supreme court because it's unconstitutional. You could probably do the same thing right now with the cd sales levy, but ofcoarse they can get away with it because indy artists can't afford lawyers like big industry can.

      --
      True genius is grasping a situation like a peice of fruit, and peircing it just right so that it drains dry.
    5. Re:So, as an artist... by Anonymous Coward · · Score: 0

      The millions of dollars that they have collected from current "levys" has never gone to any artist anywhere. They have used all of the money to lobby the government to impose larger levys. Nice system.

    6. Re:So, as an artist... by Ben+Hutchings · · Score: 1

      I would have thought most of the levy got spent on administrative costs, i.e. paying nice large salaries to some carefully selected people.

    7. Re:So, as an artist... by TC+(WC) · · Score: 1

      I stand corrected... This way is actually better in my view, even though it sends money out of the country, as the Canadian artist only method I thought they used seemed idiotically unfiar.

      Thanks

    8. Re:So, as an artist... by TC+(WC) · · Score: 1

      That's what I thought too, but I went to check things out, and apparantly, circa Feb. 2003, $6.8 million of the $28 million they'd collected had been distributed ... It's still pathetic, but it's better than nothing. The way the percentages for distribution of funds *seem* to work, at least some of that money had to go to artists and/or performers.

    9. Re:So, as an artist... by JonMartin · · Score: 1
      This way is actually better in my view, even though it sends money out of the country, as the Canadian artist only method I thought they used seemed idiotically unfiar.

      The problem is the industry sales pitch to get the CD-R levy was "Help protect Canadian culture." If they hadn't played the American cultural imperialism card we probably wouldn't have the levy. And now that their foot is in the door they can push stuff like this ISP tax.

      --
      Serve Gonk.
  19. Blame Canada by Hodr · · Score: 1, Interesting

    Im not trying to make a bid for Ethnocentrist of the decade, but do the Canadian musicians and movie industry people really believe their properties make up that large of a percentage of what is being downloaded?

    I mean, correct me if I am out of line here, but doesn't the US version of MTV, which isn't shown on any "legal" cable or satellite provider in Canada get multiple times the number of viewers of the various Canadian music television programs (I.E. Much Music)

    1. Re:Blame Canada by rizawbone · · Score: 1

      we have mtv canada.

    2. Re:Blame Canada by Hodr · · Score: 1

      Thats Why I clearly specified the US version of MTV, ala DirectTV.....

    3. Re:Blame Canada by rizawbone · · Score: 1

      yes, and mtv canada is avilable on every major canadian digital cable/sattelite network, and has all the same shows (minus trl), negating the need to watch american mtv.

    4. Re:Blame Canada by TC+(WC) · · Score: 1
      I mean, correct me if I am out of line here, but doesn't the US version of MTV, which isn't shown on any "legal" cable or satellite provider in Canada get multiple times the number of viewers of the various Canadian music television programs (I.E. Much Music)


      Eh, I doubt it... I know all sorts of annoying people that watch muchmusic... I don't think I've seen even a speck of MTV anywhere around here since they stopped including the french version in Vancouver cable subscriptions a half dozen years ago. I, being a normal egotistical person, conclude that my experiences obviously scale up to the rest of the country.
    5. Re:Blame Canada by GandXYZ · · Score: 1
      From their page :
      SOCAN is the Canadian copyright collective for the public performance of musical works. We administer the performing rights of our members (composers, lyricists, songwriters and their publishers) and those of affiliated international societies by licensing the use of their music in Canada.

      Which basically means that if you pay them other organisations like, for instance, RIAA takes their share.
    6. Re:Blame Canada by Hodr · · Score: 1

      Ok, let me put it another way. Last time I visited Toronto I heard a hell of alot more Eminem and Tupac than Len ;)

    7. Re:Blame Canada by Hodr · · Score: 1

      It appears that despite clarification my jabs at Canadian culture were completely misunderstood.

      So I will spell them out.

      I was saying that by watching MTV (even MTV Canada, or the French MTV) that you are still watching American based programming.

      I was also making a passing remark about the number of people who own illegal sattelite dishes that only receive American programming.

      Please don't reply telling me how awesome MTV Canada is, or Much Music, I don't honestly care for music telivision of any sort.

    8. Re:Blame Canada by twilight30 · · Score: 1

      Your latter point: Is wrong.

      MTV US is on satellite, usually DirecTV systems configured / pirated with zipcodes for the US. This is not surprising considering that 85% of the Canadian population lives within 200 miles of the US border. A lot of people have satellite dishes in Canada. (My father has one, for instance)

      However, MuchMusic is on cable as a basic channel. Meaning if you get cable, you get MuchMusic. Canada is one of the most-cabled countries on Earth, if not *the* most, at something like 96, 97%. Which means that just about everyone gets Much.

      As to your first point, how does downloading music relate to watching music videos on TV? I can't see the link.

      --
      ========================================
      Death will come, and will have your eyes
      -- Pavese
    9. Re:Blame Canada by Hodr · · Score: 1

      I would Mod your reply up if I had any points because I believe you just outlined exactly where this idea came from...

    10. Re:Blame Canada by Hodr · · Score: 0, Flamebait

      Well, I was speaking about viewership not accessability (I have the travel channel, speed network, boom, etc. etc. and have never once watched them...)

      But as to the link between the viewing of American programming on telivision to the choice of what type of programming is downloaded online... If I have to make the connection for you then you must be more like the "Canadians" of South Park than I had believed possible.

    11. Re:Blame Canada by TC+(WC) · · Score: 1

      Eeew.... Toronto :)

    12. Re:Blame Canada by floydigus · · Score: 2, Funny

      Speaking as a non-Canadian, they should pay me for having to endure that Celine fucking Dion at all hours of the day and night.

      --

      All things in moderation; including moderation

    13. Re:Blame Canada by pacodease · · Score: 2, Funny

      Speaking as a Canadian, I apologise for inflicting both Celine Dion and Brian Adams on the world. Now, don't you have something to say about the Backstreet Boys and Barbra Streisand?

    14. Re:Blame Canada by twilight30 · · Score: 1

      Let me spell it out for you then, since you don't appear to understand what I wrote:

      You have to *receive* the channels in the first place in order to decide whether or not you want to watch the shows, right? If you don't receive the channels, you can't be said to watch their shows. More people in Canada receive MuchMusic than MTV US, by probably a factor of 2, if not more.

      As to your second point, congratulations. Learn to spell before casting insults. But I digress. Watching a music channel does not mean you are going to be programmed into downloading that music on MP3 services. It might make it more likely, because of more exposure to the product. Since you claim to have this connection down pat, how much greater is the probability?

      --
      ========================================
      Death will come, and will have your eyes
      -- Pavese
    15. Re:Blame Canada by Thomas+Miconi · · Score: 1

      Im not trying to make a bid for Ethnocentrist of the decade, but do the Canadian musicians and movie industry people really believe their properties make up that large of a percentage of what is being downloaded?

      *So* *Fscking* *What* ?

      Canadian people download. They pay a small tax for downloading. This money is redistributed to Canadian artists. This means that Joni Mitchell and Lynda Lemay get money from Britney downloads. So damn what ?

      Hell, the French do the same with movies. A small tax is levied on each ticket, and the money is given back to French film companies (usually small, independant companies). Since foreign (read: US) movies represent 30 to 60% of entries at any given time, this is an indirect form of mild protectionism as well as a way to support local cultural/entertainment industries (what the French call "culture" often corresponds to what Americans would call "entertainment").

      Now you free-trade fundamentalists may bitch at that, whining how it "prevents competition" and "lowers standards" blah blah blah. I'll hear that kind of stuff the day I see more than 2% foreign movies in the US film distribution circuit, which happens to be the most recklessly protectionist oligopoly in the western world ("Americans don't like foreign movies" - yeah, right. Oh, guess who owns most theatres in the US, directly or not ? What ? US studios ? Man, I'm shocked !)

      Don't get me wrong, I don't have anything against American movies/singers in general (I just have too much US-made stuff on my hard drive) , I just fail to see what's wrong with trying to limit the potentially destructive tendencies of market economies.

      In a completely free market, distributors will simply shun anything that looks risky or even not profitable enough, and gladly cling to "sure bets" and reliably profitable things. This is how the Italian movie industry simply died out in a single decade (admittedly, they received significant help from the man who recently bought up the whole country and became prime minister thanks to his media empire). Since Arnold Schwarzenneger's films make more money that Fellini's or Visconti's (or their successors), without any correction, the former will simply suffocate the latter till they eventually go down the drain. Which they did !

      Same thing goes with music. Canadians who can make it big on the worldwide scene will go to America anyway (e.g. C-e-accent-aigu-line Dion). So why not take a few bucks from Christina Aguilera to help Diane Tell finish her next album ?

      Thomas Miconi

    16. Re:Blame Canada by floydigus · · Score: 1

      PayPal me.

      --

      All things in moderation; including moderation

    17. Re:Blame Canada by rizawbone · · Score: 1

      i didn't realize that the fact that canadians watch/listen to a lot of american based media was suprising. it's noted, spelt out, and dealt with, even on a government level.

      is that your point? that canadians consume american music and movies, and therefore SOCANN and its analouges should back off since most piracy does not relate to them?

      you do realize that cds from international artists are dealt with on at least a SOCANN aligned distributor, if not a label?

      as far as movies go, a large chunk of big budget/popular movies/television shows are filmed in canada, with canadian actors/crews that need to be payed, as well as various other country-specific costs i touched on before when talking about cds. (did i just reach my slash limit?)

      so yes, to your original question, "Canadian musicians and movie industry people really believe their properties make up that large of a percentage of what is being downloaded", and rightly so.

      always happy to help the ignorant. i await your snarky reply.

    18. Re:Blame Canada by Anonymous Coward · · Score: 0

      I think what concerns us are um...'artists?' like Avril Lavine and Celline Dion getting paid at all. Ever.

      At least with Britney if you mute the TV there is some content, many like myself consider it enhanced.

      Re: Boy bands. Sorry our bad.

    19. Re:Blame Canada by Scrameustache · · Score: 4, Funny

      Speaking as a non-Canadian, they should pay me for having to endure that Celine fucking Dion at all hours of the day and night.

      Hey, we had to endure her singing for YEARS before we finally convinced her to move away. She's your problem now...
      ;-)

      --

      You can't take the sky from me...

    20. Re:Blame Canada by IWorkForMorons · · Score: 1

      Eeew.... Len

    21. Re:Blame Canada by JediTrainer · · Score: 1

      I mean, correct me if I am out of line here, but doesn't the US version of MTV, which isn't shown on any "legal" cable or satellite provider in Canada get multiple times the number of viewers of the various Canadian music television programs (I.E. Much Music)

      No. We all listen to Ann Murray and Celine Dion exclusively.

      The occasional brave ones listen to The Tragically Hip. That's about it. We're not interested in your crummy MTV with its formula music.

      --

      You can accomplish anything you set your mind to. The impossible just takes a little longer.
    22. Re:Blame Canada by Anonymous Coward · · Score: 0

      No, not even close. MTV is available via cable and legal sattelite. However, Much Music gets something in the order of 8 or 9 times the viewers.

    23. Re:Blame Canada by JonKatzIsAnIdiot · · Score: 2, Insightful

      Why? Because last time I checked, theft was both illegal and immoral. Taking money from someone without giving them a choice in the matter is theft, no matter how good of a cause you dress it in. If you don't believe me, I hereby demand that you send me $50, which I will immediately send to an African food relief agency. They need that $50 more that you.

      Why people try to defend the subsidy one person's entertainment at the expense of another is beyond my comprehension. If Joni Mitchell and Lynda Lemay want some of my money, they can write music that appleals to me. If I choose not to support them by buying a CD, why should I be compelled, through the threat of force, to subsidise them?

      The CRTC, music and movie subsidies have ruined it for Canadian artists. They replace the will of the media-buying public with the opinion of a beaurocrat in Ottawa. If they produced material that people wanted to buy, it would sell, Now instead of creating material for consumers, they have to create material that appleals to the CRTC, the CBC, or whatever Heritage $ Culture board hands out cash.

      It boils down to a couple of simple questions: why should I be coerced into supporting entertainment that I don't care for? What gives the CRTC, the government, or YOU the right to decide how to spend MY money?

    24. Re:Blame Canada by slagish666 · · Score: 1
      Hey, we had to endure her singing for YEARS before we finally convinced her to move away. She's your problem now... ;-)

      ...but please send back Neil Young. We'll trade you Avril for him!

      --
      "Consider the lillies of the goddamn field."
    25. Re:Blame Canada by Hodr · · Score: 1

      This subject seems to have already been put to rest, but since you asked so politely, here is your snarky reply.

      Crew get paid via established guidlines. This is independant of how much money the film does or does not make. So if I pay (or not) to watch a big budget Hollywood movie that is made in Canada, with Canadian grips, set designers, "extras", etc. it makes no difference to these people because they have no stake in the actual profitability of the film.

      And if a film is done in Canada, with an all Canadian crew, and the main actors (who may profit share from the film) are also Canadian, then I would venture that this is not a US property, and as such is not what we are discussing.

      But, as I said earlier, this argument has already been rendured moot by a previous reply to the parent post that explained how this agency also collects money on behalf of its foreign interests (I.E. the RIAA / MPAA)

    26. Re:Blame Canada by Strioa · · Score: 1
      To say that the CRTC and the various grant programs in Canada have ruined it for Canadian artists is such right wing bullshit that it blows my mind.

      I'm not a fan of the CRTC, but the will of the media buying public dosen't matter for shit when the HUGE US music and movie conglomerates litteraly DUMP theit products on our shelves.

      I'm sorry but the reason that those US products get so much more market share is because of the huge advertising and distributing budget. They make deals with distribution channels (TV, radio Movie theaters, Music stores) bo that they buy the bulk of the shelves, air time, and theatres. Because of that, independent and local products sell less, so they have less money for distribution, so they can't get enough shelf space so they sell less.

      The local end of the distribution chains bitch and moan that those US product are what the public wants, when in fact, those are the only product they get to see in the first place.

      Add that to the fact that the advertising budgets of a hollywood movie is bigger that the entire budget of a Canadian film, you'll see that it dosen't have anything to do with the relative merits of the product itself. It boils down to one thing: If you don't know it exists, you can't really buy it now can you?

      That's not even considering the agressive and overwhelming ad campaings. You see that the will of the public dosen't have anything to do with the sales number. I don't think enough people realise that Celine Dion became a star by imitating american marketing strategies

      It's true that the CRTC itself has a political goal and it sucks. But the whole entertainment industry in the US has a blatant propaganda function. I mean, you expect that from a governement agency like the CRTC so you can prepare for it. But from an industry that names itself "entertainement", it's a bitch to get a forced lecture on supposed american "values" and "way of life" when you don't even live there. (Insert joke about Canada being part of the US here)

      All that the CRTC is doing, in this particular case, is trying to level the playing field.

      At least, here in Montreal, there this language thing, so by accident there is more of a local market than in the rest of Canada (or at least that's what I heard from some guy in Toronto)

      But if it wasn't for those CRTC Quotas, there wouldn't be a Canadian entertainement industry. Not because we can't produce anything worth buying, but because it would have been quite easily suffocated.

      If you think that people buy American products more because they are just better, as your post seems to indicate, your an idiot.

      And anybody that thinks that anything I said means that I think nothing good comes out of the US, then they're even bigger idiots

      Strioa

    27. Re:Blame Canada by JonKatzIsAnIdiot · · Score: 1

      "To say that the CRTC and the various grant programs in Canada have ruined it for Canadian artists is such right wing bullshit that it blows my mind."
      My response to that would be a suggestion to open your mind and think about new ideas rather than labelling them.

      You characterize the Canadian consumer as a helpless, mindless victim whose opinion and purchasing decisions are determined soley by marketing campains. Sorry, but I don't know anyone like that. If a certain peice of work sucks, people say so, despite the marketing muscle behind it.

      "The local end of the distribution chains bitch and moan that those US product are what the public wants, when in fact, those are the only product they get to see in the first place."
      This is an outright falsehood. I see Canadian movies on the shelves at my local video store and at the electronic retailers in my area. Know what? They stay there. The stores will stock what sells. Bottom line.

      That leads me to my next challenge for you, since you convieniently ignored my last one. If what you say is true, there should be a huge pent-up demand for Canadian movies and music. Open up a video store that only stocks Canadian flicks and CBC specials. Let me know how you do.

      "You see that the will of the public dosen't have anything to do with the sales number. I don't think enough people realise that Celine Dion became a star by imitating american marketing strategies"
      But the will of the public is better gauged through sales numbers than anything else, especially than the opinion of a government beaurocrat. That's why it is tracked so closely. You obviously don't like Celine Dion's music, but I've got about a million people who would disagree with you. They've already expressed their opinion by buying one of her CD's. And you know what? It's music. Their opinion is just as valid as yours. The opinion of all the people who bought Britney and NSync is just as valid as those who bought Rolling Stones and the Beatles. There's no acounting for taste, yours, mine or anyone else's. (specially those Beatles people)

      "But if it wasn't for those CRTC Quotas, there wouldn't be a Canadian entertainement industry"
      You're partially right. If the CRTC was dissolved (I'm getting goosebumps here) the Canadian entertainment industry as we know it would disappear. But it would be quickly replaced with one that existed to serve the will of its' customers. As long as people want entertainment, and other people want to provide entertaiment, there'll be an entertainment industry. Unlike you, I believe that Canadian artists are fully capable of producing quality material that satifies customer demand, without needing outside help. Our current problem is that government money has created a cycle of dependance that is incredibly difficult to break.

      "If you think that people buy American products more because they are just better, as your post seems to indicate, your an idiot."
      No, my point is that people buy products they like, no matter where they come from. And nobody - not me, not you, and certainly not the government - has any right to interfere with that process.

    28. Re:Blame Canada by rizawbone · · Score: 1

      awesome! always glad to help the uninformed.

  20. Horrible idea, but... by Micah · · Score: 4, Insightful

    If our Internet bill helped to fund the music industry, I would suddenly have an attitude that I can copy and download music freely without restriction.

    Currently I believe that it is important to respect the owner's copyright and that music should be payed for, if the artists ask for payment.

    1. Re:Horrible idea, but... by TC+(WC) · · Score: 1
      If our Internet bill helped to fund the music industry, I would suddenly have an attitude that I can copy and download music freely without restriction.


      Why wouldn't you be able to? That's pretty much the music industry's point...

      We already have legislation that lets us copy pretty much any musical work we want for our personal use. They're looking for compensation, because of this. If this were to go through, Canadians would probably get a clairified law, too, that direcly addresses copying music in the context of the internet.
    2. Re:Horrible idea, but... by Adm1n · · Score: 1

      Creative Commons liscences will be more common, espically regarding copyright here in canada.

    3. Re:Horrible idea, but... by Neurotoxic666 · · Score: 0

      If you could only imagine how many nebulous and unknown artists I've known juste because I downloaded their songs from the net... Then they made shows here, and I went to see them. Otherwise, they'd still be in their oversea garage playing for themselves.

      THAT helps artists. Free advertisement. The artists are screwed the moment they sign with a label that rips them of their cash. That's when. It's not when I download their songs.

      --
      You are more than the sum of what you consume. Desire is not an occupation.
  21. Harder to sue end-users ? by Aigantighe · · Score: 1

    If this proposal was to be enacted, I'd be curious to see whether it hampers efforts by SOCAN to then sue or harass file swappers. By forcing royalties from the ISPs, they're effectively saying 'Yes, we know our content gets swapped on this channel, and we're taking our share', and lending it an air of legitimacy. Presumably, that's not the intent, though, and they want to extract royalties and continue to persecute the end user by other means.

    Regardless, that could be an interesting development.

  22. Succint reply by ObviousGuy · · Score: 1

    Fuck You.

    --
    I have been pwned because my /. password was too easy to guess.
    1. Re:Succint reply by Anonymous Coward · · Score: 0

      I think you should apologise for your rudeness. This is Slashdot, not the navy.

  23. we already pay through the nose for cd-r's by Barbarian · · Score: 4, Informative

    We already pay $0.25 per cd-r, "they" want to increase it to around $0.59. As an example, that would increase the take by the music industry of a 30 pack of cd-r's to $17.70, from $7.50, an increase of $10.20. I for one find it offensive that the recording industry is charging me for the right to back up my own, non-musical data, and I doubt that any of the levies collected are rightfully distributed to pornstars that most /. readers have stored in the way of movies on cd-r's. Large per GB levies have also been proposed for portable players, and if I recall correctly, if implemented, the levy on an iPod would be around $200.

    There has been a lot of opposition to the proposed $0.59 levy lately, spearheaded by large retailers, so the music industry has turned elsewhere, and that is to ISP's.

    1. Re:we already pay through the nose for cd-r's by Neo-Rio-101 · · Score: 1
      It's one thing to pay a premium for CD-Rs....

      ....but how does the iPod and other hard disk based media players fit into that scheme of things? Unless they too get slugged with a premium....

      --
      READY.
      PRINT ""+-0
    2. Re:we already pay through the nose for cd-r's by BrainInAJar · · Score: 1

      I have a couple friends who are sound engineers...

      They go through a 100 spindle of CD's a week, easily. The increased CD tax would seriously hurt their business... This is dumb, I thought canada was smarter than this

    3. Re:we already pay through the nose for cd-r's by 16K+Ram+Pack · · Score: 1
      Is this for those marked as "music CD-Rs"?

      There's a levy in the UK on these, but not on normal blanks.

    4. Re:we already pay through the nose for cd-r's by Anonymous Coward · · Score: 0

      Due to the nature of their job, they can be exempt from CD levies.

    5. Re:we already pay through the nose for cd-r's by Barbarian · · Score: 1
      It's more for "music CD-R"'s.

      Proposed tariffs (currently held up):

      3. (1) Subject to subsection (2), the levy shall be
      (a) 60c for each audio cassette of 40 minutes or more in length;
      (b) 59c for each CD-R, CD-RW or each unit of any other type
      of recordable or rewritable compact disc of 100 megabytes or
      more of storage capacity;
      (c) $1.23 for each CD-R Audio, CD-RW Audio or MiniDisc;
      (d) 0.8c for each megabyte of memory in each removable electronic
      memory card, each removable flash memory storage
      medium of any type, or each removable micro-hard drive;
      (e) $2.27 for each DVD-R, DVD-RW, DVD+RW, DVD-RAM
      or each unit of any other type of recordable or rewritable DVD;
      (f) 2.1c for each megabyte of memory in each non-removable
      electronic memory card or each non-removable flash memory
      storage medium of any type incorporated into each MP3 player
      or into each similar device with internal electronic or flash
      memory that is intended for use primarily to record and play
      music;
      (g) $21 for each gigabyte of memory in each non-removable
      hard drive incorporated into each MP3 player or into each similar
      device with an internal hard drive that is intended for use
      primarily to record and play music.


      Present tarrifs (held over from 2001):

      3. (1) Subject to subsection (2), the levy shall be
      (a) 29 for each audio cassette of 40 minutes or more in length;
      (b) 21 for each CD-R or CD-RW;
      (c) 77 for each CD-R Audio, CD-RW Audio or MiniDisc.


    6. Re:we already pay through the nose for cd-r's by Teddy+Beartuzzi · · Score: 1

      Hopefully, the large retailers will just pass their lawyers on to the ISP's. I buy all my cd blanks in the US just to get around these damn levies. Always declare it at the border, never had to pay any duty yet.

    7. Re:we already pay through the nose for cd-r's by Anonymous Coward · · Score: 0

      "We already pay $0.25 per cd-r, "they" want to increase it to around $0.59"
      so what your saying is when i buy cds for 30*c each 25*c goes to tax? oh for the land of the 5*c cd!

      i have never noticed a tax. here buy cds for 33cents each here

      oh sorry 34 cents

      they wont do this were not americans. if they make a tax it will be small and unoticable same as the cd tax.

    8. Re:we already pay through the nose for cd-r's by axxackall · · Score: 1
      if you don't like to pay music royalties on CDRs you use to backup your non-musical data, then why don't you go to the court and try to sue your money back? Besides, if you feel offensive, you may include to your claim a couple of millions just for a moral compensation :)

      And if many of us will do it then we might be able to make a class action case. But if we will continue buy CDRs with music royalties included and do nothing about it - then we should not compain when next royalty will cover the coper wire potentially used to connect to ISP to download music, the wall we use to keep the phone jack, and even the electricity we buy to feed our computers while they download music gigs.

      --

      Less is more !
    9. Re:we already pay through the nose for cd-r's by Lord+Kano · · Score: 1

      We already pay $0.25 per cd-r, "they" want to increase it to around $0.59. As an example, that would increase the take by the music industry of a 30 pack of cd-r's to $17.70, from $7.50, an increase of $10.20.

      I could make a mint smuggling CDRs into Canada. Even at half of the cost of their legal Canadian counterparts, I'd easily triple my money on each trip.

      This is better than Cocaine! I have an SUV with plenty of room for hauling generic spindles. Who's with me?

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    10. Re:we already pay through the nose for cd-r's by digid · · Score: 1

      Can someone please tell the ignorant people that are being duped by whoever built this system that you can make an audio cd with a CD-R that is not labled CD-R Audio. I didn't even know that the wool was being pulled over so many peoples eyes until I was helping my friends dad with his computer and we needed to burn some data. I asked him for a blank cd and he said that all he had left were "CD-R Audio" and that he would go buy some "CD-R data" Are the CD-R companies labling seperatly on purpose or what? What are they trying to pull?

      Also it's robbery for an $820 tariff on a 40gb IPOD.

    11. Re:we already pay through the nose for cd-r's by iantri · · Score: 1

      Well, I know you were joking but there actually is a loophole for Canadians -- we can buy outside the country (i.e. from the US) and we do NOT have to pay the levy.

    12. Re:we already pay through the nose for cd-r's by Ambivalent_Guy · · Score: 1

      You are wrong, we don't may that much. It is only 5Cents on normal CD-R and CD-RW, and 60.8 cents on those that are labelled AUDIO. Read it for yourself Copyright Board's Decision Private Copying 1999-2000

    13. Re:we already pay through the nose for cd-r's by yerricde · · Score: 1

      Are the CD-R companies labling seperatly on purpose or what? What are they trying to pull?

      CD recorders designed to be connected to stereo systems require CD-R Audio or CD-RW Audio media.

      --
      Will I retire or break 10K?
    14. Re:we already pay through the nose for cd-r's by Fulcrum+of+Evil · · Score: 1

      They go through a 100 spindle of CD's a week, easily. The increased CD tax would seriously hurt their business... This is dumb, I thought canada was smarter than this

      That's what, $30? How is $30/week going to affect their business?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    15. Re:we already pay through the nose for cd-r's by Anonymous Coward · · Score: 0

      The levy is imposed at the distributor level. It won't appear on a sales receipt.

    16. Re:we already pay through the nose for cd-r's by Nohbi · · Score: 1

      Where I'm at (Vancouver) there has always been a way around this. In the summer open air night markets are held in various places around the city. You can usually get a spindle of CD-Rs for very cheap with no tax or levy imposed by the vendors. However, because these, often, come from questionable sources it's all buyer beware.

    17. Re:we already pay through the nose for cd-r's by jjhlk · · Score: 1

      You wouln't have to smuggle them. They won't be taxed at the border. (unless I'm ignorant of international business)

    18. Re:we already pay through the nose for cd-r's by Anonymous Coward · · Score: 0

      Sue in small claims court for a small amount, smaller than their legal fees. Make it cheaper for them to settle than to defend. May not work in this case, but it worked with spammers in a number of places. I am seriously considering this.

  24. Bzzzzt! by heironymouscoward · · Score: 0, Offtopic

    "WRONG ANSWER!"

    "SOCAN" is not a representative of the Entertainment Industry, all such organizations must have acronyms ending in "A" or "AA".

    "SOCAN" is most likely a Canadian organization, possibly standing for "So Canada, SO CANADA,..."

    "Next question: what does SHALSHODT stand for?"

    --
    Ceci n'est pas une signature
    1. Re:Bzzzzt! by Anonymous Coward · · Score: 0

      your a fuckin idiot...

    2. Re:Bzzzzt! by Anonymous Coward · · Score: 0

      He's probably Canadian, what do you expect?

  25. note on exchange rate by Barbarian · · Score: 1

    1 canadian dollar = 0.76 US dollars, so no smart comments on how were are only paying pennies in US dollars, please.

  26. Riiiiight by JazFresh · · Score: 2, Insightful
    Although those groups are prompted to seek new sources of revenue because of what they say are illegal downloads of copyrighted content, SOCAN is asking ISPs to pay a blanket annual royalty regardless of whether the ISP is transmitting legal or illegally downloaded music.
    This might have a chance if it was possible for ISPs to detect illegal traffic. But it's not. With the latest P2P protocols you can't use the port number to detect that type of traffic, and if the transmission in encrypted, you can't sniff the data to see why type of traffic it is.

    It seems the SOCAN technical advisor only seems to know about downloading illegal content from web pages. Let's hope the courts have access to someone slightly more savvy.

    I'm totally against piracy of any sort, so it makes me mad when they'd tax me (because you know the ISPs would just pass the costs onto the users) for something I didn't do! This is just the same as those damned proposed taxes on CDRs and HDDs, because they "might" be used for piracy.

    Verdict: not a chance in hell, if common sense prevails. If ISPs inform their users that costs will go up because SOCAN considers them all criminals, there'll be enough of an outcry to squash it.

    1. Re:Riiiiight by SmallFurryCreature · · Score: 1
      Yeah, sure. Like the public outcry over the tax on cd-r and dvd recordables. It is imposed in several countries and nobody spoke up about execept some geeks.

      Sheep don't protest.

      --

      MMO Quests are like orgasms:

      You may solo them, I prefer them in a group.

  27. I'm Canadian & online through my university's by Anonymous Coward · · Score: 0

    Just come and get me, buttwipes.

  28. Blanket tax? *puts gun to head* by Denyer · · Score: 2, Interesting
    First, why should all internet traffic be taxed for something a portion of customers do? Expect business costs in particular to soar. Yes, I know that similar can be said of CD-Rs... but you don't use CD-Rs for essential communications, to perform transactions, or to maintain a shop front.

    As far as taxing at the ISP level goes... why should a file marked "madonna" be assumed to be an MP3 of a particular singer. It could be any number of things.

    --
    Ph-nglui mglw'nafh Gates M'dna wgah'nagl fhtagn.
    1. Re:Blanket tax? *puts gun to head* by innocent_white_lamb · · Score: 1

      Expect business costs in particular to soar. Yes, I know that similar can be said of CD-Rs... but you don't use CD-Rs for essential communications, to perform transactions, or to maintain a shop front.

      Many of the folks on Slashdot go through mounds/heaps/piles of CDR's for business purposes. Backups for client and business-related systems, software distribution to clients, what-have-you.

      --
      If you're a zombie and you know it, bite your friend!
    2. Re:Blanket tax? *puts gun to head* by codemachine · · Score: 1

      I think any net traffic statistics will tell you that a very high percentage of the internet's traffic is Kazaa. On some networks, there is more Kazaa traffic than web traffic. Taxing all internet traffic on the basis that somewhere near half of it is copyrighted material isn't so far out there. Many broadband ISPs costs are more related to the amount of traffic in the network than the number of users online, so saying that the majority of the users don't infringe (which may not be true anyhow) probably won't be a valid argument to the recording industry. They'll want to tax the ISPs who arguably are making a profit off of illegal copying, and the ISPs will want to distribute this cost to the users.

      Maybe you'll see a tiered services where if you use a certain amount of bandwidth, you pay more. More of the tax could get offloaded to the home users who use the most bandwidth (and therefore already cost their ISP more money).

      Since I'm a high bandwidth user and the traffic is not Kazaa, I'm not too thrilled about this possibility. But if the internet does becomes taxed, I'd might as well fire up my gift daemon and get some songs.

    3. Re:Blanket tax? *puts gun to head* by Denyer · · Score: 1
      Oh, I'd certainly feel free to download any and all pop tracks I've thus far mostly ignored, and continue to separately support the smaller, less well-known artists I have an interest in. After all, they wouldn't make anything off this arrangement. You already see this in the way radio play royalties are distributed within companies...

      Incidentally, how does the Canadian CDR levy work with regard to artists who have no label representation in Canada?

      --
      Ph-nglui mglw'nafh Gates M'dna wgah'nagl fhtagn.
    4. Re:Blanket tax? *puts gun to head* by Aldric · · Score: 1

      Yes... If I was being taxed for downloading music based on high bandwidth I think I would create high traffic then challenge it in court. And for the bandwidth, what better than infecting my machine with a DDoS zombie for attacking the music industry?

  29. As a Canadian resident ... by Tripster · · Score: 5, Interesting

    ... I feel like freakin' moving!

    This is the first I'd heard SOCAN had gotten this far and quite frankly I'm pissed. I don't even have a P2P app installed in my computer, my MP3 collection consists solely of my own CD collection and is in that format for ease of access.

    What's next? Royalties on showerheads, shower curtains and bathtubs in case we happen to mumble out a tune while showering?

    The problem with our Supreme Court is they'll likely side with SOCAN and we'll end up paying. This is the same court who sided with our domestic DTH satellite providers and outright made it illegal to subscribe to US services in our country, yup for years we did our darndest to broadcast signals behind the iron curtain but when it comes to protecting a few broadcasting monopolies it's ok to ban foreign signals.

    Shit we don't get to vote for a new government until next spring but the media have all pretty much named the new PM who is just the guy taking over from the retiring PM, lucky for us in the rest of the country it only takes Ontario and Quebec to vote in the same idiots time after time, the new guy is very pro big business, heck in his private career he made an effort to get around Canadian tax laws by using ships registerd at foreign ports, just the guy to put in charge!

    1. Re:As a Canadian resident ... by Threni · · Score: 2, Funny

      >What's next? Royalties on showerheads, shower curtains and bathtubs in case we
      > happen to mumble out a tune while showering?

      Heh - you're a `Tom the dancing bug` fan too, eh?

      http://images.salon.com/comics/boll/2000/08/24/b ol l/story.gif

    2. Re:As a Canadian resident ... by mcknation · · Score: 1

      I'll tell you what. You can move down here and deal with DMCA the **AA's the FBI and CIA and all the other alphabet soup...in my house and i'll take your house in Canada.

      McK

    3. Re:As a Canadian resident ... by big_groo · · Score: 2, Informative
      I'm not so sure the Supreme Court will agree to this. Satellite is different: remember we have something in CAnAdA called the CRTC. The issue with the sat. providers was that the US companies don't broadcast 'Canadian Content'. Something like 20% (or more...I used to work at a radio station and used to pull Luba and Corey Hart all the time and get in sh*t for violating Can-Con requirements) has to be Can-Con.

      Plus, the major ISP (Bell) actually has to get *permission* from the CRTC to raise rates. Let me tell you, they're not about to give money to *anyone*.

      It will be interesting to watch though...

    4. Re:As a Canadian resident ... by schon · · Score: 1

      This is the same court who sided with our domestic DTH satellite providers and outright made it illegal to subscribe to US services in our country

      That's a half-truth.

      Yes, it's illegal for American DTH providers to sell services in Canada, unless they follow the same rules as the Canadian companies, however if the American sattelite companies 'broadcast' into Canada, it is perfectly legal for people to receive them.

      when it comes to protecting a few broadcasting monopolies it's ok to ban foreign signals.

      WRONG

      The foriegn signals aren't 'banned' - what's banned is selling these foriegn signals (again, unless the companies obey the same laws as everybody else). The upshot is if you have a 'pirate' receiver, it's perfectly legal to receive signals from American transmitters.

    5. Re:As a Canadian resident ... by Rotten168 · · Score: 1

      Look up the Notwithstanding Clause in the Canadians Constitution before you do, mmmkay?

    6. Re:As a Canadian resident ... by mcknation · · Score: 1

      Ouch! Granted from what you linked it looks like it's only been used to change the language of signposts, but still. I kind of doubt it would be used in the manner that U.S. Governmenat would (ab)use the same legislation.

      McK

    7. Re:As a Canadian resident ... by Tripster · · Score: 1

      "however if the American sattelite companies 'broadcast' into Canada, it is perfectly legal for people to receive them."

      It's only legal to receive them if they are FTA (free to air), if they are encrypted you are not allowed to decrypt them with any method including paying them via a US postal address.

      "The upshot is if you have a 'pirate' receiver, it's perfectly legal to receive signals from American transmitters"

      Nope, the Supreme Court shot that one down to, it is illegal to decrypt any signal, foreign or domestic, without proper authority from the signal distributor (ie, you need their receiver, dss card and a valid account), in essence this closed the loophole that was used to pirate signals.

      While closing said loophole they also pointed out that it was also illegal to actually subscribe to the US services via US proxy addresses which thousand of Canadians do.

      There was going to be a Charter of Rights challenge on this very issue but the money fell through or something. Basically our Charter does give us free access to the media which I for one feel gives us the right to choose our own news channels and not have the government dictate what is allowed. As it stands now it is illegal to subscribe to Fox News Channel for example.

      Some folks bring up the "broadcast rights" issue where many productions are purchased by Canadian broadcasters for our market, this is understandable but still does not explain the fact we cannot subscribe to channels where broadcast rights are a non-issue.

    8. Re:As a Canadian resident ... by Cedric+C.+Girouard · · Score: 2, Insightful

      The problem with our Supreme Court is they'll likely side with SOCAN and we'll end up paying. This is the same court who sided with our domestic DTH satellite providers and outright made it illegal to subscribe to US services in our country, yup for years we did our darndest to broadcast signals behind the iron curtain but when it comes to protecting a few broadcasting monopolies it's ok to ban foreign signals.



      As a fellow Canuck, I must state the following: SOCAN will most likely be told to go insert their little idea where the sun doesnt shine.

      The three biggest canadian ISP's are Bell, Rogers and Videotron (THE phone company, and the two biggest cable distributor). Bell (or BCE) has enough money to buy out the music industry, and the two cable provider do not want any more laws. In fact, Bell already told SOCAN to go f*ck themselves.

      Now consider that the law usually sides with the money, and they're ahead. Bell actually markets it's internet broadband service as a good way to get music online.

      This is only a dying industry begging for another party to foot the bill, and unfortunately for them, the other party has more money, ressource and motivation to fight this off... So do not look for that new law anytime soon.

      --

      Marriage is considered capital punishment for the theft of a goat in some third world countries...

    9. Re:As a Canadian resident ... by Mashiki · · Score: 1

      If I could mod you up I would, but you have caught on to what other people do not or think is the lie. The government up here has gotten very good at ensuring that what is said is quarter truths and filler. Enough to ensure what they've said isn't a lie; or can be changed to fix their mistake.

      Myself, this is one of many issues as to why I'm leaving the country. I simply can't stand it anymore, and even at that most of the people I went to school with are now living in other countries(mostly the US, but a good few in Japan) for similiar reasons not jobs while that figures in highly but freedom, and control. Don't forget about Lawful Access either, there's another peice of tripe.

      And one other thing, remember we are now going to have 4 sets of laws up here. Quebec, Natives, Muslims and everyone else.
      Canada prepares to enforce Islamic law

      I know alot of people are not fond of WND, but it was the only place I actually found a place reporting the story. So much for fair and equal justice under the law for everyone...

      I don't even want to get started on CSIS or anti-terrorism legislation up here.

      --
      Om, nomnomnom...
    10. Re:As a Canadian resident ... by Anonymous Coward · · Score: 0

      If I were to guess, I'd say you were from Alberta.

    11. Re:As a Canadian resident ... by Rotten168 · · Score: 1

      Eh, I follow Canadian news and I'm not impressed. I'll take the US anyday.

    12. Re:As a Canadian resident ... by CanadianCrackPot · · Score: 1

      I know what you mean. Every time I see one of those stupid ads about stealing satellite signals I have to wonder when recieving radio signals became illegal. What's next having to pay for poverty vision because some corporate bigwig wants even more money.

      --
      Good programmers drink beer to relieve job stress.
      Great programmers drink hard liquor and work best hungover.
    13. Re:As a Canadian resident ... by Anonymous Coward · · Score: 0

      Are the regulated cable companies also required to get permission? If most high speed providers need CRTC approval on pricing, that pretty much kills this idea.

    14. Re:As a Canadian resident ... by Anonymous Coward · · Score: 0

      I change the channel every time I see that kid in the store. It really grates on my nerves. How is "stealing satellite" like stealing a chocolate bar from the local Mom&Pop shop? Imagine your kid telling you that ripping off the corner store is the same as having a radio receiver. Imagine you telling your parents that. Does anyone fall for that lapse of logic? The only surveys I have seen that claims Canadians equate satellite signals with theft came from the satellite industry.

    15. Re:As a Canadian resident ... by Anonymous Coward · · Score: 0

      it only takes Ontario and Quebec to vote in the same idiots time after time

      It only took all ridings in Ontario going to one party make a majority in that last two elections.
      They lost Quebec and still got a majority nationally because of Ontario alone. Even the PM joked after the 2000 election that Parliament is compromised of the Quebec bloc (BQ), the Western bloc (CA) and the Ontario bloc (Lib).

  30. Increase the cost of electricity! by Cooper_007 · · Score: 5, Insightful
    No power - No host - No illegal sharing.

    It's common knowledge that electricity is only used by illegal filesharers, so increasing its cost to recoup diminishing profits^W^Wdamages makes a lot of sense.
    Naturally, this also includes batteries. Solar panels are allowed (for now) but there's going to be a tax on sunlight soon which should be able to close that gap.

    Remember folks: You are consumers. SO START CONSUMING ALREADY! Your unwillingness to consume our drivel^Wproduct is costing us MONEY. If this trend keeps up, we'll be forced to sue you.

    Cooper
    --
    I don't need a pass to pass this pass!
    - Groo The Wanderer -

    1. Re:Increase the cost of electricity! by Anonymous Coward · · Score: 0

      I'll go for that. I already have to pay extra for the gas that fuels my generator, so that it can be spent on government ministers' holidays^W^W^W the nation's transport infrastructure {despite the fact that my static engine is not damaging the roads; even farmers don't pay tax on diesel used for off-highway driving in their own fields}. Sure, it's chucking out a bit of CO and unburned hydrocarbons {all two-strokes do} but at just 63 c.c., it's doing a lot less damage than some gas guzzling cars. And I get a fuel consumption of 1kWh/L.

    2. Re:Increase the cost of electricity! by A1tha1us · · Score: 1

      That would save them time, so far I have to pay a tax because I own a tv (incase I break a habbit of a lifetime and actually watch a BBC channel) tax on the fuel in my car, which I paid tax to buy, and pay tax to actually drive it anywhere, oh and of course I paid tax to earn the money in the first place. If this kind of thing catches on I'll soon be paying tax on my net connection, and hey why not just tax my ears whilst you're at it, wouldn't want me just listening to any old thing without paying someone for the prvilage...

      --
      .Sig. temporarily unavailable due to terminal lack of inventivness .we apologise for the inconvenience
    3. Re:Increase the cost of electricity! by AC5398 · · Score: 1

      Hey, hey, hey, don't be saying things like this; the Ontario Liberals are already looking for any and all excuses to jack up the price of electricity!

  31. Webradio by future+assassin · · Score: 0
    So will this mean that if I have to pay a levy on IPS servies, Im now gonna be allowed to run my shoutcast station with out having to pay any other royalties since I already paid for the right to redistribute/download music online.? Im mean if I'm giving SOCAN my money Id better be getting something for it. So what does email have to do with music piracy?

    http://www.futureassassin.com

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  32. Tax and then sue you by Neo-Rio-101 · · Score: 2, Interesting
    So even if people end up having to pay a tax on the internet... what difference will that make to the copyright law already on the copyrighted digital files out there? By the sound of it, it won't change a damn thing! The labels could just as well tax you and then sue you for copyright infringment! What are they promising here? That if you pay a tax, they won't sue? Do we trust them that much? Come on!

    Personally, I would quite happily pay a premium if they repeal all copyright law as well... but we know this probably isn't going to happen.

    At the moment, this seems like another excuse for the labels to grab money from somewhere.

    --
    READY.
    PRINT ""+-0
    1. Re:Tax and then sue you by youbiquitous · · Score: 1

      No. In Canada, it is legal to make physical copies of copyrighted music files. Amendments to the Copyright Act legalized private copying of music onto recording media, e.g., CDRs. This new proposal would create the same legal waiver for sharing digital files.

      The Copyright Board of Canada is a quasi-judicial body, legally it's one level below the Supreme Court. This board has ruled, in very explicit language, that the tax on blank media is payment enough for the music copyright holders and that copying a CD in Canada for private use is no longer copyright infringement.

      In a nutshell, the CBOC has said to the copyright holders, "You can't have it both ways. You asked for a tax on blank media, now you have one. You no longer have the right to sue anyone for making physical copies of your stuff."

      If these ISP taxes should come to pass, I have no doubt that the CBOC will then rule that all forms of music file sharing are no longer copyright infringement.

      --
      "Clean up the air and treat the animals fair" - Captain Beefheart
    2. Re:Tax and then sue you by Wylfing · · Score: 1
      The labels could just as well tax you and then sue you for copyright infringment!

      Precisely. If you think this sucks because it's a forced purchase, think again. It's worse than a forced purchase. This is actually a fine for your continuous illegal activity. You get nothing in return -- not even immunity from lawsuits over the same material that you have been "judged" guilty of sharing and fined for.

      --
      Our intelligent designer has never created an animal that we couldn't improve by strapping a bomb to it.
  33. Judge understands Caching... *ahem* NOT! by h4rm0ny · · Score: 1, Flamebait


    The judge in this article says that caching of popular web-pages by ISPs changes their role as mere conduits for information to providers.

    Next my modem will be impounded by **AA because it buffers the data coming into it.

    There are so many things wrong with what SOCAM are proposing it makes my skin crawl. This is the same principle as the Recording Industry getting a tax on blank CDs because of course they are all being used to pirate the music of those artists owned by them. The principle is that everyone is judged guilty and punishment (fines in the form of tax) are automated and mandatory.

    Extending this principle beyond the music industry, you would then logically get the movie tax, a tax on news to reimburse newspaper distributors and those who turn off FOX half-way through, a literature tax to reimburse Random House and McGraw-Hill etc etc.

    In fact, what the proposed laws are doing are creating the following viable business model
    1. Fail to sell stuff.
    2. Introduce laws to make other industries compensate you.
    3.???
    4. Profit!

    Actually, I think number 3 is probably incarcerate any civil liberties campaigners and fine a few people loudly and publicy to financial ruin to scare any transgressors.

    Go back to sleep, Canada - your Government is in control.

    --

    Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
  34. Plan! by arose · · Score: 0, Offtopic

    1. Claim [insert big group of people] owes you money.
    2. ???
    3. Infinite profit.

    * ??? beeing taxation by private companies, that may or may not produce something.

    --
    Analogies don't equal equalities, they are merely somewhat analogous.
  35. Just like in the movies by Anonymous Coward · · Score: 1, Informative

    The movie/music industry corrupt out young with popularised violence.
    Corrupt our young by popularising youth sexuality.
    Corrupt our government with taxes on their so called *illegal* copied/downloaded files.
    Corrupt our laws with legal exemptions in computer tresspassing(ie riaa wants to break into your computer if they *think* you have their music).
    Have laws written that exempt them from litigation and otherwise.

    For sure its obvious that those with the technical interllect of 2 year olds are making IT/IP laws.

    *My question is, how far down the slippery slope are we?*
    Although i used to believe that systems fail because they cannot adjust to a changing world, but now IMHO I have also become to believe that regardless of a system, people will fail to pay attention to detail and thus derail any system after some time and I do feel that is what is happening in many first world legal systems.
    Since the only difference between us and those who are starving is our accumulated technology, why is that those with knowledge in technology pay no attention to politics. To have a right to wealth, one must also have a responsibility but I see no responsibility anywhere /end 2cents + RIAA tax
    ABCD

    1. Re:Just like in the movies by axxackall · · Score: 1
      The system is corrupted because we agree with it. Sure we discuss it on /. but what else do we do?

      I suggest to everyone, who is seriously disagree with music royalties on blank CDRs and on ISPs, to go the court and to sue SOCAN for wrong royalties. Including a couple of millons for a moral compensation - I feel deeply damaged in a situation I have to pay for something I don't use as I never had any illegal mp3 copies (for example, I use CDRs only for Gentoo ISO images and my ISP only to upgrade my Gentoo packages).

      Now, if many of us will try that then we may try to convert it to a class action and thus to fix the corrupted system. Until then - we should not really complain as still did nothing to fix it.

      --

      Less is more !
  36. ipod and other hard disk media players by Barbarian · · Score: 1
    The Canada Copyright board has held back for quite a while on releasing a decision. Presently we are still being charged the 2002 level levies, which are only on CD-R's and cassettes. The proposed 2003-2004 levies, which have been held up thanks to legal wrangling from retailers, are as follows:

    3. (1) Subject to subsection (2), the levy shall be
    (a) 60 for each audio cassette of 40 minutes or more in length;
    (b) 59 for each CD-R, CD-RW or each unit of any other type
    of recordable or rewritable compact disc of 100 megabytes or
    more of storage capacity;
    (c) $1.23 for each CD-R Audio, CD-RW Audio or MiniDisc;
    (d) 0.8 for each megabyte of memory in each removable electronic
    memory card, each removable flash memory storage
    medium of any type, or each removable micro-hard drive;
    (e) $2.27 for each DVD-R, DVD-RW, DVD+RW, DVD-RAM
    or each unit of any other type of recordable or rewritable DVD;
    (f) 2.1 for each megabyte of memory in each non-removable
    electronic memory card or each non-removable flash memory
    storage medium of any type incorporated into each MP3 player
    or into each similar device with internal electronic or flash
    memory that is intended for use primarily to record and play
    music;
    (g) $21 for each gigabyte of memory in each non-removable
    hard drive incorporated into each MP3 player or into each similar
    device with an internal hard drive that is intended for use
    primarily to record and play music.


  37. Canadian Music Industry by MuckSavage · · Score: 1

    This legislation sucks ass, as does the blank media levy. However, it's nice to know that a money hungry, technically handicapped, morally devoid association like the RIAA isn't unique to America.

    1. Re:Canadian Music Industry by jst666 · · Score: 0

      Hmmm. Since when Canada hasn't been in America?

  38. Could be good news by ajs318 · · Score: 4, Interesting

    There is a way that the Canadian people could actually end up having a sorted system if this does become law. Unfortunately it requires a high degree of faecal unity on the part of many people.

    While this is going on, you could lobby your MPs {assuming that is what they are called in Canada} to ensure that if any royalty fees are charged on downloaded music, they should be payable directly to the performer {assuming the performer is the copyright holder} and not exceed the amount that would have been paid had the songs downloaded been obtained on the least expensive pre-recorded medium available {whether this be cassette, CD, LP, MiniDisc or To Be Invented}. If Avril Lavigne {faute de mieux} gets x cents when I buy one of her albums, I don't see why it makes any difference to Avril Lavigne if I just make a copy of the album and pay her the same x cents directly. I mean ..... obviously it makes a difference to the record company - just like it makes a difference to McDonalds when you eat at Burger King.

    And, of course, in the case of unauthorised downloading, you would only ever be held liable for those x cents per track - not the thousands of dollars the RIAA conjures up out of thin air. Call me quaint and old-fashioned, but if you steal a dollar you should pay back a dollar; or at the worst no more than what would buy when you come to pay it back,whatever a dollar would have bought when you stole it.

    It would be interesting to see exactly what objections anyone could raise to this proposal. I've even come up with a name for it: non-discriminatory licencing. Basically, if an artist allows a record company to package up and distribute their work for a fee, they have to allow anyone to do the equivalent job for the same fee; anybody's money is as good as anybody else's.

    --
    Je fume. Tu fumes. Nous fûmes!
    1. Re:Could be good news by Nogami_Saeko · · Score: 2, Informative

      ABSOLUTELY.

      I would have NO PROBLEM AT ALL if royalties for music went DIRECTLY to the artist involved, and not through the record label, managers, agents, etc.

      Whatcha wanna bet that SOCAN would drop the idea in a split-second if they were unable to fill their own pockets with cash.

      Quite a wonderful scam they have going here:

      -Private Organization, doesn't have to release their books, profit information, membership list, etc.
      -Never has given out ANY of the MILLIONS of dollars they've collected in the "name of the artists".
      -No public accountability.
      -Their income is enforced by the Canadian Government by way of levies - guaranteed cash flow!

      If only every business could be so lucky.

      It's time for the Government to dissolve the levies on this sad, sad excuse for ripping off Canadian consumers.

      --
      "Nothing strengthens authority so much as silence." - Charles de Gaulle
    2. Re:Could be good news by Zocalo · · Score: 1
      but if you steal a dollar you should pay back a dollar

      So, stealing becomes a simple method of getting an interest free loan, only without all that annoying paperwork and the credit checks with repayment to be arranged upon apprehension and proof of guilt? Cool!

      Um, where do you live?

      --
      UNIX? They're not even circumcised! Savages!
    3. Re:Could be good news by ajs318 · · Score: 1
      Read the rest of it:
      or at the worst no more than what would buy when you come to pay it back,whatever a dollar would have bought when you stole it.
      --
      Je fume. Tu fumes. Nous fûmes!
    4. Re:Could be good news by Anonymous Coward · · Score: 0
      "Inflation", which you imply, is not the same thing as "interest", although interest is invariably higher than inflation to ensure that the lender or investor makes a profit. For example, lets say I knock over a bank and net $1m which I stick in a bank account at 10% interest for the year it takes the law to catch up with me and underlying inflation is 5%. I'm found guilty, and have to pay back $1m+5% inflation out of my $1m+10% interest - a net profit of $50k on the year for me.

      I guess this is why, in the real world, we also have things called "punitive damages" and "jail" , huh?

    5. Re:Could be good news by kryptkpr · · Score: 1

      Don't spread FUD.

      From the FAQ:

      Q: Where does the money go?
      A: SOCAN collects licence fees and, after its operating costs are deducted, distributes the revenue as royalties to its members (songwriters, composers, lyricists and publishers) as well as to affiliated international societies for their members. More than 80% of the monies received from fees are distributed to the music creators and publishers entitled to it.

      I know many small independent artists that regularly get checkes from SOCAN. You register your music with them, and they do sweeps of radio statiosn (CBC, College Radio, etc..) When they see your song is beind played, you get PAID. They really -DO- pay the artists, this is NOT the canadian RIAA.. that would be the CIAA, and they already tax blank CD-Rs, so they're pretty happy.

      --
      DJ kRYPT's Free MP3s!
    6. Re:Could be good news by Anonymous Coward · · Score: 0

      The CIAA should be happy - they're the #$%^ who got the government to pass taxes on blank video and audio tape to pay for music recording. Once they set that prescdent - getting the tax for CD-Rs was easy. Not only that - but with our Gouge and Screw Tax - you pay 7% tax on the levy added to the cost of the media. Good old Canadian Tax on Tax.

    7. Re:Could be good news by kryptkpr · · Score: 1

      Don't you get it?

      We pay the tax... we're ALLOWED TO COPY!

      --
      DJ kRYPT's Free MP3s!
    8. Re:Could be good news by Anonymous Coward · · Score: 0

      Call me quaint and old-fashioned, but if you steal a dollar you should pay back a dollar; or at the worst no more than what would buy when you come to pay it back,whatever a dollar would have bought when you stole it.

      That would not provide a very effective deterrant against stealing a dollar! Paying back a dollar would be restitution, but it would not be punishment, the fear of which is what prevents people from stealing a dollar in the first place.

      Think of it this way. If your chances of getting caught for stealing a dollar are 50%, and the penalty for being caught is having to pay back the dollar, then you have a great reason to steal as many dollars as you can, because you'll average a net income of 50% of what you steal. But if the penalty for being caught stealing a dollar is, say, 10 dollars, and you have a 50% chance of being caught, then the proposition that you steal a dollar is no longer desirable, because on average you'll lose, well, a lot.

    9. Re:Could be good news by Nogami_Saeko · · Score: 1

      And in the non-FUD category:

      NONE of the money collected from the CD-R levy has been distributed. Sure, SOCAN distributes money they've collected from radio stations and such, but not a cent from the CD-R slush-fund has been given out.

      And I WORK in the broadcast industry...

      N.

      --
      "Nothing strengthens authority so much as silence." - Charles de Gaulle
    10. Re:Could be good news by ajs318 · · Score: 1

      Fear of punishment is not the major factor which de-motivates people from crime. That is just a myth which the hang-em-and-flog-em brigade would have you believe, but it is just a facile folly. The truth is that most people who commit crimes do not even imagine that they are going to get caught, let alone punished. Most law-abiding citizens refain from committing crimes because they would not like to be the victim of crime. Altruism is hard-wired into human beings - that is the "dirty little secret" authoritarians don't want you to know. A society that relies on inducing fear in its citizens is doomed to fail eventually. Think about it for awhile: fear can be overcome.

      --
      Je fume. Tu fumes. Nous fûmes!
    11. Re:Could be good news by Nogami_Saeko · · Score: 1

      I need to publish a quick correction here - The industry body I should've been referring to was not SOCAN, but the CPCC (Canadian Private Copying Collective).

      As far as I'm aware, SOCAN does distribute royalties collected from broadcast and licensing rights to the proper artists.

      --
      "Nothing strengthens authority so much as silence." - Charles de Gaulle
  39. here's my SCO-style advice to them by Anonymous Coward · · Score: 0

    Why ask for a new law to get a few cents per download when with the current penalties for copyright infringement they can get thousands of dollars per download?

  40. And in other news, by darkitecture · · Score: 1

    This just in; The Society for Drug Traffickers and Fat Cartel Bosses are asking for royalties from car and plane manufacturers because so many drugs are being sent back and forth over the border using Buicks, Fords and Cessnas without them getting much of a cut.

    And in other news, hell just froze over.

  41. Staggering possibilities! by bo0ork · · Score: 3, Insightful

    Well now, if the ISP's can be made to pay for theft that occurs on their infrastructure, why, then the government is obviously required to do the same for every thief that uses a car to drive on a street during the getaway. I mean - hadn't the street been there, he wouldn't have gotten away. So therefore the street owner is partly responsible for the success of the theft.

    --
    Does everything include nothing?
  42. Doesn't this just apply to... by devnulljapan · · Score: 1

    Rush, Bryan Adams, Frank Marino, and noises these guys make, and Celine Fucking Dion, so that leaves those of us with some taste in music in the clear?

    1. Re:Doesn't this just apply to... by itsari · · Score: 0

      Here is a more complete list of artists. Nickelback, Our Lady Peace, and Shania Twain are a few of the more noteworthy.

    2. Re:Doesn't this just apply to... by devnulljapan · · Score: 1

      Isn't it ironic?

  43. Call it what it is, then by GammaTau · · Score: 1

    If they wish to impose such a fee for Internet, just call it Information Tax and at least be honest with it. It is a tax because it's a legal obligation set by the government that requires people to pay a fixed amount of money. It's Information Tax because it is imposed on all people doing generic information exchange. It's obvious that if you don't pay the Information Tax, you are not allowed to access any information on the net.

  44. Once again, from an atrist point of view by trystanu · · Score: 1

    Anyone know how the money gets distributed around artists?

    Are they just going to distribute the tax around members of this so-called SOCAN, or are they going to somehow monitor the traffic and assign it radio-style?

    It would be kind of interesting if it was radio-style (royalty-per-leech).

    If I was living in a country where I was paying a copyright infringement tax on my CDs and on my ISP bill, I think I'd feel pretty different about engaging in copyright infringement.

    1. Re:Once again, from an atrist point of view by X-Phile · · Score: 1

      If I was living in a country where I was paying a copyright infringement tax on my CDs and on my ISP bill, I think I'd feel pretty different about engaging in copyright infringement.


      If I am already paying for it, then why should I have a problem with it? I already pay a tarif on CD-Rs, so I have no troubles admitting that I download music for my own use. If I think I might want the whole CD, I either grab the whole CD off the net, or keep my eyes open for it in stores (usually second hand stores, because, let's face it, I'm not rich) if I want better audio quality.

      Once again, they think they deserve to be compisated from 100% of the population because 10% of them are ripping them off. They need to get their hands out of my pockets, because my pockets are getting hit harder and harder from all directions.

      Why not lobby to get the ISPs for put a bandwidth cap on outgoing http traffic from dsl subscribers with some layer 7 filtering? A lot of people will get pretty tired of waiting 3 hours to dl a song from one of their subscribers, and the ISP can reclaim bandwidth for legitimate use.

      My $0.02 CDN
      --
      "Well you're not Fiona Apple, and if you're not Fionna Apple, I don't give a rat's ass."
    2. Re:Once again, from an atrist point of view by WildBeast · · Score: 1

      If I was a music pirate I would be pretty happy about it because it'll make it very difficult for them to sue anyone for downloading music. The problem is that music sucks nowadays and I don't see myself wasting time or money or bandwidth to download a song. It just ain't worth it.

  45. SOCAN... by devnulljapan · · Score: 1

    SOCAN KSSmyASS

  46. Actually... by Atragon · · Score: 3, Informative

    In canada, there's already a levy on blank CDRs which goes to the music industry...

    1. Re:Actually... by Anonymous Coward · · Score: 4, Insightful

      About time they stoped that practace, CD's are used for copying priated digital software, windows, office, games, and what not, not music, far easier to use mp3's and the net for that.

      But paying for music I'm not copying, damn, it'd make me start copying.

    2. Re:Actually... by Dashing+Leech · · Score: 1
      That was my original thought, but the tradeoff for paying that levy is that it is legal to download songs in Canada. (Though this hasn't been tested in court, AFAIK.) I think that tradeoff is worth it.

      It looks to me like this new proposal from SOCAN is essentially saying that the current situation is unfair and wasn't considered when the 1998 Copyright Act was introduced. On the one hand, I'd say tough for them. On the other hand, it would probably still be worth it if the levy was small enough, to keep downloading legal. If the industry is hurting, which hasn't been shown AFAIK, then this might be a reasonable compensation.

      Imagine paying on the order of $1 per month (~75 cents $U.S.) to allow unlimited legal downloads. This approach certainly beats that taken by the RIAA in the U.S., and it's nice to see that SOCAN is at least trying to propose something reasonable, realistic, and fair to both consumers and artists.

    3. Re:Actually... by Kombat · · Score: 4, Informative

      it is legal to download songs in Canada.

      No it's not. TechCentralStation is wrong. In 1998, the Copyright Act was amended to legalize private copying of music. It specifically says that only the original media can be copied, but that the copier isn't required to own it. Basically, I can borrow your CDs and copy them, legally. Note that you cannot copy them yourself and give me the copies (though you are, of course, allowed to copy your own CDs for your own use) - I must copy them myself.

      TechCentralStation mistakenly believes that this applies to music sharing. This position has already been rebutted in other articles, because the files that you are sharing (the MP3's) are NOT the originals. They are copies taken from the owner's CD. Therefore the owner has made the copy, not you. Also, you're making a copy of a copy, which is not permitted under Section VIII of the Copyright Act.

      However, with the advent of online music stores (itunes.com, buymusic.com, etc.), now those MP3's in your shared folder could be argued to be the originals, and the people coming in and downloading them are making copies.

      You were correct, however, in stating that none of this has been tested in court yet.

      --
      Like woodworking? Build your own picture frames.
    4. Re:Actually... by Kombat · · Score: 1

      There is ONLY a levy on MUSIC CD's in canada. Buy a data CD-R and it doesn't have the levy.

      You're completely wrong. There are a few exemptions from the levy, but when I walk into FutureShop (/BestBuy/CircuitCity) and pick up a pack of Sony/Maxell blank CDRs, I'm paying the levy. The levy is already built into the price of the pack of blank CDRs.

      And as if that wasn't enough, the industry is trying to extend the level to all music-playing devices with non-removeable storage, on a per-megabyte basis. Meaning your Rio/iPod/whatever with 20GB of storage just went up in price by about $200.

      --
      Like woodworking? Build your own picture frames.
    5. Re:Actually... by aridhol · · Score: 4, Informative
      Sorry.

      According to the CCFDA, there's a fee on both - 21 cents on a regular CDR or 77 cents on an audio CDR.

      --
      I can't say that I don't give a fuck. I've just run out of fuck to give.
    6. Re:Actually... by Seek_1 · · Score: 1

      If I pay taxes (through blank media costs) to 'starving artists' because of the 1998 Copyright Act as a means of them recouping costs because of illegal CD copying, then it damned well does make it legal to copy CDs.

      The fact that the CD (or songs) was transmitted from one person to another via the internet has no effect on the enforcement of the law.

      We pay taxes on it, therefore it's legal.

    7. Re:Actually... by Trepalium · · Score: 1

      Yes, and from what I understand, despite collecting money for three years, they still haven't PAID artists anything (they claim they started early this year). They did, however, fly all the CPCC members over to France to attend a conference on music piracy. The copyright board sets the tarif each year after only consulting with the CPCC, which ALWAYS overstates their position. CPCC believes that 60% of all CD-Rs are used for copying music, and bases all tarif calculations on this number. The CPCC also has adjusted their payment schedule to reduce the amount of money that is paid out to authors and publishers, and increased the amount that goes to record companies and performers.

      --
      I used up all my sick days, so I'm calling in dead.
    8. Re:Actually... by GeckoX · · Score: 1

      Can you back that up?
      Didn't think so, because it's not true, period!

      There is only a levy on media labelled for MUSIC use. At this point that means: CD-R, Cassettes and DVD media labelled for MUSIC RECORDING USE.

      Data CD-s and DVD's are cheaper, significantly.
      There is NO levy on storage media like media cards, hard drives, mp3 players etc.

      --
      No Comment.
    9. Re:Actually... by Kickstart70 · · Score: 1
      You're an idiot.

      As shown in other posts, there is a levy of "21 cents on a regular CDR or 77 cents on an audio CDR" info here

      Before you talk out your butt and accuse others, check your facts.

    10. Re:Actually... by Anonymous Coward · · Score: 1, Interesting

      FWIW...

      My guess is that Canadian copyright law is somewhat similar to American copyright law in that it places the burden for determining what is and what isn't copyrighted on the provider of the content, not the recipient.

      Despite all that the [MP|RI]AA would have you believe, downloading a movie/song is not illegal in the US and probably not in Canada as well. Uploading, however, is a blatant copyright violation.

    11. Re:Actually... by Kombat · · Score: 3, Informative

      it damned well does make it legal to copy CDs.

      That's 100% correct.

      The fact that the CD (or songs) was transmitted from one person to another via the internet has no effect on the enforcement of the law. We pay taxes on it, therefore it's legal.

      That's 100% WRONG.

      It matters. It matters very much. Read the law yourself. Specifically, see section 80.

      --
      Like woodworking? Build your own picture frames.
    12. Re:Actually... by cgreuter · · Score: 1

      TechCentralStation mistakenly believes that this applies to music sharing. This position has already been rebutted in other articles, because the files that you are sharing (the MP3's) are NOT the originals. They are copies taken from the owner's CD. Therefore the owner has made the copy, not you. Also, you're making a copy of a copy, which is not permitted under Section VIII of the Copyright Act.

      Since you're disputing TechCentralStation, I figured I'd point everyone to this article which has been floating around recently. It seems that TechCentralStation is actually an astroturfing service of sorts, so it makes perfect sense to hear that they've been publishing false or misleading editorials.

    13. Re:Actually... by wo1verin3 · · Score: 1

      >>There is ONLY a levy on MUSIC CD's in canada.
      >>Buy a data CD-R and it doesn't have the levy.
      >>And no, there is no actual difference between
      >>the 2 types of CD-R, just how much you pay.

      Incorrect, the tax is on all blank CD media with exemptions for some businesses as shown in the article.

    14. Re:Actually... by codeguy007 · · Score: 1

      No it isn't and yes I have read the Canadian Law. It is legal to copy someone elses music for personal use. What is not legal is copying for someone else. P2P networks work in such a way that the client copies the mp3 file off the other person's computer thus fullfilling the requirement of the copyright.

      It's true that I can't send a mp3 file to someone else but it is not illegal for then to download it off my computer. My hosting of the MP3 is the same as me loaning them the CD for copying which is legal.

    15. Re:Actually... by Anonymous Coward · · Score: 1, Informative

      Can you please provide links to these other articles that rebut the opinion? While I concede that I have not been following this issue all that closely, it seems to me that it is difficult to flatly state that Techstation or anyone else is clearly wrong in their opinion given the absence of jurisprudence or clear statutory language on the issue. At first blush, it seems to me that there may indeed be enough ambiguity in the legislation to allow one to make a reasonable argument that simple downloading (not sharing or permitting uploads) of music is permitted by the personal copying exemption in the Copyright Act.

      FYI - Here are the relevant provisions from the Copyright Act:

      80. (1) Subject to subsection (2), the act of reproducing all or any substantial part of

      (a) a musical work embodied in a sound recording,

      (b) a performer's performance of a musical work embodied in a sound recording, or

      (c) a sound recording in which a musical work, or a performer's performance of a musical work, is embodied

      onto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer's performance or the sound recording.

      Limitation
      (2) Subsection (1) does not apply if the act described in that subsection is done for the purpose of doing any of the following in relation to any of the things referred to in paragraphs (1)(a) to (c):

      (a) selling or renting out, or by way of trade exposing or offering for sale or rental;

      (b) distributing, whether or not for the purpose of trade;

      (c) communicating to the public by telecommunication; or

      (d) performing, or causing to be performed, in public.

      1997, c. 24, s. 50.

    16. Re:Actually... by Kombat · · Score: 1

      P2P networks work in such a way that the client copies the mp3 file off the other person's computer

      That's right, and that mp3 is NOT the "original copy." That mp3 IS ALREADY a copy, made by the owner of the CD. When he/she ripped that mp3 off their CD, they were making a copy. Placing that mp3 in their "Shared" folder is making a COPY available, which is NOT protected under Section VIII of the Copyright Act in Canada.

      My hosting of the MP3 is the same as me loaning them the CD for copying

      No, it is NOT. You are not lending them the original in this case. You are making the mp3 (which is already a copy) available.

      --
      Like woodworking? Build your own picture frames.
    17. Re:Actually... by Vaevictis666 · · Score: 1

      So what's the difference between a regular CDR and an audio CDR?

    18. Re:Actually... by Rumor · · Score: 1

      I direct you a legal analysis of the situation. Long story short: downloading is probably legal, uploading is not, and this includes sharing through P2P apps.

      Something which is not discussed in that analysis is that it is technically difficult for collective societies to sue uploaders in Canada as opposed to in the US, because privacy law more firmly protects the identities of ISP customers.

    19. Re:Actually... by Anonymous Coward · · Score: 0

      There is nothing in the copyright act that states that you can only copy from an original source. Indeed, the loophole that Section 80 of the Copyright Act creates is that there is NO indication as to source. For convenience I've copied the section below. You're right that there's been no litigation in this matter yet but if you look up the Annotated Copyright Act, the author points out that there's no indication of source, hence you can copy from radio, t.v. and even the internet. The problem is not the copier, the problem is for the sharer.

      80. (1) Subject to subsection (2), the act of reproducing all or any substantial part of

      (a) a musical work embodied in a sound recording,

      (b) a performer's performance of a musical work embodied in a sound recording, or

      (c) a sound recording in which a musical work, or a performer's performance of a musical work, is embodied

      onto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer's performance or the sound recording.

    20. Re:Actually... by Anonymous Coward · · Score: 0

      The parent post is utterly wrong (and obnoxious to boot). Several people have pointed out that it is wrong and cited references. Why is it still modded +2? It should be -1.

    21. Re:Actually... by Anonymous Coward · · Score: 0

      And so is prostituation here sort of. A prostitute/gigello can offer their services but for the person that pays for it that would be illegal. What I don't understand is why not make both of them illegal instead of just one? That means a 14 year old girl, whose of legal age to consent to sex, can offer her "services" on the street, but for any guy that accepts the "services" would be arrested. Which is just stupid.

    22. Re:Actually... by arkanes · · Score: 2, Informative

      You're confusing CA with the US. There's a levy on music CDs in the US - it's the same levy thats on blank audio tapes. It has NOT been extended to data CDs in the US. In Canada it was.

    23. Re:Actually... by Archfeld · · Score: 1

      I run an FTP server with anonymous login, but I have a banner forbidding unauthorized copy or downloading of any files not legally licensed, then I login from home and play the music remotely, can't have ANY MP3's on our business network, but the spooled file never acquires the mp3 file type and is seen only as a temp file. From what I understand the banner on my FTP covers me legally, now if someone else found the server used anonymous login and downloaded what ever they wanted, I am not responsible, the downloader is not violating any laws....loophole ? or am I interpreting this all wrong ?

      --
      errr....umm...*whooosh* *whoosh* Is this thing on ?
    24. Re:Actually... by Ben+Hutchings · · Score: 1

      Probably a single bit in the pre-recorded header.

    25. Re:Actually... by Kombat · · Score: 1

      You make a good point, but I still think that the spirit and interpretation of the Act relate specifically to copying original, physical media. Here's an excellent explanation of the changes to the Copyright Act. In virtually every related material I've read, it states that you can only copy the original recording (i.e., the legally purchased CD), not a copy.

      --
      Like woodworking? Build your own picture frames.
    26. Re:Actually... by Phroggy · · Score: 1

      So what's the difference between a regular CDR and an audio CDR?

      I've been wondering this too.

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    27. Re:Actually... by Anonymous Coward · · Score: 0

      Thanks. A cursory review of that analysis seems to confirm my reading of the provision.

      The question of enforcement is indeed a key factor here that ought not to be overlooked. I believe it is not so much a question of privacy legislation as it is simply a logical consequence of the fact that Canada currently lacks an equivalent to the DMCA that makes it rather easy for U.S. copyright holders to issue subpeonas and identify those who are sharing music files. In the absence of such a provision, a Canadian collective association wishing to enforce copyrights would appear to face a complicated and costly process to identify the file sharers in question.

    28. Re:Actually... by Anonymous Coward · · Score: 0

      The Label.

    29. Re:Actually... by narkotix · · Score: 1

      according to this site
      These JVC blank audio CD-Rs can each hold up to 80 minutes of your favorite music! (Some older component CD-R decks and computer CD-R/W drives may not be able to write more than 74 minutes per disc.) CD-Rs can be recorded once, and will play back in most recent home, car, portable, and PC-based CD players, as well as some DVD players. (For compatibility info on specific DVD player models, see "Key Features" on each player's page.)
      Home CD-R components will only record with Audio CD-R blanks such as these.

      --
      We played dungeons and dragons for 3 hours.....then i was slain by an elf
    30. Re:Actually... by Hoser+McMoose · · Score: 1

      He might not be able toback it up, but I certainly can. Here are current tarrifs and here are the proposed tarrifs. Note that the first set of proposed increases to tarriffs were somewhat shot down in favor of the ones listed above.

      For those of you who want to go straight to the original, here is the official proposal. Note that in this proposal, they wanted to charge a full $21/GB for hard-drives in MP3 players. This actually would have raised the price of an iPod or similar such device (20GB hard drive) by a full $410. Given that the current going price for a 20GB iPod is roughly $500 to $600 CDN, this would have come close to doubling the price.

      In the updated levy, the charge would be ~$110 for a 20GB MP3 player.

    31. Re:Actually... by optikSmoke · · Score: 1

      Why don't you just make the server password protected? Then it's no longer public, so you don't have to worry about it.

    32. Re:Actually... by Archfeld · · Score: 1

      have to browse it via http, and the proxy that my company uses won't pass the login query back...I can inline it but I lose the connection every 10 mins then and have to keep re-authorzing. I am locked into IE with Corp Policies, so I can't even save the url with the password in it. Life in the matrix has so many regulations :)

      --
      errr....umm...*whooosh* *whoosh* Is this thing on ?
    33. Re:Actually... by Anonymous Coward · · Score: 0

      Well, not just one but yeah. It gets checked by dedicated audio CD recorders (the hifi kind). Those things reject normal CDRs without this. Appart from that the only difference is the price.

    34. Re:Actually... by Ducon+Lajoie · · Score: 1

      This thread is fun. But I don't agree with you.

      It's a tough question but my reading of 80.1 is that the person making the private copy does not have the burden to verify that the song they are copying was offered (as with a CD), broadcasted (it works for taping songs off the radio too) or accessed in a way that is not in itself an infringement.

      I'm allowed to copy my own CDs for my own use, so CD to HD is ok. Then someone can copy a song under 80.1 too, even it that song itelf is a generation away from the original media. Offering the file for the whole world to download is a problem though.

      Check out Michael Geist answer to the application of 80.1 to P2P : " I'm inclined to think that you'd have a pretty good argument as an individual user--that personal, noncommercial copying is permitted by the exemption. The one caveat--and this is where there have been many myths--is that there is little doubt under Canadian copyright law that making those same songs available to others is not permissible. "

    35. Re:Actually... by codeguy007 · · Score: 1

      Michael Geist says that but he has no support for his argument. Yes it is illegal to distribute copies but making them available on my Hard Drive is not distribution nor is loaning a copied CD. Distribution would require me to give them the copied cd or my harddrive and I am not doing that.

    36. Re:Actually... by Anonymous Coward · · Score: 0

      By my reading of section 70.17 you MAY be able to offer a recording via P2P as long as the recording resides on a tariff-paid CD though I would be very surprised if the consumer gets anything at all for their money.

      That said, I think the whole law is B.S. (why should Bruce Allen collect royalties on my work?) and I was really glad to see Ms. Sheila Copps go down in flames in her leadership bid. Paul Martin may not be any better morally but I think he at least has the brains not to go straight for the throat of high tech and creative arts.

    37. Re:Actually... by JPrice · · Score: 1

      However, with the advent of online music stores (itunes.com, buymusic.com, etc.), now those MP3's in your shared folder could be argued to be the originals, and the people coming in and downloading them are making copies.

      Those were originally my thoughts on the matter as well, but I've since seen a different interpretation that makes me far less convinced.

      If I have an mp3 sitting on my computer and you request a copy of it, you're not actually making the copy - my computer makes a copy for you, and sends the copy over the internet. Running Kazaa, or whatever, could be argued to be effectively the same as running a service where people mail you requests, you burn a CD for them, and mail it back to them.

    38. Re:Actually... by JPrice · · Score: 1

      Unfortunately, it's not that cut-and-dried.

      Strictly speaking, when I put a song up on Kazaa, and you decide to download it, you're not making a copy of it - my computer is making a copy of it for you, and sending that copy over the internet to your computer. The fact that you were the one that initiated the process doesn't matter.

      Additionally, section 80, subsection 2, paragraph (c) of the act specifically forbids making copies for the purpose of "communicating to the public by telecommunication", which could easily encompass P2P networks.

    39. Re:Actually... by AyeRoxor! · · Score: 1

      "Before you talk out your butt and accuse others, check your facts."

      Maybe, before he talks out of his butt, he should cheek his facts? ...?

      Okay. It's 11pm. Goodnight.

    40. Re:Actually... by Anonymous Coward · · Score: 0

      Bring on the Huge CD tax... CD's need to be replaced... With Huge tax on CD's it will inspire a new tech that doesn't have the tax..

      and once a law is in the books its usually very hard to get it ammended

    41. Re:Actually... by Ducon+Lajoie · · Score: 1

      It's a tough question and both our positions are defendable.

      The "making available to the public" part is very close to "distribution" or "public representation". Radio stations when broadcasting are not doing a one on one communication, they are merely broadcasting, offering the work to the public at large. There is no fixation until (or unless) you choose to record the signal. Not a perfect analogy to P2P but close enough to question the assumption that offering files to the world on Kazaa is not distribution.

      Loaning a copied CD: this I agree with. Second generation private copy seems in line with the letter of the act.

    42. Re:Actually... by davemonkey · · Score: 1

      But paying for music I'm not copying, damn, it'd make me start copying. Absolutely! There's nothing like charging people for something they're not using to make them want to start doing it in overdrive. Hopefully legislators will see this and reject this scheme outright. IMO it gets back to product diversification - make sure the CD/DVD, whatever is worth the money they want you to pay - not overpriced product in a market saturated with mediocre talent.

      --
      Erratically brilliant or brilliantly erratic, I just haven't figured out which yet!
    43. Re:Actually... by Dashing+Leech · · Score: 1
      No it's not. TechCentralStation is wrong.

      I don't think you have a very good argument here. As has been pointed out in other responses to you, Michael Geist, the Canada research chair in Internet and e-commerce law, believes that there is a pretty good legal argument for individual downloaders. We do all seem to agree that this has not been tested in court, but it seems even the Canadian legal community thinks it is probably legal.

      What hasn't been discussed much, though, is the principle that one cannot legally profit from illegal activity, especially third parties. I'm not aware if this is written in Canadian law, but the principle is generally established. The current levy on CD-Rs is specifically to compensate for copyrighted material. Therefore, it seems like a good legal argument that the recording industry cannot say on one hand that your copying is illegal on one hand, but that they profit from it on the other. In short, under current Canadian copyright law, I think there are several good legal arguments about downloading being legal. Now uploading, or making songs available (shared) over P2P seems quite clearly to be illegal.

    44. Re:Actually... by codeguy007 · · Score: 1

      Comparing to Radio stations is completely an apples and oranges comparison. Radio stations physically send a signal out to be picked up whoever wants it.

      Placing a file on a server is no broadcasting.

    45. Re:Actually... by codeguy007 · · Score: 1


      my computer is making a copy of it for you, and sending that copy over the internet to your computer.


      That would fall under the same argument as me loaning you my computer to copy one of my cds.
      Which is give as a legal example of copying. Just because my computer is in Vancouver and your's is in halifax doesn't change that.


      "communicating to the public by telecommunication"


      A private communication between to individuals does not constitute communicating to the public. If I was offering streaming audio to a public audience maybe. But this provision is to cover radio and TV station broadcasts. Not downloading a file.

  47. Who gets the cash? by supersam · · Score: 1

    I'm all for paying money for the music I download. But let these guys asking for my money, first decide who's gonna get it.

    I'm certainly not in a mood to pay every tom, dick and harry who wants to jump on this bandwagon asking for cash!

    If I pay for a song when I download it (ie. thru iTunes and the like) then I certainly don't want to be taxed for downloading something I already paid for. Then it is for the songwriters to negotiate with the recording industry dinosaurs to get their piece of the pie.

  48. This means LEGAL sharing! by Hurricane78 · · Score: 0

    Hmm... if we pay for the file-sharing then the downloads are legal right.

    Only problem: The artists don't see the money because this SOCAN puts it in his own pocket. (Here in germany the GEMA is lobby of worldly innocent old poeple with bad karma, huge limousines, own islands with fat villas... [no joke, this is the truth! i worked with somebody who worked for them.])

    Because of their bad karma i think they will even try to sue us when wie may more for the treffic, computer, cd/dvd-burner, harddisc, scanner, whatever...

    That's why i think they go to hell, because they have to kill me before i'll pay 1 cent to them.
    I ONLY pay the artists directly, and only when i think it's WORTH it.

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
  49. An analogy perhaps... by trystanu · · Score: 1

    Do we get taxed for car crashes that occur on roads?

    No, we get taxed (fined) for speeding, or DUI, on roads.

  50. Re:Boner by Anonymous Coward · · Score: 0, Offtopic

    Read this; the first interesting piece of writing I ever read because of an article on Slashdot (apart from the amazing and innovative taco-snotting-trolls. And I have been around for a long time, as you may have noticed.

    --- Anonymous Coward

  51. If they want to charge ISP's by phorm · · Score: 1

    Then ISP's should be able to charge them back for facilitating a server that allows iTunes and etc (legal music downloads) to bring them revenue. It's all fine and good to say you want a cut of the internet-music-market (and I will not doubt that ISP's make a killing off selling broadband for filesharers, many ppl I know got it to download music), but you can't have your cake and eat it too.

  52. 10 per cent of any gross profit? by future+assassin · · Score: 1, Insightful
    SOCAN is proposing that ISPs pay a royalty of 25 cents per subscriber per year as well as 10 per cent of any gross profit ISPs make through the sale of advertising.

    How the fuck can SOCAN ask for a % of adevrtising revenue made by the ISP?

    This is gonna open up a can of worms. Next thing you know software companies will create their own lobby/protection group and we'll see more ISP taxes beacause everyone is a thief and the ISP is providing the tool to commit the "crime"

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  53. wont happen by Anonymous Coward · · Score: 0

    were not america. everyone uses the internet here. you tell them they are going to tax the internet and they will flip out.

    also i read the article and it doesnt seem that severe. they were already turned down from court and now they are apealing. i have never heard of these people before. Maybe there just upset because most canadian music sucks.

    (i am canadian but seriously name 3 good canadian acts other than bowie) no jan arden is not good

    1. Re:wont happen by future+assassin · · Score: 1, Informative
      (i am canadian but seriously name 3 good canadian acts other than bowie) no jan arden is not good

      Bran Van3000
      I Mother Earth
      Crash Test Dummies
      Delerium
      Esthero
      Frontline Assembly
      Bif Naked
      Skinny Puppy
      Neil Young
      Plastikman

      --
      by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    2. Re:wont happen by Anonymous Coward · · Score: 0

      thats a really good list and i will now disect it throughly:

      Bran Van3000 - didnt they have 1 hit some time in the 90s?
      I Mother Earth - one more astronaut. and it was a bad song. shudder.
      Crash Test Dummies - oh jesus sorry im not into that alternative winey shit.
      Delerium - not quite goth not quite classical. are they canadian? i thought they were crap since i first heard them. they might be what passes for industrial these days but not in my book.
      Esthero - she had one halfway decent cd. i dont find myself missing it enough to download it free.
      Frontline Assembly
      Bif Naked - hot music doesnt matter
      Skinny Puppy - who?
      Neil Young - ok neil youngs got skill sure. 1.
      Plastikman - i cant recall any tracks

      nelly furtatio is canadian too i just remmebered and i met her once. much hotter in person. but her music bytes. theres a rapper from the tdot called k-os who is pretty decent

    3. Re:wont happen by JonKatzIsAnIdiot · · Score: 1

      Nickelback
      Headstones (now defunct)

      um ... give me a minute ...

      Bif Naked (previously mentioned I know, but I'm getting desperate here)

    4. Re:wont happen by Anonymous Coward · · Score: 0

      BNL had a couple hits....
      oh wait, more than just a couple - more like a couple for every cd they release

    5. Re:wont happen by Anonymous Coward · · Score: 0

      > Delerium
      > not quite goth not quite classical.
      uh, not at all goth, not at all classical

      they have many good tracks that have been used by various trance djs, ex. Silence.

    6. Re:wont happen by Anonymous Coward · · Score: 1, Informative

      Bryan Adams, Age Of Electric,Barenaked Ladies (!!!), Biff Naked, Blue Rodeo, Bran Van 3000, Tom Cochrane,Bruce Cockburn, Leonard Cohen, Cowboy Junkies, Deborah Cox, Crash Test Dummies, Delerium, Edwin, 54-40, Finger Eleven, Gob, Great Big Sea, Guess Who, Headstones, I Mother Earth, Diana Krall, Chantal Kreviazuk, LEN, Gordon Lightfoot, Lighthouse, Love Inc., Ashley MacIsaac, Sarah McLachlan, Holly McNarland, Joni Mitchell, Our Lady Peace, Alanis Morissette, Moist, Philosopher Kings, Sky, Sloan, Tragically Hip, treble charger,Shania Twain, David Usher, Wide Mouth Mason, Neil Young, to name a few

    7. Re:wont happen by Crypto+Gnome · · Score: 1
      Who?

      Seriously!

      OK, so two questions
      1. how many of them are signed-up royalty-receiving acts?
      2. show me where this new (proposed) law will guarantee that the appropriate royalties will actually reach the artists? ie quote me references to Penalties and Enforcement against SOCAN?

      My guess is that such provisions do not exist and that "generic taxes collected to account for assumed copyright violations" aren't mentioned anywhere in the recording contracts in reference to "schedule of royalty payments to artists".

      If the FatCats of the Recording Industry will pocket 100% and continue to screw the artists (ie even more so than currently).
      --
      Visit CryptoGnome in his home.
  54. Nothing for Money by mcleodnine · · Score: 1

    This is not a Good Idea. Why in the fuck do I have to pay the following taxes when I'm not copying music illegally? We go through assloads of CD-Rs to archive projcet photos and now we have to pay more "Because I said so." That's pure thuggery.

    We're already getting jacked for $.21 for each CD-R we buy and they want that bumped to $.59, double that if it's a "CD-R Audio" disc. You want an MP3 player? Pony up $21 per GB of storage. Memory sticks/cards for your digital camera? Sure! Just hand over .8 cents per megabyte. How about a fancy new 256MB USB dongle for your keychain? Same rate for that, too.

    Unfortunately they seem to think I have a lot of money left over so now they're petitioning for an Internet levy on ISPs. Again they take my money and I get ...nothing?

    and they call us pirates?

    Face it. If I really wanted to live in a police state and be subjected to financial shakedowns on the whim of the local merchants I'm quite sure I could find a much warmer place to live than Canada

    --
    one better than mcleodeight
    1. Re:Nothing for Money by satterth · · Score: 1

      And right after they get their ISP tax, they will go after Wireless network cards and base stations. Then network cable producers. Christ, why don't they get their own music duty on all imported computer hardware and be done with it.

      --
      Being called a dork on Slashdot must be like being called the retard in special ed.
  55. In all seriousness, this is exactly what I want by CrystalFalcon · · Score: 1

    This is exactly what I - as a media pirate by habit, mind you - want to see.

    In Europe, people pay a small yearly fee for media already. They pay a fee for access to public service television. I see a parallel here...

    There has been much talk of compulsory licensing being the only sensible answer to the current situation.

    This kind of response is what I want: a blanket scheme where you can choose to pay (to a trusted government entity (1)) a blanket fee, in exchange for the right to download any works for personal noncommercial use during a specific time period. Needless to say, the fee needs to be reasonable. I believe $100-$200 per year is in the appropriate range.

    (1) Yeah yeah, I know, "trusted government entity" is an oxymoron. But I trust a government-controlled entity a lot more on this issue than I do the industry's self-interest groups.

    1. Re:In all seriousness, this is exactly what I want by gearheadsmp · · Score: 1

      Yes, but simply giving Congress the ability to pull an RIAA levey will snowball. The RIAA will want it increased at least 5% every year, depending on how many Senators they can afford. And the MPAA, BSA, and SPA - all of which behave like the RIAA will lobby for the same privelige.

    2. Re:In all seriousness, this is exactly what I want by Pelops · · Score: 1

      In Europe, people pay a small yearly fee for media already. They pay a fee for access to public service television. I see a parallel here...
      I am going to speak for France, since it is where i am living. Yes, we pay for our public television. However, it doesn't make the programming any better. It just allows us to have less advertisement on those channels not to have better programming.

      This kind of response is what I want: a blanket scheme where you can choose to pay (to a trusted government entity (1)) a blanket fee, in exchange for the right to download any works for personal noncommercial use during a specific time period. Needless to say, the fee needs to be reasonable. I believe $100-$200 per year is in the appropriate range.
      I am not sure here that it is what is going to happen. Every time the movie and disc industry has been complaining we have been getting mandatory fees. In France, we pay a tax on those blank cds, and yet the industry is pushing to increase it and is pushing to get a law where they could legally put a protection on all the cds they are selling. A recent ruling showed that since the disc was not working on an autoradio, the disc was defective. So now the industry wants this law. I think that since we are already paying for that tax we should be getting some price drop or even better free songs.
      In the end, i would like to see that, but it is very unlikely to happen since they want twice your money. I am afraid it is getting ridiculous even in Europe. After all, now a good number of our cds are copy protected (not it stops the people from downloading them though). While i have the technical knowledge to bypass it, i refuse to buy a cd which i cannot transform "easily" in OGG or MP3 on my hard drive. I just have a computer to play cds, and i suspect it is a growing case among geeks and a larger part of the younger population.

      Pelops

    3. Re:In all seriousness, this is exactly what I want by JaredOfEuropa · · Score: 1
      In Europe, people pay a small yearly fee for media already. They pay a fee for access to public service television. I see a parallel here...
      There are two key questions that need to be answered to determine the fairness of a blanket scheme, and that is where the similarity between the proposed scheme and public broadcasts ends.

      Who consumes?. In case of television, this answer would be 'pretty much everyone'; that's why we in Holland abolished TV licenses and raised taxes slighty to compensate. It sucked for the 2 persons without a TV, but the savings on having to collect the license fees and go door to door and check if people paid their fees, was so huge to make it worth it.
      With music, this question is harder to answer... but you can be sure that not 'almost anyone' consumes music, and certainly not in the same amounts. Taxing blank media or Internet traffic is unfair to people that do not download music, and this is a significant group.

      Who provides the goods?. Again, in the case of public broadcasting, the anser is simple: it's the public TV channels. In the case of music it is much harder. How do you determine which artist gets what? We already have a levy on blank media and on broadcasts of music, and it is clear that the bulk of the money goes to Dutch artists, even though most of the music played is foreign.

      The second question is the one that I have the most problems with. I, as a regular consumer of music, am very happy with the levy on blank CDs, which in Holland does indeed grant me the right to copy music for my own personal use, from whatever source (rented or borrowed CDs included).

      However, if I were a mucisian I would hate this scheme. It gives people the right to download and copy my music, and I will probably never see any of the money raised by these special taxes.
      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    4. Re:In all seriousness, this is exactly what I want by debest · · Score: 1

      This kind of response is what I want: a blanket scheme where you can choose to pay (to a trusted government entity (1)) a blanket fee, in exchange for the right to download any works for personal noncommercial use during a specific time period. Needless to say, the fee needs to be reasonable. I believe $100-$200 per year is in the appropriate range.

      Never, ever happen, my friend. The media companies want P2P and unlimited downloading to go away forever, since it is the antithesis of paying for media on a "pay-per-use" basis (their utopian goal).

      They are looking for this fee not as implied consent for downloading media, but as punishment for presumed guilt for downloading media.

      --
      Look at the tomato! Isn't it sad? He can't dance! Poor tomato!
  56. Cabs, churchgoers and kids will pay license fees by Anonymous Coward · · Score: 5, Interesting
    Yes, of course these people think everyone's a criminal.

    The taxi companies must pay Teosto license fee if their drivers wish to keep the radio on when they've got a customer in the car. It doesn't matter if the broadcaster already paid for the songs...

    They also tried to extort money from kindergartens, schools and churches for the copyrighted children songs/hymns that were being sung by the kids and churchgoers. That didn't go through - yet. I bet they'll try again soon.

  57. might be a good idea by polyp2000 · · Score: 1

    I've often thought that this might be an idea. The problem I see is how does an ISP know what tunes an individual person is downloading?

    I myself only download a few mp3's a year, and I dont think I would be a prime target for the RIAA (althought I do live in the UK). No-one is denying the fact that sharing mp3's on a grand scale is piracy whether you like it or not it is illegal. I dont condone the practices of the music labels, (who really should be called marketing labels). Nor the RIAA.

    I have seen several music stores close down near where I live, which is sad because I do like to actually buy CD's (mainly of older stuff, or on the rare occaisions that I hear a band that I like). Its a sad fact that sales of CD's are falling.

    The fact remains that people are going to download mp3's over the net no matter what heavy handed tactics the various organisations try to stop it.So how do you pay for it?

    How about a licence? Many companies have a special licence (i beleive it is called a PRS) which grants them to use the music from commercial artists on their call hold music. Same way many bars and clubs have this licence too. That yearly fee ensures that artists get a payback for their tunes being played.

    The problem with micropayment services like apples iTunes and the other services that are around is that they are limited in the stuff they have that you might actually want. I'd be very surprised if i could find obscure Pink Floyd or Ozric Tentacles stuff on those services. I use lopster or bit-torrent to find things like that. Herein lies the problem with ISP's charging extra to account for mp3 traffic. If people use obscure p2p software that doesnt go through the ISP's system how are they supposed to know what people have or havent downloaded? If they increased the monthly line rental accross the board there are going to be a lot of angry faces!

    Its a difficult system, I can see how passing the cost onto the ISP could help take the hassle away from the end users, but the internet has other purposes than downloading tunes and porn. Surfing slashdot for anti-capitalist whoring and geek stuff takes up a good percentage of my bandwidth.

    Yes Im unemployed, and no i havent got a girlfriend. But I do have a band ....

    --
    Electronic Music Made Using Linux http://soundcloud.com/polyp
  58. This is insane. by Anonymous Coward · · Score: 0

    If my ISP has to pay this fee, it means that my connection will get more expensive.

    Why do I have to pay because someone else is leeching MP3's?

    I buy my CD's to help the industry, is this the thanks I get? Fuck it, if my inet connection fee increases, I'll start downloading MP3's too, and never buy a CD again.

    This is something called "mass punishment" and is, AFAIK, illegal in most civilized countries.

  59. P2P may cost you your job over here by Anonymous Coward · · Score: 0
    I liked how things worked abroad. No hassle using the university network for P2P.

    Over here such use is a cause for an immediate termination of your contract (if you're staff) or your right to study (if you're a student).

    They use some sort of a program to scan the data flow and say that it can detect P2P use even if you tunnel it through some other port like port 80.

  60. Music vs Software: an in depth IP comparison by t_allardyce · · Score: 2
    Ok ok heres my idea: how about, the entire music industry kisses my ass, and i dont pay for storage memory or network access. I really, honestly couldnt give a damn if the entire industry today said "were going on strike, no more music will be made" for me, the commercial music industry is identical to the commercial software industry:
    • Their physical product is a CD that costs next to nothing to press but sells for a high price far dwarfing what would be needed to provide a reasonable profit per planned sales
    • They both think that their products are essential and the best
    • most people i know use their products for reasons other than quality - ie proprietry lockin, no choice or because they hear the tune on the radio and it gets in their head like an itch even though the production quality is bad (synths that sound like the game boy) the singing is generic (they all sound the same) and the song is a cover, remake, or rip
    • Theres some good stuff out there (not much) but you will usually notice a trend - the good musicians and developers are usually not pretentious assholes they do alot of work and just happen to locked into a shitty label - i feel sorry for them
    • There are people who make the same thing for free because they love music or designing and often they do it better because they are in it for it and not for money
    • Both industries have just woken up to the hard cold slap-in-the-face fact that they are coming to the end of their purpose but they still spread FUD
    • Both industries can lick my ass after ive taken a shit on their CD
    --
    This comment does not represent the views or opinions of the user.
  61. No wonder Liberals are making law by suing by Anonymous Coward · · Score: 0

    They saw how laws were put into effect in Canada through the courts and said "a ha!!!"

  62. no way! by doq · · Score: 3, Funny

    holy shit, canada has music?!

    1. Re:no way! by tekrat · · Score: 1

      holy shit, canada has music?!

      Well, sorta... They have RUSH.

      Which is sort of like saying... "We have Boston."

      --
      If telephones are outlawed, then only outlaws will have telephones.
    2. Re:no way! by Bilange · · Score: 1

      The real question is: "Holy shit! Canada has Internet!!?"

      --
      "...a generation of kids has grown up thinking Trance is the shittiest music since country and western." - Paul van Dyk
  63. And the money i still no where to be found by Anonymous Coward · · Score: 0

    Nobody has yet figuered out where the money from the cd tax goes, cause its cerintaly not the artiest from the news reports.

  64. The RIAA by NeoGeo64 · · Score: 1

    And we thought the RIAA was evil. They haven't started asking for royalities from ISPs... yet.

  65. How to make a $1500CAD iPod ... by pherris · · Score: 2, Interesting
    Barbarian (9467) said:
    (g) $21 for each gigabyte of memory in each non-removable hard drive incorporated into each MP3 player or into each similar device with an internal hard drive that is intended for use primarily to record and play music.
    So that means if this proposed tax goes through an iPod would cost:

    10GB iPod: $439.00 + $210 tax = $ 649.00CAD
    20GB iPod: $579.00 + $420 tax = $ 999.00CAD
    40GB iPod: $729.00 + $840 tax = $1569.00CAD

    BTW, you can buy the 12" iBook for 1500.00CAD. I love Canada but this tax is nuts.

    --
    "And a voice was screaming: 'Holy Jesus! What are these goddamn animals?'" - HST
  66. Um, IANAL, but by Lord+Kano · · Score: 1

    if you were paying royalty fees, wouldn't that indemnify you against copyright infringement claims?

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  67. Send SOCAN the bill by tekrat · · Score: 2, Interesting

    Can't you just see it when the ISP that hosts SOCAN's website (or provides them with connectivity) sends them a $50,000 per month bill (Canadian, or about $25,000 US) due to the "higher costs" of being a part of the internet?

    Remember that if Canada taxes the whole internet, then businesses, which usually have more bandwidth than individuals, will likely pay a higher percentage of this so-called tax.

    That's going to make for an interesting backlash.

    --
    If telephones are outlawed, then only outlaws will have telephones.
    1. Re:Send SOCAN the bill by Dr.+Evil · · Score: 1

      Yeah, but they get it all back. Their accountants wouldn't even blink.

    2. Re:Send SOCAN the bill by TheLoneDanger · · Score: 1

      Which is where our best hope lies, sadly enough. Only big companies have the resources, co-ordination and influence to make a difference against this sort of thing.

      If you think about it, WHY the hell should other businesses and millions of individuals pay to subsidize ONE freaking industry? An industry that creates a product that is infinitely replicable at that. What exactly do the recording companies do for this country that they deserve such recognition and entitlement? Absolutely fuck all in my opinion.

      --

      "But I trust in the people's capacity for reflection, rage and rebellion." -Oscar Olivera
  68. What's next ? by Salsaman · · Score: 1

    Isn't electricity also used by people who share music online ? Yay...let them tax electricity as well. And water...well online pirates have to drink, how about taxing the water...oh and of course they breathe too !! A tax on air would also work nicely.

  69. I think this is great by 0123456 · · Score: 1

    I can just move to Canada, pull out my old guitar, announce to the world that I am 'A Musician', and wait for the tax money to roll in. Brilliant!

    What, you mean this money won't go to the musicians, it will go to the bloated music distribution industry instead?

    More seriously, this is the whole problem with any kind of 'download tax'. Who's going to decide who's a musician who qualifies for money and who's not? If I'm putting up MP3s of my songs on my web site, do I qualify? Or will there have to be some government Department of Music to determine who's a Legally-Qualified Musician? Otherwise it's simply government-supported theft for the IP Barons.

  70. Same ol Same ol... can't keep up... by 3seas · · Score: 3, Insightful

    Business needs to change, to adapt to the benefits of our technology.

    Look at it this way:

    Technology advancements are supposed to be good for us. They are supposed to make our world better, our quality of life better.

    At what point does the old economic systems need to change in order to work in accord to such benefits of technology?

    The whole point of money is that of a value exchange system, but what happens when our production of value reaches the ultimate point of being able to supply everyone with the basic needs for near nothing?

    Lets say I'm an artist, I produce some work that is popular, I want value I can use to exchange for other things, including investments, etc.. and all of this is a matter of my quality of life and influence on the direction of things (personal power)...

    At what point of world quality of life and wealth does money hinder more than help?

    We need incentive to keep going, we need to be doing something productive that adds or helps to maintain the wealth we have..instead of becomming fat and lazy..

    But its clear that music production is alot less costly then it used to be and distribution can ultimately be practically free. Making it possible to have a higher percentage of return against the investment... which might be less than the old expensive way.

    But if cost reduction is spread across all products and services...at some point it can be reduced to near nothing.... leaving only the need for incentive to keep going...

    1. Re:Same ol Same ol... can't keep up... by Anonymous Coward · · Score: 0

      What did the CMAA [Candle Makers' Association of America] do when Thomas Edison invented the electric light bulb?

  71. Re:fp by Anonymous Coward · · Score: 0

    Btw.: this post was temporarily stored on an IDE-harddisc configured as SLAVE.

    This flamebait is dedicated to all the ugly dick-slinging sons-of-bitches niggers polluting my beloved United States.

  72. Evil dictators by kir · · Score: 1

    HEY HEY HEY! It looks like Canada is run by an evil dictator too! I mean... he's letting SOCAN run things. I guess Chretien isn't any better than Bush.

    That's the logic everyone around here seems to be using. Hear something involving the government you don't like... call Bush evil, stupid, and make fun of him. How come I'm not hearing the same thing about Chretien?

    Go ahead you crazies... flame on! Be sure to make yourselves look good and foolish!

    --
    3cx.org - A truly bad website.
    1. Re:Evil dictators by Lao-Tzu · · Score: 1

      We stopped whining about Chretien because he's leaving office. In a few months time, we will begin whining about the dictator Paul Martin and his evil plans to invade the sovereign province of Alberta with his army of Quebecois.

    2. Re:Evil dictators by Stavr0 · · Score: 1
      No. no no no no no.

      Ti-Paul is not friendly to quebecois. He gonna screw us over in ways never seen since the Trudeau era.

      Just watch him

      Btw we are ALREADY paying a levy on blank CDRs and soon on any other medium that could be used to store music. This "Internet tax" is just a logical progression.

    3. Re:Evil dictators by WildBeast · · Score: 1

      Because it has nothing to do with him, not to mention that he's retiring in a couple of weeks.

  73. creators want compensation for planet use/damage? by Anonymous Coward · · Score: 0

    not really? they just want US to stop wrecking it/killing innocents.

    they're not just kidding about that.

    the daze of the felonous ?pr? ?firm? scriptdead payper liesense georgewellian fuddite corepirate nazi softwar gangster stock markup execrable FraUDsters, is WANing into coolapps/the abyss, at the speed of right/light.

    consult with/trust in yOUR creators.... all of us will be seeing the light.

  74. I, for one,... by Anonymous Coward · · Score: 1, Funny

    welcome our music hoarding Canadian overlords. Once music sharing becomes legal in Canada, downloading it for free becomes legal for everyone in the US, but best of all, no bogus tax.

    Blame Canada, Blame Canada.

    Record sales are down,
    pirated mp3's abound.

    Blame Canada, Blame Canada.

    And sharing through proxies located in Canada. Genius! You guys might want to look into upgrading your infrastructure, you might need the extra bandwidth.

  75. SOCAN's skivvies by JackJudge · · Score: 1

    Seems like SOCAN is trying to get the Candian IP providers to do their work for them. There'll be costs involved in getting the money from the customers then assigning the correct amount to SOCAN. If you've got a lot of customers this adds up pretty quickly.
    Of course the CAIP now looks like the bad guys to Joe Public. I'd suggest the providers simply forward on a list of customers contact details to SOCAN and let *them* worry about how to collect it.
    I'm pretty sure they won't collect much.

  76. Canadian Music Industry Sues SCO by cgenman · · Score: 1

    Dr. Noidburg writes "The scourge of Internet Music and Movie sharing has the Canadian Society of Composers Authors aNd music publishers (SOCAN) pulling out their lawyers. The SCO group, which owns the copyright on the software powering 100% of today's servers, relays, and routers, will be served by SOCAN on Tuesday for their pivotal role in internet piracy. "It's about protecting our artists from those who would make a buck off of their work. 10% of SCO's $699 per-seat license should go to compensating the artists that they have based their business upon. And with SCO's estimated figures of 80% compliance, they owe us about 70 billion in back licensing fees." SOCAN declined to provide any evidence, lest their opponent fabricate enough counter-evidence to convince a judge.

  77. Stand Back! by Anonymous Coward · · Score: 0

    And let me through!

    I'm going to barf all over them!

  78. *I* claim the right to tax the internet! by aug24 · · Score: 2, Funny
    I have reason to believe that works I have written (mostly slashdot comments) are being downloaded via the naughty interweb and therefore I should be allowed to levy a tax on everyone who ever, ever accesses it. Ever ever ever.

    Justin. But call me Darl.

    --
    You're only jealous cos the little penguins are talking to me.
  79. This is crap by Bruha · · Score: 1

    Sorry guys but were going to get your broadband reduced to nillband and up your fees becuase some of you have been downloading music.. Of course we cant prove who was doing it so were going to punish everyone.

    Dont you love mass punishment.

    Same crap happened here... ISP's claim it was to stop the few from hogging all the bandwidth but it was really the RIAA/MPAA demanding they lower our broadband speeds to help curb the speeds we were downloading music. My RoadRunner before the capping frenzy ran around 3.5mbit down 1.8Mbit up.. now you can only get 768/128 verizon and SBC is worse 384/128 for the standard fee..

    Now I wish I could get Speakeasy DSL at least for a similar price I could get2+mbit up and down but my phone company has a monopoly on the phone lines.

  80. SOCAN come up with brilliant idea! by Anonymous Coward · · Score: 1

    For once the music industry is thinking clearly. I think this is a great suggestion. It's a welcome relief to find the music industry thinking about the greater good for a change.

    As others have pointed out, in many countries - like Canada and the UK - we pay a tax on TV to support the national broadcasters, the CBC and BBC. So why *not* an information tax? It's for the public good and would clear up a lot of issues in one stroke.

    The only thing we have to do before implementing the tax is nationalize the music industry. (A tax is something you pay the public. Money paid to the music industry for using blank media is not a tax, it's compensation for perceived damages.) Of course, artists will be able to choose whether and to what degree they want to be on the new Canadian Music Commons label, and will be paid accordingly.

    It's surprising that the music industry wants to sacrifice itself for the good of artists and the public. But if that's what they want to do, who are we to stand in their way? Maybe we could put up a statue or something for 'em.

  81. Jim-Bob's General Store by Anonymous Coward · · Score: 1

    I own and run a small general store in a small town in a small country. Up to now, business has been good, and my fat-assed wife and our fat-assed kids have enjoyed bounty well beyond what they deserve.

    But times are changing. iTunes cuts into our CD sales, and online grocers really destroy us.

    I have therefore gone to my local municipal government to ask for compensation through taxation. I believe Internet surfers must be made to pay for the damage they have done to my business.

    Regards,

    Jim-Bob

  82. SOCAN != RIAA by Eric+Giguere · · Score: 3, Informative

    SOCAN is a performing rights agency. It is the Canadian equivalent of BMI and ASCAP in the United States. These organizations collect money for the composers and publishers of music. They do not collect money for the recording artists. (Note that the composers and publishers are often different from the recording artists.) And they're not an industry lobby group like the RIAA.

    Eric

  83. An Question from the US by utlemming · · Score: 2, Insightful
    So if you the ISP's are forced to pay royalties, does that give you, the downloader blanket permission to download unlimited songs? This tax is impressive, I mean, with 10% plus 25cents per subscriber, that is regressive. With that rate, you ought to be granted that right. Also, does that affect all the music societies in Canada or does it just affect SOCAN? The problem I see is that the precedence would argue that the only use of the internet is for the pirating of IP, and then movies, game, etc., could take money.

    --
    The views expressed are mine own and do not express the views of my employer.
    1. Re:An Question from the US by thepacketmaster · · Score: 2
      Several Canadian lawyers have commented to the media that this does indeed give us almost blanket permission. The way it works is that if I borrow a CD from you, I can do whatever I like to it (such as make a copy for myself). This idea then gets applied to the files people share via Kazaa, etc. I'm just borrowing your files (and while doing so I make a copy for myself). Of course, it does not allow you to start distributing to other people.

      This is the cost of living in a socialistic country. We get free health care, but we end up paying higher prices for CDs, and now Internet taxes. You know that stupid rumour that always comes around about an Internet Tax...it probably gets started up here by the CRTC (Canada's Righteous Telecommunication Censors).

      --

      --

      Luck is just skill you didn't know you had.

  84. Nice theory, but... by ewn · · Score: 5, Insightful

    you are assuming that laws are logical. Let me challenge that assumption: here in Germany we pay sort of a tax on blank media and recorders. Music industry is even trying to broaden the scope of these royalties: they are currently pushing for a copy tax on printers (older link here.).

    In addition to that, there is an entity called GEMA which makes sure that radio stations pay for each song they play. Public radio and TV cost consumers a monthly fee, too.

    Recently they made a new copyright law. Copying for private use used to be legal, and strictly by the letter of the law still is, but circumventing copy protection mechanisms in order to do something the law explicitly allows you to do is now illegal. In other words: They didn't outlaw crossing the road. They made touching the ground with your feet while crossing the road a crime.

    So consumers over here are forced to pay for the same product multiple times. All attempts to set that straight have failed so far. I have a hunch that this kind of legal creativity may become an exportschlager.

    1. Re:Nice theory, but... by OldManAndTheC++ · · Score: 1

      >> In other words: They didn't outlaw crossing the road. They made touching the ground with your feet while crossing the road a crime.

      One word: stilts!

      --
      Soylent Green is peoplicious!
    2. Re:Nice theory, but... by meatpopcicle · · Score: 2, Interesting

      Here in Canada if a restaurant plays the radio in their establishment they have to pay royalties to SOCAN. If that isnt retarded I dont know what is.

      Also if the owner of a restaurant buys a CD and plays in int thier establishment they also have to pay royalties. I can sort of understand this statement, as they are not suppoesed to use these CDs for public performances.

      The first statement is ludicrous though as the radio stations already pay for the broadcasts.

      Are we as consumers going to have to start paying to listen to radio stations?

      --
      "You're on my side and the dark side, like Lando Calrissian?" --Gimpy, Undergrads
    3. Re:Nice theory, but... by darkweasel · · Score: 0

      I'm sorry sir, but you are circumventing the law. We'll be arresting you now.

      --
      .sig.
  85. Good, Sir. by Anonymous Coward · · Score: 0

    I find your comments pompus and overrated.

    I am writting this to let you know, I'll be charging you an exhorbitent service fee for having read them, and providing this insightful feedback

    You now owe be one hog's head of Linux kernals [retail value $699.00 per kernal].

  86. shameless self promotion HearsayMusic.ca by warren69 · · Score: 1

    www.HearsayMusic.ca legal canadian independent artists' mp3 download

    --
    =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=
    Daniel
    http://people.cinn.ca/daniel/
  87. Don't write this here by brunes69 · · Score: 1

    Write it in a letter, and send copies to SOCAN, your MP, and the editorial page of your local newspaper / TV station.

    Saying stuff like this on /. is pointless, you're preaching to the converted. You need to make issues such as this known to the general populace, Speak to them as a songwriter yourself and show them how this does not help songwriters, it only helps huge money grubbing corperations to suck more money out of young artists than they already do,

  88. The greedy bastards by Snaller · · Score: 1

    just need to learn that copyright is basically imoral. Earn your money by doing a job - hold a concert, fine, that's a job, you get paid for that. Someone listens to your song? No, you don't get paid for that. In the fair world that is.

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  89. Who decides legality ?(was - Re:Riiiiight) by h4rm0ny · · Score: 1


    Of course, there are two arguments against having the ISP block illeagal data. The first is the technical difficulty of detecting it which most /.s are probably familiar with. Not every music file is called Britney_Spears_Bootleg.mp3 and that's not even touching the ways that pirates can fight back ("Arghh!") and the logistics of scanning those file names.

    The second issues is more subtle and that is who is deciding the legality of this data? Does the **AA just send a list of filenames to all ISPs that they are obliged to block? What grants the **AA this authority, what about disputes over legality, are the ISPs liable?

    The first issue is what gets most /.s rolling their eyes, but the second might be what the lawyers see as a nightmare.

    Of course there is the ethics of scanning everyone's internet traffic without just cause or warrants, but let's keep to things that might have an effect. :)

    --

    Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
  90. Sucks to be a Canuck by Anonymous Coward · · Score: 0

    Eh?
    Tell me what else is new.

  91. How can a court just create a tax? by Anonymous Coward · · Score: 0

    Anyone beginning to see what the problem is when you start allowing courts to rule on what's "right" instead of what the actual law is?

  92. Compulsory Licensing by Hamfist · · Score: 2, Interesting

    This isn't so bad. It actually means that they're giving up the fight over control. They still get paid, but I can download whatever I want. It's the same logic as the CDR levy. It's really not that heavy for the end user. I suspect that the pool will be expanded at some point to include movie publishers, software publishers, etc.

    Once that is law, just imagine how easy it would be to find a high quality copy of your latest favourite song instead of a buzzy Kazaa mp3.

    It doesn't imply that the end user is a criminal, it does imply that it's an activity that almost everyone partakes in. This seems like an equitable way to solve the problema and make it go away. Very Canadian.

    1. Re:Compulsory Licensing by 0123456 · · Score: 2

      "I suspect that the pool will be expanded at some point to include movie publishers, software publishers, etc."

      Now explain why the _publisher_ should be getting any money, if I'm legally downloading a copy of a song from a P2P service. Any money that is paid should be going to the people who made the song, not to some middleman who's become totally irrelevant.

      And what if you're downloading a song that I recorded with some mates in my garage? How am I going to collect my money from this "compulsory license"?

      "This seems like an equitable way to solve the problema and make it go away. Very Canadian."

      No, it's crony capitalism, stealing money from the majority of the population to give to a special interest group in the business world. You can be damn sure that almost all that money will go to big corporations, and little to individuals who make movies or music.

    2. Re:Compulsory Licensing by Hamfist · · Score: 2

      Actually, SOCAN covers all musicians and all songs, even if recorded in your garage. You register with them, and every once in a while you get paid. They maintain a giant registry of copyrighted works, claim royalties for performance of copyrighted works, and distribute the money to ARTISTS.

      The RIAA is not a publisher, but the holder of the mechanical rights (the right to reproduce). In the US, the guardian of copyrights is ASCAP. They pay money directly to artists. If you analyze the famous Courtney Love math quiz on royalties, she conspicuously leaves out ASCAP royalties.

      As to the 'legally downloading' bit, how many legal tunes do you have? If you have none, you are amongst the 1%, and I applaud you for that.

      What I was hoping you might take issue with was the key point of my argument, which is that this type of licensing removes the control over use. No DRM, no lawsuits, use it how you want it.

      SOCAN is actually pretty good at what they do. A friend of mine recorded a jazz record that got played maybe twice on the CBC, and he gets a check for about $100 every couple of years. Now if the RIAA started to get in on it, that would definitely fall under 'capital cronyism', as holders of mechanical rights already get their share based on CDR sales in Canada.

      Now if you compare CDR prices in Canada to the US, you will see that there is very little difference in the price.

      If you ask the RIAA, et al, if they like these types of licensing schemes, the answer is generally 'no'. Because they lose control of the product.

      Thanks for your response. It made me realize that I wasn't being clear enough.

    3. Re:Compulsory Licensing by dubstar · · Score: 1

      The problem is that the recording/music/movie/whatever industries will NEVER be satisfied with what they get from us (the consumers). They will always want MORE money.

      With the 'blank media' levy for example they were trying to expand it to include hard disk drives, flash memory, and personal music devices. So if that levy and this proposed levy on ISPs should both happen to go through, you are taxed to buy the blank media, taxed to download the song, taxed to buy a hdd to write it to, taxed to buy a burner to write it to a cd (seperate tax on the media and the burner), then taxed again to play it on your MP3 Player/CD Player. On top of that the same industries are going out of their way to ensure that you CANNOT copy (Copy Control/Copy Protection/SACD/DVD-Audio/DRM) your legitimately purchased music CD to the devices you were taxed on.

      I also have to pay those taxes regardless of whether I downloaded the song, or bought the CD. So whats the incentive for me (or any other Canadian) to ever purchase music again? There is none... The industries involved lose more money, and... lobby for MORE levies and taxes.

      I don't see how that solves the problem, or makes it go away - but I will concede that it must be 'Very Canadian', if it has to do with paying more taxes.

    4. Re:Compulsory Licensing by Hamfist · · Score: 1



      hehe :) more taxes for sure. Funny, but pursuing that more would definitely be offtopic :)

      Have you checked the difference in price between CDRs in Canada and CDRs in the states? Fairly similar. The supplier eats most of the levy to stay competitive. I don't believe that this will spiral out of control down the slippery slope.

      Fortunately, Canada has not ratified its WIPO obligations re: the anti-circumvention clause of the DMCA. That's because after Canada saw the result in the US, it realised what a mistake it was. Much better to levy someone and hope they don't notice instead of slapping them in the face with 'we own this, you can't copy it'. Lesser of two evils, for sure. If any new levy were applied, it would need to include a review period. The problem is that there aren't enough legitimate sources for copyrighted material.

      The levy expansion failed because it was ridiculous. The thought is to charge for megabyte of storage, how dumb. The computer market would die with a levy like that and they knew it. On the other hand, if there was a 5 dollar levy on your 200GB hard drive, the end difference to you would probably be 2 bucks as the manufacturer/supplier/distributor eats the rest.

      Not a bad deal for unlimited copying. I suspect we'll see 2 markets for electronics shortly, DRM loaded electronics for anti-circumvention laden countries, and compulory licensing for non anti-circumvention countries.

      Re: Canadian style solution. More of a socialist way of approaching problems, as compared to the hardcore capitlast viewpoint south of the border.

      Thanks for the reply.

  93. You have not thought this through. by Anonymous Coward · · Score: 0

    You need to establish a trade route to subsidise the fuel both ways. I might recommend diversifying your cargo. Say have cigarettes and have CD-R. Then smuggle bongs and pot back into the US. The beauty part of that is, the bongs and pot can be sold together. That is synergy my friend. Only problem is your butt might end up being the butt in someone else's prison rape joke. And as some slashbots are quick to remind us, that is, under no circumstances, funny. Even if there is a novelty sphincter buzzer involved, it is still not funny.

    1. Re:You have not thought this through. by Lord+Kano · · Score: 1

      You need to establish a trade route to subsidise the fuel both ways.

      Not if the profit is high enough on initial trip.

      Say have cigarettes and have CD-R. Then smuggle bongs and pot back into the US. The beauty part of that is, the bongs and pot can be sold together. That is synergy my friend. Only problem is your butt might end up being the butt in someone else's prison rape joke.

      Greed is the problem with far too many schemes. Be happy with the low risk profit that you make. Why fsck yourself by trying to make "a little more"?

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  94. Cap Canadians from dl'ing Linux by barks · · Score: 2, Insightful

    What if I'm dl'ing a copy of a new Linux distro but all the ISP's see is bandwidth usage?

    Does that mean I'm to pay extra to obtain freeware?

    I'm not "legal educated", but can the empty pocket publishers generalize justification to everyone despite whether they're dl'ing slopyyrighted garb or not? Would that not be the equivalent of burning everyone and calling them witches?

    1. Re:Cap Canadians from dl'ing Linux by Anonymous Coward · · Score: 0

      Well, you can likely justify that a certain percent of traffic is music - and a (large) percent of that is copyrighted. Apply that figure to the total use. Sure, not everyone will follow typical patterns, but you can hit a lot of people this way

  95. This is bullshit by AngryWookiee · · Score: 1

    This is bullshit, in Canada we already pay a tax on blank media that goes towards music artists and now they want to tax ISP's, which will then pass the tax onto the users. What if I don't download music why should I have to pay this tax? This is just another way for the music industry to make more money.

    1. Re:This is bullshit by WildBeast · · Score: 1

      Personally I don't download nor listen to music. So I say, fuck'em.

  96. This is just plain stupid of them by Anonymous Coward · · Score: 0

    If people will start paying a tax for the stuff they "steal" then it's not theft anymore. At least I think that's how reasonable people will see it. It will actually legitimize the sharing of music and movies.

    The SOCAN (or whatever their name is) are just shooting themselves in the leg here.

    1. Re:This is just plain stupid of them by WildBeast · · Score: 1

      hehe true. It will be quiet legal to download music then since they're being paid for it.

  97. Tell SCO that SOCAN uses LINIUX!... by NoSuchGuy · · Score: 1

    and tell SOCAN that SCO uses the Internet without paying royalties to them!

    NoSuchGuy

    --
    Grundgesetz * 23. Mai 1949 - 30. November 2007 - http://www.vorratsdatenspeicherung.de/
  98. Oh rats... by Anonymous Coward · · Score: 0

    I guess I'll stop spending all my free time listening to Canadian Rock and Roll...

    Oh, wait - I never listen to any music from Canada.

    Do they have bands up there?

    1. Re:Oh rats... by fishbowl · · Score: 1

      Rush, Neil Young, Our Lady Peace, Sarah Mclachlan, Nelly Furtado, The Barenaked Ladies, Crash Test Dummies, Bryan Adams, Tragically Hip, Shania Twain, Celine Dion, just off the top of my head.

      There are lots of others, but, this probably just reinforces the fact that you don't care about Canadian artists. I wonder if there are more Canadians in TV or film that you'd care fore.

      --
      -fb Everything not expressly forbidden is now mandatory.
    2. Re:Oh rats... by Anonymous Coward · · Score: 0

      they just assume since the songs play on the radio that they are american artists and the actors they see in the movies are americans, when in reality canada has many top rate artists, actors, etc.

  99. I don't think he quite got it by SmallFurryCreature · · Score: 3, Funny
    You see if you make it available for download then I presume you have an account with an ISP somewhere right? So the RIAA will tax you for that account and they will then send that money to proper artists not independent commies like you. Got it?

    The above was an attempt at humor

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:I don't think he quite got it by BeneathTheVeil · · Score: 3, Interesting

      You mean, humour, right? ...this is an article about Canada, after all.

      Kidding aside, your post did make me realize I should clarify a little bit... obviously, if the music is freely available, and there is no commercial version of it (on CD, CD-R, as pay-for downloads, or any other media)... then it wouldn't make sense to expect money. I should only expect a percentage of what I charge for the songs.

      I do however, have a commercial disc coming out in December, and another in February/March... neither of these, will be available as free downloads (of course, I will have no problem with people ripping, and sharing the music... if they don't make money from it, then there is no harm done for me... quite the opposite, it means more potential fans, and potential CD sales)... so at that point, since we can assume the music will be traded eventually, one way or another, I can assume that I would be owed some of this 'tax'.

      Of course, we all know 'indie' artists will never see a cent... not without making a lot of noise about it, at any rate.

    2. Re:I don't think he quite got it by JayBlalock · · Score: 1

      That's an excellent point. Does your court system allow for Amacus Briefs to be filed by anyone? It might be worth sending one in, pointing out this flaw in the plan.

      --
      Bush: He's Liberal in all the wrong ways.
    3. Re:I don't think he quite got it by Jardine · · Score: 1

      Of course, we all know 'indie' artists will never see a cent... not without making a lot of noise about it, at any rate.

      Sure you can. All you have to do is register your songs with SOCAN. A couple times per year they calculate how many times your songs were played publically (mostly measured by how much it's played on the radio). Hopefully your indie songs will be played by some college radio station a couple times during the survey period so you can get a cheque for $2.

  100. Re:Actually... - wrong by Anonymous Coward · · Score: 1, Informative

    >And no, there is no actual difference between the 2 types of CD-R, just how much you pay.

    Wrong, buddy. There *is* a difference. There's audio units that can record audio CDs, however these units will only accept *music* CD-Rs.

    I've been told the music CD-Rs have something pre-written on them that those units look for when trying to write on the CD.

    After all, if there wasn't any difference, why would people pay almost 10$ for 5 music CD-Rs when they can get 50 data CD-Rs for about 40$ (let's stay with the prices of good CD-Rs such as Fuji, for the sake of the argument)

    So thanks for your input, thanks for trying to help and all, but please quit now before you really fuck the facts for the others!

  101. Re:SOCAN? == 'AN SCO' by Anonymous Coward · · Score: 0

    what about AN SCO like?

  102. I think I speak for every Canadian... by Anonymous Coward · · Score: 1, Funny

    I think I speak for every Canadian when I say:

    Take off, eh!

  103. Invoice by Pyrosz · · Score: 2, Interesting

    Since I don't download music or movies on my net connection that I already pay $50/month for, SOCAN will be getting a bill from me if this passes. I'm not paying for something I don't "use". I'll send a monthly bill to them for whatever the increase is and let a collection agency have it with them. They can come and look over my computer to see what I have/don't have on it.

    --

    An optimist believes we live in the best world possible; a pessimist fears this is true.
  104. I watched this segment... by peter_gzowski · · Score: 1

    and the internet service provider's position was at least represented by an eloquent speaker. I was surprised, however, that the segment noted that Canadian radio stations pay SOCAN a chunk of money, but nobody made the obvious (to me, anyway) observation that the people who enable radio communications are not paying SOCAN. The ISPs are saying, "don't go after us, go after the people who are distributing your material, like website owners, internet radio djs, etc." To drive the point home, they should be saying, "you don't get a check from the guy who builds the radio tower, or the guy who puts up the antannae, do you? then leave us alone for providing an infrastructure"

    --
    "Now gluttony and exploitation serves eight!" - TV's Frank
    1. Re:I watched this segment... by mindstrm · · Score: 1

      Exactly.

      Further.. what, exaclty, is an IPS? If you and I hook our homes together via a dedicated wireless link, are we now an ISP? WHat if we all do it?

      At it's heart, the Internet is just a bunch of stuff hooked together... you tax us too much one way, we'll find a cheaper way to connect together.

  105. Actually... there is! by trezor · · Score: 1

    The difference is that stand-alone (hifi) cd-recorders require Audio-CDRs in order to burn anything. At least as far as any I've seen.

    If you got a PC however, this is a non-issue.

    --
    Not Buzzword 2.0 compliant. Please speak english.
  106. MoFos by Anonymous Coward · · Score: 0

    Greedy bastards. Penalize everyone because of the minority. Typical. They better not do this, we're already taxed enough as it is. I don't know why I have to pay for their crap being downloaded by someone else.

  107. i actually wonder the same thing. by themusicgod1 · · Score: 1

    but i can guarantee you unless you are a member of SOCAN, or have your Artistic Lisence (unless this licence is a provincial thing here to saskatchewan, which i'd highly doubt...)...your chances of getting any of this royalty stuffs is pretty slim.
    i'm pretty pissed off at this, actually.

    --
    GENERATION 26: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
  108. Media execs cross the line. by Anonymous Coward · · Score: 0
  109. ARGH! Net Myth! by AndroidCat · · Score: 1
    Would someone take this net myth out and shoot it? I've already debunked this trash a couple times on Slashdot and I can't be bothered doing it again.

    Please carefully read the whole damned section including the second part.

    --
    One line blog. I hear that they're called Twitters now.
  110. consider it paid for by naoiseo · · Score: 1

    wicked, so now we can all think that we're paying for the music we're stealing, and steal more of it, guilt free.

    till we ensure that we leave SOCANs left foot bleeding, right hand smoking.

  111. Sunlight Tax? by ewn · · Score: 1

    A tax on sunlight? Something similar has been suggested before. More than 150 years ago Frederic Bastiat wrote his satire where the light manufaturing industries complain about the unfair foreign competition from the sun and ask the lawmakers to outlaw windows. Excerpts:

    "We are suffering from the ruinous competition of a foreign rival who apparently works under conditions so far superior to our own for the production of light that he is flooding the domestic market with it at an incredibly low price; for the moment he appears, our sales cease, all the consumers turn to him, and a branch of French industry whose ramifications are innumerable is all at once reduced to complete stagnation. This rival, which is none other than the sun, is waging war on us so mercilessly that we suspect he is being stirred up against us by perfidious Albion (excellent diplomacy nowadays), particularly because he has for that haughty island a respect that he does not show for us."

    "We ask you to be so good as to pass a law requiring the closing of all windows, dormers, skylights, inside and outside shutters, curtains, casements, bull's-eyes, deadlights, and blinds--in short, all openings, holes, chinks, and fissures through which the light of the sun is wont to enter houses, to the detriment of the fair industries with which, we are proud to say, we have endowed the country, a country that cannot, without betraying ingratitude, abandon us today to so unequal a combat."

  112. Where's the content I paid for? by Warhammer · · Score: 1

    My problem with this situation is the same one that I have with the current CD tariff. I use black CDs all the time for backing up my HDs and for Linux distros. I have bought a over 100 blanks in the last couple of years.

    But the thing is, I don't like most of the music that's being put out these days. There are a few bands that I don't mind but nothing that I really go out of my way for, so therefore I don't copy my friends CDs and don't download much from the internet. But I still have to give the recording industry my money. So my question is, if I'm paying for all of this content, where is it?

    This is the problem with blanket royalties, it assumes that I'm a criminal and punishes me for it. Even though I have no interest in the product that I'm suppose to be stealing.

    It really pisses me off because not only I'm I paying for content that I'm not recieving, but it also means that if I actually want to support an artist and buy their content, I'm paying for it twice.

    And now if they bring in the internet tariff I'll be paying again, from something I STILL DON'T WANT!

    --
    "Microsoft wants to own your identity and rent it back to you for a few bucks per month," - Clay Shirky
  113. Next proposed tax? by bobthemuse · · Score: 3, Funny

    I'm waiting for the tax on all people with ears. Those people with ears are untrustworthy! They could be walking along one day and hear music created by starving artists just trying to get by. They should pay royalties to be able to listen to other people's music!

    1. Re:Next proposed tax? by Anonymous Coward · · Score: 1, Funny

      Don't forget people with eyes as well. They might see some starving artists painting or short film and not pay as well. They should pay royalties to be able to see other people's art.

    2. Re:Next proposed tax? by Anonymous Coward · · Score: 1, Funny

      Hey, don't forget people with a sense of touch! They may even be blind and deaf, but they could still feel a poor starving sculptor's work and try to get by with not paying. I mean COME ON! They should pay royalties to feel other people's sculptures as well.

    3. Re:Next proposed tax? by Anonymous Coward · · Score: 0



      Remembering is copying, and copying is THEFT!

  114. Ridiculous by AdamD1 · · Score: 2, Insightful

    SOCAN is the Canadian equivalent of ASCAP or BMI. Performance Rights royalties. ie: any public performances of a copyrighted work.

    The model which was created for radio, we're talking back in the 1920's here, was that radio stations apply for licenses to be able to play copyrighted works over the airwaves. All well and good. It means that radio - for the consumer who's listening to it - remains "free," since the stations are the ones paying for the music itself.

    What SOCAN is asking for here is the equivalent of asking a record store - a place where a consumer already pays for recorded music - to also pay this licensing fee. Which is retarded. Unless they are limiting this only to single hosts who provide ONLY streaming audio (which they are not) I could see it. An entire ISP which may or may not be carrying audio files, audio streams, etc.: that's ridiculous.

    Canada's government - and the governments of other media-producing countries - require someone under the age of 75 in these organizations (and the legal community) to speak to both the legal and technological aspects of the changing nature of music distribution. Continuing to apply this nearly two-century-old model to something as "new" as streaming and file downloads is just stupid.

    ad

    --
    Because I can! [Brainrub.com]
  115. Programmers Unite! by zpok · · Score: 3, Interesting

    Here's the thing:

    I don't mind those taxes on blank CD's and wouldn't mind taxes on bandwidth. As long as they are for the end user minimal in impact. No tax should stiffle growth.

    But the stupid thing is: why should the music industry have sole benefit?

    Come on, guys/grrls! Programmers Unite!

    A shitheap of illegal and legal downloads and copies are made of your work.

    In the end, if the money is well spent I say: "More power to you", but for every ten CD's I burn, maybe one is music - LEGALLY aquired, thankyouverymuch - and the rest is backups, pictures, my own work and programs. I actually don't think I'm very different in this than most people.

    Cheers

    --
    I think, therefore I am...I think.
    1. Re:Programmers Unite! by rockabilly · · Score: 1

      Good idea. Do your programs have music in them like those little midi-style songs? If so, you'll get twice the amount since you'll also be considered the creator of that music.

      Hmmmm....

    2. Re:Programmers Unite! by zpok · · Score: 1

      :-)

      But serious, the only reason composers are getting their due is because they are strongly represented through their organization.

      There is absolutely no proof that 100% of blank CD's are used for copying - and illegal copying at that.

      So there's no rational reason to have all those taxes go to composers.

      --
      I think, therefore I am...I think.
  116. Are we sure.. by T9D · · Score: 1

    Are we sure that this is going to be a "tax" on everybody's connection? It sounded to me like the ISPs would be forced to tally up the songs you download and pay only the royalties for that song. The issue was that those costs would be passed on to the user, and the software for checking for song downloads would slow down the connection.

  117. You guys aren't taking this one step further by GreenCrackBaby · · Score: 4, Insightful

    I see a lot of "this isn't so bad" comments, but you really need to take things one step further.

    So $5 per month gets added to our ISP bill (it won't be a tiny amount), and now the music industry is happy. Now it's the movie industry's turn -- let's add another $5. Oops, software association is losing their money too -- $5. Almost forgot ebook publishers -- $2.

    And if past performance on our CD-levy is anything to go by, that rate will just keep rising. Every year the "levy" we pay on blank CDs keep climbing. What's to stop them from hiking the "levy" on ISPs each year?

    This could turn into a mess quickly.

    --

    "The market alone cannot provide sufficient constraints on corporation's penchant to cause harm." -- Joel Bakan
    1. Re:You guys aren't taking this one step further by Hamfist · · Score: 1


      While I agree that the result of your example is correct, I don't believe that it would happen that way in practice.

      The Levy on CD's in Canada makes no appreciable difference in the price of the CD. The supplier eats it to stay competitive. What it actually means is 'less profit' for ISPs, which they surely would be against.

      The intereseting thing about this royalty is its based on 'performance rights', which is what SOCAN controls. ASCAP and BMI in the US are similar. I'm not sure what the group is that collects those types of rights for the motion picture industry (Screenwriters Guild?).

      Bottom line is that this type of royalty will not raise the price in any appreciable manner. An attempt to relegislate the CD levy is not doing very well.

      That this works in Canada has very much to do with Canadians and their approach to problem solving. We're real communists up here.

    2. Re:You guys aren't taking this one step further by Reziac · · Score: 1

      Well, fact is, it DOES happen that way in practice.

      Take California property tax. Pegged at 1% max by law, yes? Except that doesn't restrict what can be tacked on. As it stands, there are now so many "special assessments" (most of which do NOT require voter approval) that *effective* property tax is back up to around 2%, and growing.

      It's the same with any "only a little bit won't hurt" tax or fee. Unless it specifically disallows ALL future riders, add-ons, amendments, etc, sooner or later it grows, as each special interest decides they want a cut of the pie.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    3. Re:You guys aren't taking this one step further by Hamfist · · Score: 1

      Good point. Thankfully I don't live in California having to pay the property taxes :)

      Any carefully crafted legislation could prevent that. Fortunately for Canadians, the lobby groups are not as powerful in the US, so our members of parliament only rob from us to pay themselves, not an industry lobby.

    4. Re:You guys aren't taking this one step further by Reziac · · Score: 1

      Unfortunately, no matter how carefully crafted, every such tax or fee has some loophole that allows it to grow over time. :( Sometimes not even in an obvious way, but rather by enlarging the scope of WHAT is taxed, rather than how MUCH it is taxed.

      Canada may not have the heavy-duty lobbying groups, but that's probably because Canada doesn't have big-assed concentrations of certain industries, either. OTOH, Canada does have Cretin^H^H^H Cretien, to help make up for this terrible oversight :)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    5. Re:You guys aren't taking this one step further by Hamfist · · Score: 1

      Aww, don't make fun of Chretien. He's not so bad.

      He may look like Eddie Van Halen while soloing, but at least he's entertaining :) He also didn't sign on to invading Iraq this time, though he did in Gulf War I. Canada is still holding on to a relatively positive economic outlook.

      There was a protester that violated his personal space once. Front page picture of Jean gripping this guy by the collar and pushing him away. He was wearing dark glasses. When he was interviewed and asked what happened, he said in a Terminator monitone: "He was in my face.... So I took him out..."

      Good points. I still don't know what is actually the right way to go on the whole digital media thing. People do need to get paid. The question is, what's the most equitable way to do it that leaves the majority of control over purchased works in the hands of the Consumer. I don't believe DRM (any DRM) has much to do with consumer control, as it is ultimately tied to unique identifiers and other privacy unenhancing features.

      I guess I'm still a bit closer to supporting types of compulsory licensing, based on the following argument:" The Internet Users have decided that they wish to share copyrighted content whenever and wherever they want without anyone getting in their way and without tracking them. They will win that fight. How can we still make money"

    6. Re:You guys aren't taking this one step further by Reziac · · Score: 1

      I suspect the biggest power under the covers, fighting tooth and nail for DRM and for preventing the proliferation of freely-distributable MP3s, is the advertising/marketing industry. With MP3s, you don't need radio as your main source of "free advertising" (free samples to entice buyers in due course). Without radio, there goes a huge chunk of the advertising/marketing industry. Remember, *they* aren't in it to sell a PRODUCT; they are in it to sell ADS to the *manufacturer* of that product. And commercial radio exists primarily to deliver ads, which generate all the income for the broadcaster. The music content is merely the hook by which they get you to listen to ads.

      So, how can we still make money? The advertising and marketing facets may be SOL, but it's not our job to keep their business model intact. The obvious route (as iTunes amply demonstrates) is making content readily available to the consumer via the channels that the consumer is currently using. But a few cents, or even a buck per downloaded song is nothing compared to the ad revenue lost if those ears are no longer glued to commercial radio. So the real question is, how do we deliver this same advertising in a way that the consumer can't avoid hearing if they want to get those songs? And that can't be done. No one would download songs with commercials in the middle.

      The artists aren't even a factor in this fight (certainly not a financial factor), they're just the convenient "victims of downloading" to try to guilt-trip consumers back into advertising-land.

      I'd far rather pay a quarter direct to an artist's MP3 download site than listen to shitty repetitive radio ads, wouldn't you? And that's what they're really afraid of: artists who can't be controlled by contract can suck money out of the ad market (which also drives broadcaster profit), by their material being available in an ad-free space.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    7. Re:You guys aren't taking this one step further by Hamfist · · Score: 1

      I think iTunes without the DRM would be just fine. I think most people would buy. I definitely don't feel sorry for advertisers losing money.

      Maybe Pop stars will have to start doing product placement within the music. Hip Hop stars already do. They love to spout off about their brands.

      I remeber shooting a sailing/cruising movie with a family friend years ago. It made it onto very small scrrens (think auditoriums). He got 500 bucks CDN (.80 US :) for always drinking Miller and making sure it was occaisionally visible.

      Anyway. we've probably run this thread into the ground, I imagine there's noone reading at this point other than us :) If you wan't to keep jabbing, feel free to write me r_k_e_r_r_@_n_o_s_p_am_b_c_b_e_a_r_i_n_g_._c_l, drop the nospam and the underscores.

      Hamfist

    8. Re:You guys aren't taking this one step further by Reziac · · Score: 1

      Hmm. Product placement may help explain why I don't like hip hop. :)

      Anyway, yeah, we've about unraveled this thread :) But I'll see ya round here again, I'm sure. -- My email is plastered all over my websites, so I'm easy to find. BTW, where the heck is .cl?

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    9. Re:You guys aren't taking this one step further by Hamfist · · Score: 1

      .cl would be chile.

      Ass end of the world.

      I'm Canadian, but I've been down here for 5 years.

    10. Re:You guys aren't taking this one step further by Reziac · · Score: 1

      Ah. I feel for you. Hopefully living in Chile is being made worth your while!

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  118. Sorry, but I have to agree with SOCAN here by Anonymous Coward · · Score: 0

    Something has to be done about all of the Anne Murray, Loverboy & Celine Dion downloading going on out there!

  119. Too late. by Anonymous Coward · · Score: 0

    This is NOT a workable solution. I already asked for royalties on Net usage ... and so I should be paid before Canadian Music Industry weenies.

    There is no point for me being in business if everyone is going to steal my work. People just download my software WITHOUT PAYING. I spent a lot of time collecting the very best open source and public domain software - SHOULDN'T I BE COMPENSATED for these efforts???

  120. Bloody Hell by Etriaph · · Score: 1
    Ok, so first off I live in Canada.

    Secondly, The Supreme Court of Canada should never make a ruling in which it punishes all the children for a portion of the children's activities. I realize that our government is corrupt and there's no hope for us, but this is going too far.

    "Hello Canadians, this is The Liberal Party speaking. Though many of you have done nothing wrong, you will all be taxed by the music industry, because we get to tax them. Blame them though, they did it! It has nothing to do with the fact that we have appointed several of the Justices in the Supreme Court! Blame the music industry, don't look this way, ignore the man behind the curtain while we collect taxes from you until you bleed from your eyes!"

    Soon, they will tax air.

    --
    "It's here, but no one wants it." - The Sugar Speaker
  121. the proposed rates (levy) in Canada by Anonymous Coward · · Score: 1, Informative

    The levy is the main reason why I purchased a MP3 player with internal hard drive now rather than wait for perhaps a newer model with more features, etc. - for an MP3 player with a 20 gig hard drive it will cost an additional $420 - hardly an "invisible" amount. Maybe they would even put the levy on internal cache memory on the player?

    For the official information on the levy people can go to http://www.cb-cda.gc.ca/tariffs/proposed/c09032002 -b.pdf for a pdf with legal details. For less formal info and background just Google.

    Did not see anyone posting this - perhaps people don't know the rates proposed. Here they are:

    (a) 60 for each audio cassette of 40 minutes or more in length;

    (b) 59 for each CD-R, CD-RW or each unit of any other type of recordable or rewritable compact disc of 100 megabytes or more of storage capacity;

    (c) $1.23 for each CD-R Audio, CD-RW Audio or MiniDisc;

    (d) 0.8 for each megabyte of memory in each removable electronic memory card, each removable flash memory storage medium of any type, or each removable micro-hard drive;

    (e) $2.27 for each DVD-R, DVD-RW, DVD+RW, DVD-RAM or each unit of any other type of recordable or rewritable DVD;

    (f) 2.1 for each megabyte of memory in each non-removable electronic memory card or each non-removable flash memory storage medium of any type incorporated into each MP3 player or into each similar device with internal electronic or flash
    memory that is intended for use primarily to record and play music;

    (g) $21 for each gigabyte of memory in each non-removable hard drive incorporated into each MP3 player or into each similar device with an internal hard drive that is intended for use primarily to record and play music

  122. Here we go AGAIN. by ScrewMaster · · Score: 1

    Regarding the RIAA and it's various clones: what is this collective presumption that they, of all industries, are somehow special? What are they, some kind of natural resource that needs to be protected against poaching or theft? Is industry-spawned music just so goddamned important that the most powerful tool for worldwide technological and cultural advancement ever invented, the Internet, must be dismantled or neutered? Who are these people?

    One can imagine the state of technology and civilization today if, say, Thomas Newcomen had sued James Watt for vastly improving Newcomen's primitive steam engine, or had gotten a law passed making such improvements illegal. These people need to be made aware, by whatever means, that they are of so little consequence to society that the rewriting of key portions of a nation's legal system to suit their own ends is absolutely UNACCEPTABLE.

    I understand the argument that copyright is important, and that the rights of copyright holders under those laws are important (John Hancock might disagree with that, and the validity of the copyright concept itself is even more questionable now that it was two hundred years ago.) Still and anon, Copyright has long been an important part of our culture and isn't going to go away soon. But (and this is an important "but") those rights have always been strictly limited, to provide balance between the need to encourage the creative spark while simultaneously promoting the public domain. The Founding Fathers were were pretty sharp, actually, and for a long, long time these principles worked very well. But lo and behold, here in the 21st century, we find that the LAW itself requires more defense than does the actual content it is supposed to "protect"!

    The problem with all monopolies is that they have a fixed lifetime, in that some technological (or cultural) change will eventually knock them from their perch (that is, if their own bad decision-making doesn't do them in first.) This has happened countless times before (George Gilder coined the phrase "Creative destruction" to describe this phenomenon) but what makes the RIAA/MPAA and their evil siblings abroad so dangerous is their willingness to buy law, any law, without any thought to damage done outside their own little piece of the economy. It is bad enough when corporate leaders abuse their own employees. It's another thing entirely when they attack core elements of their own countries legal systems. People with so little social consciousness should simply not be allowed to run billion-dollar corporations.

    --
    The higher the technology, the sharper that two-edged sword.
  123. A tax on MY internet usage? by Spl0it · · Score: 2, Interesting

    Okay let me just iron out this issue. I will be forced to pay more for my internet access because they are going to assume I'm downloading illegal/copyrighted material? Thats idiotic, everyone knows assumptions are the mother of all fuckups. I download on average maybe 1-5songs a year. Usually they're songs from the collection of old cds I have boxed up in my closet which I failed to unpack after moving here three years ago. If my internet fee's go up even $1 for this crap, you can expect me to go buy a few 200+gig drivers, and download, download, download. What garbage, I allready have to pay royalties when I buy cd's and burn knoppix, or debian or anything personal for that matter. I wonder if Rogers' (Canada's largest ISP) new limit of aprox. 30gigs a month has anything to do with pressure from groups like this? Considering if you call Rogers they will not give you an exact number just say 'I guess about 30gigs' pretty pathetic if you ask me.

    --

    No, this is
  124. Its hard enough as it is. by Anonymous Coward · · Score: 0

    Fine I will just use the money to buy a larger harddrive to store this stuff instead. But slower speeds and extra costs just to access the internet?

    I thought it was funny when a competing service was trying to get me to use their service when they mentioned they have a five gig cap per month, and my current service doesn't seem to have any cap at all.

    Sheesh five gigs! I can go through that in a DAY! For legit reasons too, like grabbing all the ISOs of a distro.

    Gosh will we have to pay for EVERYTHING that could be possibly be transferred over the net, next newspapers will want a cut cause we might read it online instead of buying dead tree versions. Even though they make them available LEGIT online.

  125. Anonymous Coward by Anonymous Coward · · Score: 0

    Hey,this guy Anonymous Coward sure owns a lot of comments here on Slashdot! Oh wait, that's me! I sure own a lot of comments here on Slashdot. I think there ought to be an extra 1% tax on those ISP's to compensate me for all those people viewing my words of wisdom and humour!

    A.C.

  126. Which is Worse? by SpamJunkie · · Score: 1

    This really makes me angry. I avoided joining SOCAN and have released all my music over the internet free of SOCAN. Most of it has been played in the States anyways, where I'm also free of the RIAA and such.

    It's cost me a lot of potential money as well. One morning radioshow played my song very frequently they told me, and that I would be getting royalties for it. However since I don't belong to the proper Unions and such I didn't see a dime.

    I must admit though, with stunts like this and SOCAN's other anti-piracy initiative, the levy on all blank media, it's getting worse here instead of better.

    I'm feeling more American every day.

    1. Re:Which is Worse? by thebatlab · · Score: 1

      "I'm feeling more American every day."

      *slow motion scream* Noooooo!!!! Stay away from the 'light'! :)

    2. Re:Which is Worse? by SpamJunkie · · Score: 1

      But the light is the color of money!

  127. Remember... by AyeRoxor! · · Score: 3, Funny

    "Consumers could very well see an increase in their Internet costs and they could see a slowdown in the transmission speed of their Internet communications."

    But remember, the law would be for your protection and to serve the interestes of the people, as all laws must do.

  128. Apparently? by LPetrazickis · · Score: 1

    Apparently Internet music and movie sharing in Canada has gained enough popularity to turn the heads of the music and movie industry.

    That's right. Laura Secord, the proud Inuit owner of our country's only computer, has dialed up with her revolutionary 14.4kbps ATi modem and downloaded an OGG by Voivod from Kazaa.

    Apparently my ass.

    Yes, I am bitter. Fine, I'll cut down on the caffeine.:)

    --
    Is this a sigs-optional kind of place? 'Cause I am totally down with that if you know what I mean.
  129. How many artisits does SOCAN have? by Anonymous Coward · · Score: 0

    Rush is one I can think of.

  130. Sounds UNreasonable by chef_raekwon · · Score: 1

    As long as the fee is small enough ( $1 per month per DSL connection) it seems fair enough

    i understand your point - however, i dont download music. i dont listen to shitty music. why should i have to pay for it?

    you are lumping music together with universal health care, education, and civil liberties. Do you really think it merits this attention?

    --
    We're like rats, in some experiment! -- George Costanza
  131. Tax on MP3 Players? by velkr0 · · Score: 1

    Doesn't make more sense simple to extend the blank media tax to MP3 players and even hard drives?

    A tax on your MP3 player, seems more fair than a tax on your internet connection.....

  132. Re:Whoooah - Buffaloed? by tompoe · · Score: 1

    The money only goes to a handful of famous "singers".

    I doubt it. In fact, I say flat out, they never see a penny. In fact, the singers are charged enormous sums of money to get on the "list" to receive money they'll never see a penny of. In fact, the singers are then tossed to the garbage if they complain that they're paying enormous sums of money to get on the "list" to receive money they'll never see a penny of.

    Time to leave the world of RIAA/MPAA and move to independent artists, I say.

    What was the question, again?

  133. Re:Cabs, churchgoers and kids will pay license fee by akpoff · · Score: 2, Informative
    In the US schools and churches do pay (or at least are supposed to). I don't know exactly how much but I think my church budgets around $1000/annually so we can not only "perform" these copyrighted hymns but also so that we can make our own photocopies of them to pass around to the various "performers" (whether adults or children). What really burns is that I've seen numerous pieces of sheet music with the (c) symbol printed on hymns that are clearly in the public domain...sometimes it's borderline legit because a modern composer has set the hymn to a new arrangement of the music (hmm...can we say derivative work). The problem is that most churches and schools are so afraid of a lawsuit they would rather pay the blanket fee to cover the modern stuff and get the public domain stuff as part of the bargain.

    This fear of lawsuits is so strong that many corporations won't even challenge a false copyright. Have you picked up a copy of Shakespeare and looked at the backside of the title page? What's there but a (c) declaration by the publisher. On what? They clearly have a coyright on the modern introduction but not on the plays and sonnets. Brooklyn Law School published an article about this disturbing trend entitled "False Copyrights" about publishers that claim copyright on public domain works. The fear of lawsuits (or aversion to paying to lititage) has driven many universities and publishers to begin denying fair-use rights of students, faculty and authors. In many cases universities are agreeing to royalty licenses when fair use would allow them to use the materials. Publishers are requiring authors to get explicit written permission to quote the works of other authors when fair use would grant them a priori permission.

    I don't really have a problem with churches and schools paying standard tarrifs on copyright songs (we make them buy text books) but I absolutely draw the line at chilling fair use through fear of litigation and will not stand for publishers that claim copyright on public domain works.

  134. Wake up !!! by Anonymous Coward · · Score: 0

    Common... wake up ! You' are all victim of an international propaganda... What is the problem??? i'll tell you, THERE IS NO PROBLEM !!!

    Can anyone here tell me the name of only ONE artist that really suffer from piracy ? I mean... new artists will gain from being knowns as their music is spreading over the network. And, for the other that have big contract with recording insdutry... well... maybe their benefits will be cut a little... so what... oh my god.. Britney Spears will earn only 15 million this year over 20 millions last years... oh.. so sad...

  135. Small minds have short memories by webweave · · Score: 3, Interesting

    I see this same idea again and again and I HATE it.

    So, because something has worked for the last fifty to one hundred years that is how it must always be? Just keep a bad idea on life support for about a generation and that's it you can go to court and be declared a national necessity.

    It is not the artist but the industry that has popped up to support the commercialization of music that are in trouble here and since they all have skills other than being artist they should be able to find work in other industries. End of story. Thanks music biz, it was nice knowing you but as of about now you are all dinosaurs. You have to do what so many others before you have done, go somewhere else and get a job.

    Now back to the artist, my friend is in a band that has been around for over twenty years. They have had a few "record deals" but have always kept ownership of the music. They tell me they have always made more money touring and selling from the fan club than any contract. Now with the internet they are making more money than ever and the fan club (paid members) is the largest it has ever been.

    It is the opinion of this band that "music sharing" helps them because they would never get on the radio any way or not enough to help but when someone finds their music and likes it, it eventually leads them to the web site or a show and that, is what brings in the money.

    So this proposed tax (and that is what it is, Canadian's have a problem being honest with taxation) will increase costs to the consumer, devalue what ever funds are collected (the cost to process this tax), and what little gets back will likely go into the wrong hands.

    Now more bad effects, by propping up a dying system with tax dollars you not only put off the enviable but the wasted (now) tax dollars put a negative effect on the economy, exactly the opposite effect you were hoping for in the first place. Gee thanks.

  136. Re:Whoooah - Buffaloed? by mirko · · Score: 1

    Do not doubt it : it is a known fact in France that the money the SACEM collect from the blank cdr sales goes to Celine Dion, Johnny Halliday and some others top10 singers'producers (once the SACEM collects its fee, of course).
    Had they given the benefits to the least earning artists I'd have agreed to buy my CDRs there...

    --
    Trolling using another account since 2005.
  137. SOCAN are bastards by Anonymous Coward · · Score: 0

    SOCAN tried shutting down independant shows where I used to live cause they didn't make any royalties of the shows because the bands didn't sign to SOCAN. These kinds of groups cripple creative music done outside of mainstream corporate labels. i am slightly biased against them after they threatened to sue local punk rockers who weren't signed to SOCAN who were just playing little 100 - 300 person shows. SOCAN are sick and evil and the money only ends up in the hands of crap artists like Celion Dion and Bryan Adams.

  138. Layers of ISPs - double taxation? by Skapare · · Score: 1

    If an ISP has to pay the tax for its volume of traffic, then what if one of their customer's is re-selling internet services? Do they also have to pay the same tax? I've seen cases where ISP reselling is at least 4 levels deep, and I'm sure there are deeper cases. If each layer has to pay the tax, then you are being double or triple or quadruple taxed or worse. Are they going to make sure the tax is fair? But if fairness is to be a part of this, then what about all the people that don't download, trade, or share music? Most business customers don't do that, and I suspect half the consumer base doesn't, either. So who gets screwed?

    --
    now we need to go OSS in diesel cars
  139. Re:ARGH! Net Myth! by MochaMan · · Score: 1

    Perhaps you should read the act again. And maybe the rest of this story for other explanations. I hope you realize we are talking about Canada, not the US?

    I have read the act itself, consulted with a judge, and read various interpretations. It is not a myth, you can copy a CD someone has lent to you for your own use.

    In Soviet Canada, the act debunks you.

  140. This will be shot down immediately.... by Stonan · · Score: 1

    The ISP aren't d/l the files therefore they aren't legally responsible for paying compensation. It's a matter of culpability...

    --
    The GEEK shall inherit the earth...
  141. Re:ARGH! Net Myth! by jimsum · · Score: 1

    What myth? It is legal to copy music in Canada. Google "copyright act canada" if you want, you'll find the text I have included. Note that this doesn't say anything about only being able to copy originals, despite what others have said. Copying is legal, but file sharing probably isn't, if you look at the limitations 2(a) and 2(b):

    infringement of copyright

    80. (1) Subject to subsection (2), the act of reproducing all or any substantial part of

    (a) a musical work embodied in a sound recording,

    (b) a performer's performance of a musical work embodied in a sound recording, or

    (c) a sound recording in which a musical work, or a performer's performance of a musical work, is embodied

    onto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer's performance or the sound recording.

    Limitation
    (2) Subsection (1) does not apply if the act described in that subsection is done for the purpose of doing any of the following in relation to any of the things referred to in paragraphs (1)(a) to (c):

    (a) selling or renting out, or by way of trade exposing or offering for sale or rental;

    (b) distributing, whether or not for the purpose of trade;

    (c) communicating to the public by telecommunication; or

    (d) performing, or causing to be performed, in public

    --
    -- Pot is safer than Beer
  142. What rate to be paid? by Skapare · · Score: 2, Interesting

    What would the rate be based on? Would it be based on actual download/trade/share traffic? Or would it be based on total traffic volume? If an ISP passes the charges on to their customers (how can they not do so?), how is it divided up among customers? Will it be by connection capacity? Actual bandwidth used? Or will they monitor and see how much is actually illegal music (assuming they can crack the next generation encrypted protocols which I doubt they can)?

    Merely having a copy of music is not the same as listening to it. Someone who has a collection of 20 songs they regularly listen to is actually getting as much benefit as someone who has a collection of a million songs but regularly listens to about 20 of them (though he might have a larger ISP bill). Maybe the rate should be based on the maximum capacity to listen to music, which tops out at 168 hours a week. So why not a fixed price per person regardless of how much they download, since they can't listen to more than a certain amount (unless they listen to 2 or more songs concurrently)?

    --
    now we need to go OSS in diesel cars
  143. Ya know... by NitroWolf · · Score: 2, Funny

    I realize that Canada is like... America's half brother, or just another American state. But damn, it feels good that some other country is making or propsing idiotic laws.

    I don't feel so isolated now, even if it is just a illusion.

    Don't spoil my fantasies. Shush.

  144. Re: Campaign to Convince the Masses(tm) by Anonymous Coward · · Score: 0

    If only there were a way to convince the Mindless Masses(tm) from purchasing the big name shit. How do you get the message across to stupid teens that they shouldn't buy the next Britney or Limp Bisquick CD? I know when I was a teen I'd buy full albums based on one over-played song just cuz the song would get stuck in my head (see previous story on "Ear Worms"). How do you get through to people like this and get them to support independants?

    (And please, no retorts that yes there are teens who have taste and support the alternatives. I know that. I'm talking about the majority here, who are responsible for keeping the big labels in business, churning out manufactured crap.)

  145. Let's make some news! by iplayfast · · Score: 1

    The more this story is talked about, the more people will understand the unfairness of the concept of taxing item A for item B's use.

    The link to ctv's story is here

    Write an email and let them know how you feel about it.

  146. What a fucking blow by roman_mir · · Score: 1

    I personally have not downloaded a single fucking music track or a movie for over two years now (I used to do that, but I just don't want to do it any more, I actually almost don't listen to music and I don't own a TV for about half a year now) and I have to pay extra for all those fuckers who want to steal fucking music? (yeah, it is still stealing in my vocabulary, so don't start.)

    SHIT.

  147. Marketing 101 by why-is-it · · Score: 1

    They had a sale recently when it was $10 for 40 CD's

    It's called a loss-leader. The merchant advertises and sells something at a loss just to get you inside the store. The probability is that while you are in the store, you will buy other items and that will make up for the loss on the CDR's.

    --
    *** Where are we going? And what's with this handbasket?
  148. Is their their not one misearble continent left... by utahraptor · · Score: 1

    Is their anywhere I can move to that is civilized, yet allows freedom from the RIAA ect?

  149. Imagining Bias at the SCC... by baileytal · · Score: 1
    ...last I heard, Beverley McLachlin (Chief Justice) has a son who is an aspiring musician. I wonder if that might colour her judgment...

    No, no... judges don't let their opinions affect their approach to the law. What was I thinking?

    --
    Never at a loss for words... because of the voices.
  150. Yeah.. OR... by mindstrm · · Score: 1

    the supreme court will see some sense, and realize that it's not hte ISPs job, no more than it's the phone company's job to prevent people from using the phone to talk about drugs.

  151. Not even proposing a new law.. by mindstrm · · Score: 1

    This is a non-government society (SOCAN) going to the Supreme Court to try to force ISPs to pay them royalties for downloaded music, most likely by twisting existing laws about peformance. (these are the peopel you pay when you want ot do performance, like, playing music in your store so the shoppers can hear it. Know why stores use musak instead of the radio, or real cds? Because they can avoid paying royalties to SOCAN.)

    I'm not too concerned.

  152. We already have a media tax in Canada by psyconaut · · Score: 3, Insightful

    DATs and CD-Rs are already taxed here for the benefit of Canadian artists.

    But if ISPs are taxed, I curious how you can then enforce laws claiming that the 'sharing' is illegal? Might become an interesting test case.

    -psy

    1. Re:We already have a media tax in Canada by IHateUniqueNicks · · Score: 1

      That's just it, no where has anyone been able to proove that 'sharing' ISN'T legal, based on the same law that gave us the Blank Media Levy. Users are allowed to make copies for themselves. They are not restricted to certain sources, or certain machines making the copies.

      If I hit the "copy" button on someone else's computer over the 'net, it no more makes them guilty of copying the music for me than if I had walked over and hit it. And that is in fact an example given in the law itself as a LEGAL activity.

      What we have here is SOCAN trying to create a Levy on something that is ALREADY legal.

      Mind you, there are illegal music transfers going on over the 'net, such as uploading to FTP sites, but these aren't what SOCAN is describing.

    2. Re:We already have a media tax in Canada by Anonymous Coward · · Score: 0

      >DATs and CD-Rs are already taxed here for the benefit of Canadian artists.

      This is not quite correct - they are levied (not strictly "taxed") for the benefit of Canadian *recording companies*.

      As it stands, not even the recording companies are getting any of the levy - all of it is being spent to fund the antics and line the pocketbooks of the organization that collects the levy!

  153. Re:Cabs, churchgoers and kids will pay license fee by mpe · · Score: 1

    This fear of lawsuits is so strong that many corporations won't even challenge a false copyright. Have you picked up a copy of Shakespeare and looked at the backside of the title page? What's there but a (c) declaration by the publisher. On what? They clearly have a coyright on the modern introduction but not on the plays and sonnets. Brooklyn Law School published an article about this disturbing trend entitled "False Copyrights" about publishers that claim copyright on public domain works.

    This is known as "copyright fraud". Which has never been as strongly punishable by law as copyright infringement. Probably because the major offenders here are corporate publishers. It is also possible for copyright fraud to involve work still under copyright. e.g. SCO Linux

  154. Independent British Columbia Now !!! by SuperMario666 · · Score: 1

    We will forge our own path, non-beholden to Ottawa and the provinces adjacent to it!

    1. Re:Independent British Columbia Now !!! by Anonymous Coward · · Score: 0

      HAHAHAHAHA!

      I think it's hilarious when provinces that get more in aid than they pay in taxes (a la BC and Que) delude themselves into thinking they could survive on their own. You'd become a Washington state protectorate within a generation (if they'd take you - I think Seattle has enough HIV+ heroin addicts). Or a full-fledged Chinese colony within two. Just shaddup and keep growing pot for the rest of the country.

  155. That's a different tune! by unorthod0x · · Score: 1

    Years ago I started a site that provided a platform for up and coming DJs to share their mixes with the world as well as providing them with the resources to do live streaming.

    First contact with SOCAN was my initial inquiry as to how this should be done legitimately. The response came that I was asking about a "grey area" and that the issue had come up for discussion within SOCAN and had been put aside for about a year.

    A year later I contacted them again with the same query, I got the same answer along with a suggestion to document all play lists because their goal would likely be to compensate the individual artists and there would be royalties to pay (I thought this was dodgy anyhow, was SOCAN really going to hunt down Gunther who runs a tiny record label from his parents' basement in Germany? The majority of the audio being played was from tiny, obscure labels scattered throughout the world, not to mention the promotional copies and white labels)

    Subsequent queries gave me the same answer every time; I kept detailed playlists and wondered what the bill would be when it came around..

    This went on for a few years. Fairly recently my project switched gears and no longer streams audio through the web -- and now this!!

    Perhaps this was the experience of many others, realizing the nightmare that it would be to implement the plan that SOCAN initially hinted at, this may have been seen as the easiest way to approach the issue.

    At the very least my experiences with SOCAN left me with the impression that this was an incompetent bunch that didn't have a clue. At most they came off as lazy and unresponsive and ultimately played no role whatsoever in this fairly long-running project.

  156. Crap by meatpopcicle · · Score: 1

    Pure and utter crap.

    ISPs are the providers of bandwidth. Thats all. They shouldnt have to police the use of that bandwidth. That is for the authorities to do.

    The music industry wants a carte blanche tax for the stolen music people are trading, but they cant for certain say how many files are traded just that they are. I dont buy it and I dont think that the supreme court will either.

    I as a consumer should not have to pay for the crimes of others. This is a breach of my rights. They are basically saying that all citizens are criminals and therefore should have to pay for their crimes.

    Crap!

    --
    "You're on my side and the dark side, like Lando Calrissian?" --Gimpy, Undergrads
  157. Big Brother won't let it happen. by Anonymous Coward · · Score: 0

    Everybody who thinks the USA will allow Canada to go ahead with this scheme, please raise your hands.

    (Yes, I know we're on Slashdot and I can't see you raise your hands, but that's OK because I would have ignored you anyway cause you're wrong.)

    The US could not possibly cope with us having legal music file sharing in this country. We've got better broadband service and more broadband uptake than most countries and lots of people trading files around already.

    I expect that the RIAA and their puppets will weigh in against this idea and in turn the White House will make its opinion known here in Canada.

    By the time all this hits the fan our PM will be Paul Martin, who I expect will be competing with Tony blair for a place on George Bush's lap. We will see the SOCAN lawsuits against 12 year old girls start soon after the ISP tax idea is shot down.

  158. It's a cash grab by dagbrown · · Score: 1

    This is just a cash grab, nothing more than that.

    It's not even a particularly well-thought-out cash grab. All they're thinking is, "Hey, we can get even more free money! It worked with CD-Rs, why not just get the government to collect money for us for every person on the entire Internet?"

    I have big problems with for-profit organizations using the government to bolster their bottom line.

  159. FUCK OFF AND DIE by FRAKK2 · · Score: 0

    Nuff Said.

  160. Where's my motivation? by Winterblink · · Score: 1

    So where's my motivation to avoid using P2P software now? Considering I'm being imposed up on to pay up whether I pirate music now or not, the very act of buying CD-Rs means I'm supporting a recording industry even if I use those CD-Rs to back up documents. Why should I buy music or movies legitimately anymore?

    --
    "I'm a leaf on the wind. Watch how I soar."
    -Hoban Washburn
  161. Me Too Dammit! by johnos · · Score: 1

    I don't understand the outrage. Us Canadians have been looking on with envy at the antics of the RIAA all these years. If America has music facists, then we will have music facists. And they'll be made-in-Canada facists to boot. Let nobody say we are second best at anything.

  162. This makes our actions even more legitimate by bigberk · · Score: 1

    In Canada, we already pay a fairly hefty CD-R levy because the jackasses in the recording industry convinced our government that CD-Rs are probably used to illegally copy their material (nobody uses CD-Rs to backup files, of course). Now that I pay these levies to the recording industry, I happily download and burn as much music as I want to. I'm already paying for the right!

    I was feeling a bit guilty about downoading and burning movies as well, but something like the proposed new royalties (trickled down to my internet bill) would definitely alleviate this moral burden. If I'm paying for it anyway, you'd better believe I'm going to make the most of it.

  163. Re:ARGH! Net Myth! by AndroidCat · · Score: 1
    What do you mean by "consulted with a judge"?

    You can make copies of the one you bought, you can lend your copy to a friend. Any dancing around that ends up with you and your friend (and the ever-expanding circle of your other friends and their friends) having copies in use is just wishful thinking.

    And duh, yes I'm talking about Canada.

    --
    One line blog. I hear that they're called Twitters now.
  164. Actually, Federal Court ruling is kinda logical. by Anonymous Coward · · Score: 0

    The ruling says that ISP's should pay royalties because they're using a cache, which as we know is used to improve the perceived responsiveness of the 'net.

    The thinking behind this ruling is that as soon as an ISP implements a cache, it ceases to be a 'common carrier' because they choose the content that goes into the cache.

    As phrased, though, you can see the logical hole: it's not the ISP that put the content in the cache - they're only providing a service with well defined rules. Instead, it's the ISP's *users* who 'vote' for a particular resource often enough for it to need caching.

    Given that, it's not the ISP's that should be charged, but the end users themselves!

    So what I think should be done is one of these two things:

    1) configure the proxies to not cache binary data except for inline images. All text data is ok. This means that mp3's or other forms of digital music will never be cached, and everyone's happy.

    2) configure the proxies in such a way as to be income generators, then turn around and say to the customer, if you want 'fast' net access, you have to pay for it (and that covers SOCAN's costs, plus a little profit).

    All this is not to say that SOCAN's royalty rates are particularily fair. 0.25 per subscriber per year, sure, but 10% of the ISP's profits too? Sorry, SOCAN, make the CAIP a better deal!

  165. Can they do that ? by Bugmaster · · Score: 1
    I don't get it: what's the legal precedent for this ? For example, can Pizza Hut start taxing all the Ford pickup trucks because some of them can be used to transport pizzas (thus cutting down on their pizza delivery business) ? This just seems ridiculous to me -- but then again, enough money will buy you whatever laws you like... Still, isn't this a textbook definition of monopoly power -- using your dominance in one market to crush a totally different market ?

    On a sidenote, several people have posted something to the extent of "this law is good because it makes music downloads legal". I just don't see how this follows. What I think will happen is that the RIAA (or its Canadian equivalent) will tax ISPs an then go on on their merry way suing people left and right. Common sense doesn't really apply to laws anymore.

    --
    >|<*:=
  166. Re:ARGH! Net Myth! by AndroidCat · · Score: 1

    Sure you can make copies for your own use. But I'd say that limitation (b) distributing, whether or not for the purpose of trade; covers all the wink-wink, lend a copy to a friend and he makes copies, nudge-nudge piracy with a fancy dress on stuff.

    --
    One line blog. I hear that they're called Twitters now.
  167. Common carrier by Reziac · · Score: 1

    Common carrier status indemnified ISPs long before the DMCA came along to complicate our lives. One suspects that if common carrier weren't already an established doctrine, the DMCA would have allowed nailing anyone in reach.

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  168. My fight with SOCAN by cimmerian · · Score: 2, Insightful

    They've been trying since 1996 to place a Tariff on Canadian Internet broadcasters, only to be shot down each year. It's little known that this 'tax' is worse than the most expensive proposal from the US counter part from the RIAA and also more intrusive into listeners personal listening habits.

    I've been fighting against Tarriff 22 (the tarriff aimed directly at broadcasters) for a number of years now with a lot of support from other Canadian radio stations and listeners. Our fight has seemingly not fallen on deaf ears because each year it gets shot down again. This new blanket 'tax' on ISP's falls directly in line with similar unfair blanket taxes they have implemented in the past with blank media.

    SOCAN doesn't seem to realize that by charging these huge tariffs on people and ISP's enjoying music on the Internet it doesn't benefit musicians but actually prevents the incentive for people to seek out music.

    But then again, music is all about profit, right?

  169. Re:Actually... - wrong by cayenne8 · · Score: 1
    Wow....people out there actually 'PAY' for CDr's? I just wait till they have 50 or 100 spindles of them free with rebate. So, essentially, I pay a few cents sales tax...and get an almost 'free' spindle of blanks.

    Most Office Max or Office Depot or CompUSA's do this every couple of weeks.

    My friends and I just have stockpiles of the things...

    Do they not do this elsewhere ?

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  170. Re:ARGH! Net Myth! by Abcd1234 · · Score: 1

    And you'd be wrong. If you make a copy of something and then give that copy to me, you are distributing copies of the work. However, if I borrow a CD from you and then personally make a copy, *you* aren't distributing anything. No, really, you're not.

    Since you're not going to believe me (you seem quite stubborn), I'll give you an example. A video rental store can not be charged for distribution when one of it's customers copies a video cassette they rented. Right? Why? Because, they aren't *distributing* anything. Now, you'll say "ya, but copying tapes is illegal!" and my response is, yes, copying *tapes* is illegal, but copying CDs is very much legal, thanks to the Canadian Copyright Act.

    So quit splitting hairs. I know you'd don't want to admit you're wrong, but, really, you are.

  171. CCFDA - has a member of the RIAA? by Black+Pete · · Score: 1

    Take a look at this, which lists members of the CCFDA:

    http://www.ccfda.ca/subsections/eng_whoweare.html

    Notice that Sony Canada is one of them. So... Sony is a member of the RIAA (who's lobbying for levys in the US), as well as the CCFDA (who's against levys in Canada). I wonder what this says about Sony's schizophrenic nature? :)

  172. You can bypass the media levy, but there's a catch by StandardCell · · Score: 1

    According to the Canadian Private Copying Collective website, you can apply for an exemption from media levies.

    HOWEVER ...

    There are several very critical hurdles you need to overcome, including:

    1. You need to be a registered business entity and have a business license, utility bill as proof, etc.. (so much for saving your home videos and pictures)
    2. You need to pay a $60 per year application fee to even apply if you're a corporate entity, or $15 if you're not, and there is no guarantee that they will accept you. ($60 per year in levies is what I'd pay for buying them in the stores as an individual anyway)
    3. You are obligated to provide records and account for the use of every piece of media for a span of two years and cannot resell it. (yes, even coasters have to be accounted for apparently but you basically let them walk in at any time to be able to audit you)
    4. You can only buy royalty-free media from a handful of retailers. (so much for consumer choice)

    In other words, the system is set up such that you are innocent until proven guilty and that only large consumers of media might see financial benefit because the imposed transaction costs appear cleverly designed to be at the sweet spot of the amount of media consumed by the average individual.

    This is thuggery and a make-work project for government bureaucrats, plain and simple. Nobody remembers all the people whose copyrighted images are supposedly scanned and saved on writeable media. Nobody remembers the movie companies whose movies are supposedly pirated on CDs. Nobody remembers all the software developers whose software is widely copied. But when it comes to the poor musicians who need a welfare handout, no problem - except they're not getting the money either. As I said, thuggery.

  173. Okay Canadians by Phantasmo · · Score: 1

    Write to SOCAN and tell them (nicely) what you think about this.

    Then write to the Supreme Court and do the same.

    Remember, these have to be sent through the post - they think that each snail mail letter represents ten people!

    Finally, here's a good guide on how to write a professional-looking letter.

    Even if SOCAN just got 20 negative letters, they'd flip out!

    --

    The US Army: promoting democracy through unquestioned obedience
  174. Re:ARGH! Net Myth! by AndroidCat · · Score: 1

    Yeah, whatever.

    --
    One line blog. I hear that they're called Twitters now.
  175. the music industry is a billion dollar joke by Anonymous Coward · · Score: 0

    Why do artists believe they deserve millions of dollars for their work?The more money the artist can get the more the producer will get.Its nothing more than price fixing and we the consumer in the end pay the highest price of all.Personally I don't give a flying fuck about the latest album from so and so and if this comes into effect will probably never buy anything ever again.Such is life....

  176. I'm Canadian eh! by Equa1izer · · Score: 1

    Great now we have own RIAA in Canada. First they limited music import to boost so called Canadian artists. How many good Canadian artists you know?. (From what music I like I know none). No it wasn't enouth they limited djs to play 4 canadian produced CD's and only one not Canada made. Most djs of cuz don't give a cheese about that but it's a law that all radiostations have to follow. There is nothing to hear on the radio. Zippo. Only once around 1 am or something you can find good music. Now ISP's have to give them money. Looks like they so broke they have no money to pay for heat to warm up their idiotic corrupted minds. We chose Liberals on our last election. No we will see who they really are.

  177. Who Writes Canadian Laws by Nom+du+Keyboard · · Score: 1
    A group representing Canada's songwriters will ask the Supreme Court of Canada to force Internet service providers to pay them royalties for the millions of digital music files downloaded each year by Canadians.

    Just who writes the laws in Canada. The courts that also enforce them? That doesn't sound like a democracy.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:Who Writes Canadian Laws by zrgn · · Score: 1

      No, the courts decide if Canadian law is in line with the constitution. If the judges decide that the law is in violation of the constitution, then law makers must go back to the drawing board. There is a subtle difference between making laws and saying that a law is unjust.

      Alan

  178. Re:we already pay through the nose REVESE SMUGGLIN by Nom+du+Keyboard · · Score: 2, Funny
    We already pay $0.25 per cd-r, "they" want to increase it to around $0.59.

    The Answer:

    Reverse smuggling. Send USA CD-R's and cigarettes north in trade for cheaper Canadian drugs. The free market works.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  179. Re:Cabs, churchgoers and kids will pay license fee by SiliconJesus101 · · Score: 1
    The main problem with enforcement of this is that it would be extremely tough to single out who is allowed to not pay royalties and who must pay royalties. For example, I let your kindergarten schools or churches use my copywritten materials as long as it's not for profit while I deny others the same rights. Would this not open up a whole new series of lawsuits for those denied free usage not for profit? Why then could I not use copywritten materials at my home without paying? Why could I then not start my own free radio station that was not for profit? Why could I then not "share" copywritten materials for free as is being done in the aforementioned churches and kindergartens?

    I know, it's a big pain in the ass...but if the copyright holders were to allow specific groups free usage then everyone else would cry foul and we would end up with an even bigger mess than we have currently. Enforcement unfortunately has to be done across the board and without prejudice.

    As a disclaimer, I don't support the methods of the RIAA, MPAA, etc through assumed guilt taxes on CD's and the like. But the fact remains that you really should be paying for licenses to the music, software, and movies you own and use. If you don't like that system there is always open source software that is licensed for free usage as well as a lot of really good indie groups that don't mind you trading their works, if for nothing more than to gain a larger listening audience.

    --

    "The strong will do what they want, the weak will do what they must."
    -Thucydides

  180. Nonsence... by Game+Genie · · Score: 2, Insightful

    This is such bassackwards logic! By their reasoning car makers should pay royalties to banks, since cars are used to rob banks.

  181. Re:Whoooah - Buffaloed? by scorilo · · Score: 1

    Celine Dion is from Quebec (sorry!). And, according to this MSN biography, JH was born in Brooklyn. Why would an association supposedly protecting the rights of French publishers/copyrightholders/creators/performers/wh atever - and collecting money from the French taxpayer - pay North Americans? Perhaps there's a reason why you're modded down :)

    --
    "One of the symptoms of an approaching nervous breakdown is the belief that ones work is terribly important." -BRussell
  182. Re:Actually...actually by Cplus · · Score: 1

    There is a 5.2 cent levy on regular, non-music cd-r's and cd-rw's. It is defintely not as much as the music cd's, but it is there.

    --
    "Share your knowledge. It's a way to achieve immortality." -- Dalai Lama
  183. Re:ARGH! Net Myth! by jjhlk · · Score: 1

    While that sounds plausible, it still sounds too much like an obvious loophole that nobody would want to exist (well, "nobody"). The act doesn't say anything about it being illegal to make copies of original discs you do not own*, or that you must destroy copies once you give up ownership?

  184. Re:ARGH! Net Myth! by jjhlk · · Score: 1

    That doesn't look like it covers file sharing. File sharing of music, maybe, but certainly not of software. Since you have the right to make backups of software optical media, it seems like a similar situation - except it isn't covered here (and I've not found it anywhere in the act).

  185. Re:Whoooah - solution by Klanglor · · Score: 2, Insightful
    bah no big deal :P

    as you may or may not know, first nation natives are allowed to trade goods according to theire original laws (no tax)

    So just find a couple of local natives reserve and ask them to order a shit load of blank cdrw from tawain (cost a few pennies) and load them here on a boat (a few pennies again), et voila!

    Seriously, the ISP tax would kill the music industry. People tend to use as much as they pay for. i.e.: who does not pig them self out at the buffet (eat-all-what-you-can-restaurants)

  186. Re:Cabs, churchgoers and kids will pay license fee by swordfishBob · · Score: 2, Insightful

    That's a few different scenarios, with different implications.
    Speaking from Australian perspective...

    - Supermarkets playing radio, or companies using radio for "music on hold" need to licence via tha radio station. It could be argued to extend that to taxis, but that's getting picky.

    - Churches and schools don't need to licence what they sing internally. You can't stop people singing a song just for themselves... (it's not going to take income away from anyone).

    - They do have to pay to reproduce words (overhead projection, or songsheets), and photocopies of music (treated differently). The hard part is copying recorded music to practise with - illegal, but danged near impossible to get around without buying heaps of CDs.

    - Public performances are different to singing "in church" or at school; a concert would require licence payments.

    - Public performance of new items are often be refused by copyright owners. e.g. performing a collection of songs from a musical that is still on its first world tour.

    --
    -- All your bass are below two Hz
  187. P.S.:Celine Dion is an abomination. by Strioa · · Score: 1

    Just wanted to point out that US advertisement industry shares part of the blame for her being lose on the world:)

    Strioa

  188. Can you imagine if this applied to "words" too? by popo · · Score: 1


    What if this type of billing applied to use of copyrighted words as well?

    "We don't need no education"

    There, I just cost my ISP 5 cents.

    "Ain't nothin' but a hound dog"

    There, take that ISP: another 5 cents for copyright trafficking.

    Technically I just "sampled" two sets of lyrics right here on Slashdot.

    The suggestion of the recording industry is that sound and video somehow have a higher place in copyright law than text and images.

    I wonder: Does it?

    --
    ------ The best brain training is now totally free : )
  189. Re:ARGH! Net Myth! by MochaMan · · Score: 2, Interesting

    What do you mean by "consulted with a judge"?

    How much clearer can I be? I consulted with a judge. To expand on that, I mean I sat down with a judge and discussed the act with him at the dinner table, just to be sure that it said what it looked like it said. I have 3 lawyers and one judge in my immediate family, and all of them agreed that yes, you can make copies of a CD that you do not own, so long as it's for your own private use. We went over the act as published, point by point. I don't know how many other ways there are to put it.

    It may not seem logical to you, but who ever said that the law made sense? Honestly, if this bothers you so much, go out and pay a lawyer for an hour of his time to go over it with you and explain it to you.

  190. Re:Whoooah - Buffaloed? by mirko · · Score: 1

    Dion and JH are SACEM members, that's all.
    Now, I don't care being modded down, this has now relation to my intrinsec personal value.
    Now, if you emit such comment, you may enjoy karma whoring more than me ;-)

    --
    Trolling using another account since 2005.
  191. No, no, no by rockabilly · · Score: 2, Funny

    You've got it all wrong. It simply fills in the sentence:

    If the RIAA can get money, SOCAN we.

  192. NOT A MYTH! Proof from Copyright Board of Canada: by Wraithlyn · · Score: 1
    Here is the Copyright Board of Canada's Fact Sheet on Private Copying.

    Quote (emphasis mine):
    'On March 19, 1998, Part VIII of the 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. The Copyright Board's decision issued today sets a levy for this purpose.'

    Note how it specifically says "the person who made the copy", and NOT "the Owner"!

    Furthermore... why on earth would they create a levy to compensate authors if it was only for personal backups? That makes no sense at all. The levy is there to compensate for OTHER people making their own copies.
    --
    "Mind, as manifested by the capacity to make choices, is to some extent present in every electron." -Freeman Dyson
  193. Re:we already pay through the nose REVESE SMUGGLIN by Wraithlyn · · Score: 1

    And booze. Don't forget the booze. We need to send as much Canadian beer into America as possible, on general humanitarian principles.

    Why won't SOMEONE think of the Yankee beer drinkers??? Poor souls.

    --
    "Mind, as manifested by the capacity to make choices, is to some extent present in every electron." -Freeman Dyson
  194. It's just binding arbitration by Anonymous Coward · · Score: 0

    As near as I can figure, this is nothing more than fear-mongering over what is run-of-the-mill binding arbitration.

    Abe and Bob decide to let Carol determine the solution to their dispute - that's arbitration. They further decide that both of them must legally abide by whatever she decides - that's _binding_ arbitration.

    Like a contract, it's perfectly natural that the regular courts feel free to enforce an agreement that both parties willingly entered into, and willingly agreed would be binding.

    FWIW, if the only place you found reporting this was WND, you clearly didn't look. 5 seconds on Google gave me a much longer and more detailed article at Vancouver IndyMedia.

    1. Re:It's just binding arbitration by Mashiki · · Score: 1

      Apparently you can't figure much out then can you? Unfortunatly, by your post you either don't understand what happens in the legal system here or you don't live here or have never experienced the system here first hand. So that leaves you in a poor state to be any type of authority let alone one to be claiming a supporter of arbitration on an issue.

      As for your assumption, it only causes you ruin in the end. I'd suggest digging your head out of your ass and re-reading my post.

      By all means, try telling that to the people who have suffered directly under contracts, disputes and arbitration of the government. Especially with a government that breaks contracts because it doesn't want to live upto them. Welcome to life in Canada.

      --
      Om, nomnomnom...
    2. Re:It's just binding arbitration by Anonymous Coward · · Score: 0

      My, my - someone had an extra helping of Cranky Flakes this morning. Sadly, no Explains-His-Point Flakes, though.

      No, I've had no troubles with the legal system in 20-odd years in Canada. You, it sounds like, have, so please explain - in detail - why binding arbitration *which both parties enter into freely* is such a terrible idea.

      Please explain how this has much of _anything_ to do with the government, whose only role in this appears to be "we will enforce contracts that all parties agree we should enforce".

      It sounds like you've had trouble with the government and/or legal system in Canada, and the experience has left you deeply bitter. That's very unfortunate, and it's entirely possible you were treated unfairly. If you do have evidence for governmental mischief, I'd be very interested to hear it, and I have no doubt that a range of opposition politicians who'd love to embarrass the government would be even more interested.

      However, in the absence of patient, reasoned explanation, you just sound like a crank.

  195. If the RIAA can be really greedy... by vistic · · Score: 1

    ...then SOCAN we!

  196. What's your point? by Anonymous Coward · · Score: 0

    Yes, the Charter has a Notwithstanding Clause, meaning the government can do anything it feels like, but must be very up-front and clear about it.

    This is news?

    Any government can do anything it feels like, _if_ the people will let them get away with it. The US Constitution, for example, handles this with amendments (or stacked Supreme Courts).

    The real question is not what a government can theoretically get away with, but what it practically _can_ and _does_ get away with. In Canada, the worst abuse of the Notwithstanding Clause has been to force outdoor signs to be in French. In the US, a constitution lacking this clause has allowed slavery, discrimination, and long-term detention without trial.

    Before we rant about what might happen, how about we consider what _is_ happening, mmmkay?

    1. Re:What's your point? by Rotten168 · · Score: 1
      Both government are imperfect but I won't get into which one I think is better.

      First off, Supreme Courts aren't stacked, those judges have to be ratified by the senate. And amendments seem to me to be *much* harder to pass than to enact the notwithstanding clause.

      In the US, a constitution lacking this clause has allowed slavery, discrimination, and long-term detention without trial.

      Apples to oranges, in the US those weren't and in some cases still aren't rights. I think it's dumb to have a provision in the Constitution saying that we can take away what rights we pretended to give you in the first place. I dunno, I can tell you I prefer our form of government.

    2. Re:What's your point? by Strioa · · Score: 1

      As a Canadian, I can state that the U.S. political system is much more sophisticated than the Canadian system.

      I mean there are much more safeguards in the U.S. system. There are different layers of governement theoretically guaranteeing a separation of power.

      I mean I can't imagine what would happen down in the US if the governement had the power that our governement has.

      But all in all, the US government seems to have a lot more going on in screwing their people. (Might just be that they have more money though:)

      Don't take that as a flame bait, it's an earnest point I'm trying to make.

      From what we see, a big proportion of Americans seem to give their president the benefit of the doubt, for lots of things. But you always hear staunchly anti-governement point of views.

      In Canada we have a big governement, and we rely on it for a lot of things. But we rarely ever give an inch of respect or of confidence to our prime minister, whomever he may be. (Same thing might be said of other countries leaders, that is if we know anything about that country.)

      It's obviously a generalisation, but it's what I perceive to be happening. And I find it intriguing.

      Any thoughts.
      Strioa

    3. Re:What's your point? by Rotten168 · · Score: 1

      Well any republic or democracy is only as good as it's citizens, unfortunately, so you may be on to something there.

    4. Re:What's your point? by Anonymous Coward · · Score: 0

      > Both government are imperfect but I won't get into which one I think is better.

      But I will. :)

      Despite being very Canadian, it's always seemed to me the US system is theoretically better - it seems (to my naive eye) to have significantly more checks and balances built into the system. In theory, it should serve the people better.

      In practice - again, to my eye - the opposite is true. Which is mystifying - maybe that's just a facet of being Mr. Big. Maybe it's due to the national characters of the two countries. Dunno.

      > Apples to oranges, in the US those weren't and in some cases still aren't rights.

      Which was my point - how the country works _in theory_ is far less important than how it works _in practice_. Unfortunately, in practice the US isn't living up to what its ideals promise.

      I don't know why - I wish I did (or, more to the point, I wish US lawmakers did). But what I can say is that I think accepting the notion of compromise is a large part of why Canada works as well as it does. And, as a Canadian living in the US, one of the biggest differences I see is that compromise is much less accepted here. When you demonize those holding an alternative viewpoint, how is anything useful supposed to be accomplished?

    5. Re:What's your point? by Rotten168 · · Score: 1

      How are we not living up to our ideals promised?

      I think freedom-loving people will vote with their feet. We shall see.

  197. As a Canadian living abroad... by Anonymous Coward · · Score: 0

    ...I feel like moving back. And so does every other Canadian I know in this country.

    When your biggest complaints about the country are "I might have to pay a few bucks more a month because somebody's realized we all download music!", that's a pretty clear sign that life is good. Could be better, yes, but still pretty damn sweet.

    As for your little political rant, well, I'll just assume you weren't paying attention last election. - nobody knew what the government would be until results from the last province came in. Not, admittedly, as...surprising...as the last US election, but a healthy democratic process nonetheless. :)

    1. Re:As a Canadian living abroad... by Anonymous Coward · · Score: 0

      Wow, we must have been watching different channels. When Ontario came up all red, the Liberals passed the magic number for a majority. Canadian media can't begin reporting until the last poll closes, but we don't have to see a poll past Ontario to know who won. Westerners are not fooled by tricks like closing all polls at the same time.

  198. Private taxes are immoral by Kris_J · · Score: 1

    These government sponsored private taxes where your money goes to some unaccountable organisation are disgusting. In a capitalist society money is power, and these companies are taking your right to decide where your money goes from you. It is does is create monopolies and screw over everyone not running said monopoly. You all know that the money that's creamed off the ISPs/blank media is fed straight back into the pockets of the politicians who created these outragious laws. Any politician that votes for a bill like this, or indeed does nothing to try and revoke an existing one, should be ashamed of themselves.

  199. It won't go much further... by Anonymous Coward · · Score: 0

    ...because we won't let it.

    Canada's a nation where a compromise that benefits everyone 80% is better than a bloody victory that benefits one guy 100% and the other 0%, and for exactly the same reason as the winning strategy in the Prisoner's Dilemma is to play nice - it gives you the best result in the long run.

    So, here, we can look at this and say "well, loads of people are downloading music, it would be fair to compensate music producers for this", and come to a compromise where we pay a little money but get the right to download music. It'd be like iTunes, but instead of $1/song it'd be $1/month - that doesn't sound so bad.

    And, yes, it would be somewhere around $1/month. The Canadian music industry had total CD sales of about $800M in recent years, leading to profit of about $40M. If we assume that music downloads will cut the record company's profits by by 75%, they only need to get $2 per wired Canadian per year to make that up.

    Even adding $1 to monthly ISP bills would generate about $100M - a eighth of the retail value of total CD sales - in pure profit. Adding much more than that isn't going to happen, and _that_ is why I'm not too concerned by your "$5+$5+$5+$2+..." scenario.

    This isn't the best solution, of course - overhauling the industry to take advantage of the internet and have low-cost, authorized pay download sites (iTunes, but $0.1/song, and with everything, and with a reasonable royalty/payment structure) would be better. However, we realize that isn't going to happen just yet. Making music downloads semi-authorized, however, is just going to speed up their acceptance and prevalence, speeding up the rate at which the old way of doing business is going to be replaced. And isn't that what people keep asking for?

  200. Re:ARGH! Net Myth! by AndroidCat · · Score: 1
    Well that's handy! When I get legal advice like that, it's from "sources unofficially near a judge". :^) But did he mention any cases where this has actually been tested in court? I wouldn't want to be involved on either side. (And since I don't trade/copy music, I don't see any need to pay a lawyer an hour+ for an opinion.)

    I have seen websites on the pro-copy side that are complete tripe.

    --
    One line blog. I hear that they're called Twitters now.
  201. Summary of some of the issues by Crypto+Gnome · · Score: 1

    (a) so I'm a law-abiding citizen, I download no music, I make no music available for download - now I have to pay money on a monthly basis for someone else breaking the law?

    (b) I download the latest Debian Linux (7 CDs at 640MB each) what's the $ equivalent of Music that said download will cost other people for my download?

    (c) So let me get this straight: every recordable CD I buy has a tax to account for illegal music copyright violation, as does every byte downloaded from the internet (by anyone, anywhere in Canada) - I'm effectively paying the equivalent of several CDs per month. So I may as well not bother buying another retail music CD ever, and just download music from the internet (in violation of many and various copyright laws) and burn my own CD-Rs - after all I've already paid for the music.

    (d) so you want to tax ISPs for providing the infrastructure which (amongst many and various other things) enables music copyright violations? How about the telephone companies for providing the communications infrastructure which enables the internet? How about the electricity providers who provide the infrastructure for telephone companies to operate? How about mining companies, who mine the mineral resources used to make power cables? How about heavy vehicle manufacturers, who provide the machines to mining companies?

    How about Oil exploration companies, who provide the fuels for the vechiles used in Mining, which provide the minerals to the power companies which provide power to the telephone companies who provide communications to the ISPs who provide services to people... *some but by no means all* of whom are illegally violating music copyrights?

    Realistically though, you need to directly bill GOD (Allah, Yaweh, Jehova, insert-name-of-your-favorite-being-who-created-the -entirety-of-existence-here; because in the end, when you look at things closely enough, if (he/she/it) hadn't set about *creating* anything in the first place we wouldn't have the situation we have today (ie there wouldn't be people illegally downloading music from the internet in violation of many and various copyright laws).

    Seriously folks! Yes, profits are down

    Yes, people are violating copyright left-right-and-center

    No, billing Grandma AolUser (who is only just barely Internet-aware enough to be able to email her grandson once a month) for the illegal activities of other people Just Isn't Right. Nor does it solve the problem.

    Billing an anyone anywhere for copyright voilations by sundry persons-unknown does address the symptoms (ie flagging music profits).

    However, it does not address the problem (ie people are breaking the law, these days much of your music sucks, the world has turned and making money off physical distribution mechanisms is in many areas and aspects a declining prospect, life implies/requires change - don't change and you'll die).

    --
    Visit CryptoGnome in his home.
  202. Then distribute the tax by Corpus_Callosum · · Score: 1

    If this is going to happen, then it should not be just for the record industry. There should be a non-profit that monitors statistics regarding copyrighted material being distributed on the Internet. These statistics should then be used to distribute the "copyright tax" that is levied.

    In other words, the collected money should be distributed according to statistics to *all* copyright owners, not just the RIAA. Authors, Video-Game publishers (and other software), Independent music and film producers, etc..

    Who does the RIAA think they are to get better protection than other copyright owners?

    --
    The reason that it can be true that 1+1 > 2 is that very peculiar nonzero value of the + operator
  203. Wrong thread. by Anonymous Coward · · Score: 0

    We're bashing Canada here. Try to stay on-topic.

  204. Obvious loophole? by Anonymous Coward · · Score: 0

    What do you mean, "obvious loophole?" That's like saying that "freedom of speech" is an obvious loophole in the Charter of Rights ;)

    When they wrote the law, the intended to make it legal to copy CDs you don't own -- that's the whole scenario that brought about the law and the levy in the first place!What confuses people is that, in this case, we won ;)

    1. Re:Obvious loophole? by AndroidCat · · Score: 1
      That depends on how you look at it. My view is that the copyright law was unenforcable, so the record companies got the government to tax an illegal act. (And the legal acts along with it.)

      The record companies could never stop people from swapping copies with friends or people making copies and selling the originals at a second-hand shop, so they made sure they got their money anyway. I suspect they think that they won. (I get taxed and I don't copy music except for backup copies. I certainly didn't win!)

      --
      One line blog. I hear that they're called Twitters now.
  205. Re:ARGH! Net Myth! by Anonymous Coward · · Score: 0

    After reading your comments in this thread, I've come to one incontrovertible truth:

    You are a tool.

    When the legislators sat down to make changes to this law, the did so with the express purpose of making it legal to copy CDs you did not own. Let me repeat: in order for the industry to deserve the levy, they had to give something up (quid pro quo), that thing was, it is now legal to copy CDs you did not purchase, that you do not own, and that you may never buy, for your own private purposes.

    Let me repeat:

    You are a tool.

    And, once more, for effect:

    You are a tool.

  206. Re:ARGH! Net Myth! by MochaMan · · Score: 1

    I'm sorry man, but it's obvious that you care more about "winning" an argument than actually answering the question of whether or not it's legal to copy a CD for your own private use in Canada.

    If you're unwilling to believe a word anyone tells you here (unless it agrees with your argument) then why even bother? Some feeling of self-worth? If you really care, go read the act itself. Here's a Government of Canada website that should make it abundantly clear to you that it is OK to copy for private use. Personally, I feel I've done enough research for you already, and I won't waste anymore time on you. If you have something concrete to offer other than "I don't believe you", please feel free to post it, otherwise, shut the fuck up.

  207. Re:ARGH! Net Myth! by AndroidCat · · Score: 1
    Certainly it's legal to copy for personal use. I never said it wasn't. I object to people claiming that giving copies to anyone else, they making their own copies, and so on and so on .. is "personal use". Claiming that it's not really distribution or that there was an unoffical agreement with record companies that all this was legal, I still think is wishful thinking. (And to think that record companies won't forget any such agreement the moment they feel like it is really wishful thinking.)

    otherwise, shut the fuck up Hmm? [checks] Yes, this is Slashdot, are you new here?

    --
    One line blog. I hear that they're called Twitters now.
  208. Re:ARGH! Net Myth! by AndroidCat · · Score: 1
    the did so with the express purpose of making it legal to copy CDs you did not own

    Yeah? Show me something in Hansard or committee meeting minutes. Show a court case desided in favour of your interpretation. Until then, you are an anonymous coward. (Or a sock puppet.)

    --
    One line blog. I hear that they're called Twitters now.
  209. Well let's move on democracy... by Zeromous · · Score: 1

    Does anyone know when this will happen? I live a few blocks from the Supreme Court and I will be there alone if I have to, protesting this ridiculous request. Apathy breeds ignorance.

    --
    ---Up Up Down Down Left Right Left Right B A START
    1. Re:Well let's move on democracy... by Zeromous · · Score: 1

      I'm not completely surprised that no one has read this as I'm probably at the depths of modded-down hell.

      But seriously folks not ONE PERSON i have read in this thread supposes doing a damn thing about this?

      Sounds like I'll be lonely in the front of the canadian supreme court come monday morning.

      Absolutely disgusting.

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  210. Re:ARGH! Net Myth! by Anonymous Coward · · Score: 0

    Yes, this is Slashdot, are you new here?

    Heh. He's less new than you... if judging by your uid... and your idiocy.

    It seems as though you completely missed the points the other poster was making all along. He never said that you could make copies for others, only that you can make them for your own personal use. That's what the act says. It also says you can't make copies for others, but again... the other poster never said you could. That appears to be your moronic interpretation. Re-read the comments, you fool.

  211. I am the consumer. by Anonymous Coward · · Score: 0

    I am the consumer.
    I WiLL CoNSuMe You SOCAN!!!

  212. Re:ARGH! Net Myth! by Anonymous Coward · · Score: 0

    if making a copy for yourself isn't personal use, what is? i mean, if idon't broadcast it etc. i just make a copy for me, then that's personal use. that's all the act says you can do. that's all that the original poster ever said you could do. you need to get a hobby dude. if you don't even copy music, then why do you give a shit? live and let live. stop being so cranky.

  213. Hello Mcfly! by BuckaBooBob · · Score: 1

    SOCAN is proposing that ISPs pay a royalty of 25 cents per subscriber per year as well as 10 per cent of any gross profit ISPs make through the sale of advertising.

    Ok .25$ a Year to download all the music I want and not worry! Hell.. I'll send em a Check myself to pay up for all the years I have listened to music and probaly advance pay for the next 50!

    What is crazy they want a piece of Advertising money's from the cable companies... How does this come into the picture... I guess it may stem from some of the TV ads you see on the TV about Young kids complaining about how long it takes to download music over dialup instead of having highspeed :)

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  214. making a theif out of me by jdkane · · Score: 1
    ask the Supreme Court of Canada next week to force Internet service providers to pay them royalties for the millions of digital music files downloaded each year by Canadian

    Well then I live in Canada, and I don't download or swap any illegal music right now. However if in the future I end up paying for the music through my ISP, then at that point I should start partaking in the illegal music scene and then everybody will be happy and getting their moneys worth.

  215. How about changing the business model first by f0rt0r · · Score: 1

    I am all for removed the RIAA from the picture, I really don't think these "taxes" are the first step. How about the first change being the proceeds from sales go to the artist ( single or group ), and then they pay back the label for the production/distribution etc. from that. In this way, the RIAA and its members have no business with the buyers of the music, only with the artist. Think for a second, they will have zero justification to subpoena for IP addresses, send out cease and desist letters, etc. because the only party they get paid from is the artist that created the music. Oh, and that should also take the steam out of their marketing machine and payola scams, as control of ( and the bill for ) that is now in the hands of the artists.

    Ok, it will never happen, but I can dream, can't I?

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  216. The music industry is dying by Anonymous Coward · · Score: 0

    musicians of the future will be forced to distribute their music for free to build up a following and earn money the old fashioned way, actually playing on tour! There is no further use for record companies, they are parasites of the past!