Slashdot Mirror
Canadian Supreme Court To Define ISP Role
Ubergrendle writes "The CBC is reporting that the Canadian Supreme Court is hearing a case regarding copyright royalties and the responsibilities of ISPs both here and abroad. From the article: 'The people who represent Canadian artists say everyone who has a hand in transmitting recorded music is liable. "Creative people should be compensated for the use and exploitation of their music," said Paul Spurgeon, general counsel for the Society of Composers, Authors and Music Publishers of Canada. "We're obviously in a struggle right now trying to figure out the best techniques to ensure that they are compensated appropriately.'" This follows on the heels of the Canadian music industry asking that this case be heard. Given the trade relations, this case should have consequences far outside of Canada proper.
Whenever I hear these statements, I'm wondering how much of that is "someone rights are not infringed" and how much is "someones business model must be protected".
There is no god-given right to make a living off whatever you choose to be your profession. Circumstances can change, and your business model can become unviable. Facts of life 101. Everybody has to deal with that (cf. type-setters, weavers, ...). Thus any argument similar "those poor XXX, YYY destroys their income, thus YYY must be banned" is IMHO just wrong.
The correct approach is to look whether somebody need legal help to ascertain his right to the fruits of his labor. That he's not wronged in the legal sense of the word. Whether his income would be enough to sustain his life is not the court's business.
If the state decides that it really wants a certain tradecraft to be a viable business, then that's a purely political question (cf. farm subsidies, military spending, art funding) and should not be decided by a court of law.