Canadian Minister Promises to Fix Copyright Law
Mashiki writes "In Canada, we can download Mp3's and their assorted goodness without too much of a hassle, recently the CRIA and their friends lost the court case. Well, it would appear that the new Federal Heritage Minister Helene Scherre, has spoken and those words were: 'As minister of Canadian Heritage, I will, as quickly as possible, make changes to our copyright law.'"
So does that mean the CD-R Tax disappears?
/not canadian
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Even for Canadians.
My faith in human (read: political) nature has been restored!
Those who can, do. Those who can't, write technology blogs.
That a federal election isn't that far off... And slogans like "Helene Scherre wants to put your kids in prison" look great on T-shirts and the news...
Fair enough. Some people download music, some people don't. But consider his quote:
/.'ers comment that the music industry is holding onto a failing business. We don't need them anymore. Despite being wrapped up in the industry by being the winner of a [cheap knock-off] American Idol* contest, he sees the Industry's role as "a new way to survive," as opposed to some criminal challenge that they must overcome.
"I think it's a challenge for the industry, to try and find a new way to survive."
This lends creedence to many a
My hats off to him, especially given his previous quote, "Whether people download or not, as long as they're listening to music."
* Yes, I'm a Canadian. Paul Martin has yet to earn my respect.
I wonder what she means by "Fix" when talking to the recording industry. I have a feeling that it would coincide perfectly with "break" to everyone else.
The real criminals don't break laws; They write them.
This is just one minister. Whether or not she can pass any bills is up for debate. The bottom line is that we pay levies now to download music, and the music industry shouldn't be able to make us pay levies and buy music. They can't screw us twice without someone noticing. Recently someone noticed too.
Hi there
So in what world is putting a file that you do _NOT_ own the copyright on, and have not actually obtained permission from the copyright holder to copy for purposes beyond fair use, in a publicly shared folder for others to obtain _not_ a violation of the copyright act?
In the same world where a library can place a photocopier in the same room as books without getting sued. In fact, the judge in this case made that analogy and cited as precedent a case several weeks ago where a law library had been sued.
Buy off a minister to change the laws for you.
Just think, our very own Senator! Cash value 1/100 of senate...
Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
So in what world is putting a file ... in
a publicly shared folder for others to obtain
_not_ a violation of the copyright act?
The actual ruling read more like an extreme interpretation of "plausible deniability". Basically, while we geeks might laugh at the idea of "accidentally" leaving files in a shared directory, the masses of computer users often really don't understand the difference between what makes the choice of where to keep their music legal or illegal. Additionally, as several of the RIAA's suits showed, some people believe that paying for Kazaa means they have paid for access to the music.
Sounds stupid? Sure, to us. But if the majority of people doing this honestly do not understand whether or not they have broken the law, the law becomes essentially unenforceable. As one possible Devil's Advocate situation, I can imagine someone installing Kazaa for some random legal purpose, then deciding to store all their own legally ripped music in the directory Kazaa conveniently made for them.
Downloading copyrighted materials may be perfectly legal in Canada (albeit unethical
Actually, I'd disagree about the "unethical". Canada has really quite high taxes on all blank recording media, a sort of "we assume you'll copy our stuff, so get your money in the blanks" approach to piracy. Thus, since the punishment comes built-in to the media itself (whether or not they use it to pirate music doesn't change the "tax"), you could reasonably call it perfectly moral to go ahead and commit a crime already paid for.
Copyright Goon: Your honor, we want the ISP to turn over the name of the user who has IP adress 14.34.23.29 because they are sharing "Our Song", which is our copyrighted material on the Internet.
Judge: Okay, how do you know that a computer 14.34.23.29 is committing copyright infingement against your copyrighted material.
Copyright Goon: They're offering our material up for sharing over the StealTheirMusic protocol for anybody to download.
Judge: Okay, can you prove that anybody actually downloaded that material?
Copyright Goon: Yes, because we downloaded "Our Song" from that server.
Judge: Uhm... that's not an unauthorized copy being made if you downloaded your own song. You started the download, you authorized the copy being made.
Copyright Goon: Uhm... okay. Can we search the guys computer to see if there's transfer logs that prove he transfered "Our Song" to somebody else?
Judge: No. You've gotta show that there's been an infigement first. You can't go blindly fishing like that.
Copyright Goon: Can you make the ISP let us get a trace on that IP's outbound traffic so we can look for a transfer?
Judge: No. That's still fishing.
Copyright Goon: But we're sure they're stealing "Our Song" out there. Our sales are down!
Judge: Come back when you've got some proof...