Music Industry P2P Claims Dismantled

Canarock writes "First Monday runs a great article this month from Canadian law professor Michael Geist that dismantles the recording industry's claims about the peer-to-peer. Using actual data from Canada, Piercing the P2P Myths, demonstrates that the loss claims are greatly exaggerated and that P2P has had little, if any impact on the income of the artists themselves." From the article: "The Canadian government has been the target of intense lobbying for stronger copyright legislation in recent months. Led by the music industry, which claims that it has experienced significant financial losses due to music downloading, the campaign culminated in November 2004 with a lobby day on Parliament Hill."

Comments

Re:And the point is?

[gl4ss]

uhh.. isn't the whole point in canada that IT IS NOT A CRIME currently and the music industry would like to make it one?

Amendments to the Copyright Act

[SoSueMe]

You can find out what is being proposed as amendments to the Copyright Act.

I have probably violated some section by copying the text below.

The Bill would amend the Copyright Act to implement the copyright protections required by two World Intellectual Property Organization (WIPO) treaties: the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT). Proposed amendments in this regard are as follows:

* the existing exclusive communication right of authors would be clarified to include control over the making available of their material on the Internet;

* sound recording makers and performers would be provided the right to control the making available of their sound recordings and performances on the Internet;

* the circumvention for infringing purposes of technological protection measures (TPMs) applied to copyright material would constitute an infringement of copyright;

* the alteration or removal of rights management information (RMI) embedded in copyright material, when done to further or conceal infringement, would constitute an infringement of copyright;

* rights holders would be provided with the ability to control the first distribution of their material in tangible form;

* the term of protection in photographs would always be the life of the photographer plus 50 years;

* a full reproduction right for performers in sound recordings would be introduced;

* the term of protection provided to sound recording makers in respect of their sound recordings would be modified so as to extend to 50 years from the publication of the sound recording (the term of protection provided to performers in respect of their recorded performances would be modified in consequence); and

* performers would be provided with moral rights in their fixed and live performances.

Internet Service Provider (ISP) Liability

* ISPs would be exempt from copyright liability in relation to their activities as intermediaries.

* A "notice and notice" regime in relation to the hosting and file-sharing activities of an ISP's subscribers would be provided for. When an ISP receives notice from a rights holder that one of its subscribers is allegedly hosting or sharing infringing material, the ISP would be required to forward the notice to the subscriber, and to keep a record of relevant information for a specified time.

Educational and Research Access Issues

* The current exception that permits the performance or display of copyright material for educational purposes within the classroom would be modified to enable students in remote locations to view a lecture using network technology, either live or at a more convenient time.

* Material that may be photocopied and provided to students pursuant to an educational institution's blanket licence with a collective society would be permitted to be delivered to the students electronically without additional copyright liability. Provisions in this regard would apply until such time as the collective societies' blanket licenses authorize such electronic delivery.

* In the above instances, educational institutions would be required to adopt safeguards to prevent misuse of the copyright material.

* The electronic interlibrary desktop delivery of certain copyright material, notably academic articles, directly to library patrons would be permitted, provided effective safeguards were in place to prevent misuse of the material.

Photography Issues

* Treatment of photographers would be harmonized with other creators with respect to authorship and copyright ownership. At the same time, the interests of consumers in the use of photographs commissioned for domestic purposes would be protected.

Educational Use of Internet Material

* The government will initiate a public consultation process on the issue of

Dualdiscs and "Copy Protected" CD's

[bubkus_jones]

I'm sure most of you have noticed the little notice that says that these discs (the CD side of a DualDisc), wont work on all cd players because they don't conform to CD standards. I see more and more CD's with that notice coming out, and I see at work (I work in a record shop, but it's not as cool as Empire Records, but, what could be?) many people trying to bring these discs back because they don't work in their players (discmans, home stereos, car players, computers, whatever), but they can't get a refund because what CD store gives refunds for open CD's? Not any I've been to. Hell, you can't even try it in the store, because even though may work in the store (which, none did in any of my store's players), it still might not work in yours.

So, we have discs that won't work in every player, no way of finding out what players they do work in without buying one and trying it in your players (their website doesn't say more than what I've told you, http://www.sonybmg.com/dualdisc/), and then, no way of getting your money back if they don't work. What I see resulting is a growing number of pissed off customers, who will likely download the next album (and the one they did buy) before spending money on a disc that won't likely work.

I know I don't buy any CD has that warning.