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Canada May Tax Legal Music Downloads

FuriousBalancing writes "MacNN is reporting that Canadians may soon pay a small tax on every legal music store download. This fee is the work of a measure proposed by the Copyright Board of Canada. About two cents would be added to every song downloaded, with 1.5 cents being added to album downloads. Streaming services and subscriptions would also be taxed, to the tune of about 6% of the monthly fee. Most interesting - the tax would be retroactively applied to every transaction processed since 1996. 'The surcharge would help compensate artists for piracy, according to SOCAN's reasoning. The publishing group draws similarities between this and a 21-cent fee already applied to blank CDs in the country; the right to copy a song from an online store demands the same sort of levy applied to copying a retail CD, SOCAN argues. The tax may have a significant impact for online stores such as iTunes and Canada-based Puretracks, which will have to factor the amount both into future and past sales.' The full text of the measure is available in PDF format."

246 comments

  1. WTF? by rm999 · · Score: 5, Insightful

    "The surcharge would help compensate artists for piracy"

    So now we are taxing law-abiding citizens to make up for those who break the law? Is it just me, or does this *promote* piracy?

    1. Re:WTF? by I_lost_on_jeopardy · · Score: 3, Insightful

      So now we are taxing law-abiding citizens to make up for those who break the law? Is it just me, or does this *promote* piracy?
      It's the same "punish the actual customer" attitude that's resulted in anti-piracy previews in the movie theater.
    2. Re:WTF? by monkaru · · Score: 1, Insightful

      Does nothing of the sort and only raqtionalises the already existing media levy. I doubt retroactive payment can be applied as the Charter and the Supreme Court frown on that sort of thing. Nevertheless, it isn't that big of a deal either way. Awkward at the begining I suppose. When a Canadian downloads a music file and burns it to media which has had the media levy paid it is NOT piracy but legal copying.

    3. Re:WTF? by rsmith-mac · · Score: 4, Insightful

      It doesn't even immediately make sense. Until very recently major label music was DRM'd, which effectively prevented most casual piracy. I could potentially see streaming radio used as a piracy source, but that's only for MP3 streams, and then those guys do a number of things to discourage piracy.

      Is there something I'm missing here? How can you tax someone for piracy when they're unable to use the taxed items to reasonably commit it?

    4. Re:WTF? by monkaru · · Score: 5, Informative

      In theory there is no reason to DRM music in the Canadian market as copying is legal when a levy is paid on media and downloaded music from on-line stores would also be legal to copy hence the tax. It's a case of a much larger country having Draconian copyright laws while a smaller neighbour goes at the issue in an entirely different way. Obviously, American labels aren't about to make an easy to copy version for the Canadian market.

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

      I propose we tax music makers instead. They started the problem, it's only fair.

    6. Re:WTF? by 11_biznatch_11 · · Score: 1

      We already do this. Ask any retailer they will tell you that prices are higher because of theft so you're already paying more to make up for those who break the law. It's not a clearly defined tax like this would be but the cost is still there.

    7. Re:WTF? by monkaru · · Score: 2, Insightful

      The thing is no one is stealing or breaking any laws to begin with. In Canada it is legal to post files to and retrieve files from a shared directory. It is also legal to copy music to levied media. Finally, it is not illegal to download music for personal use. The use of the word piracy by the Copyright Board spokesperson was unfortunate and misleading.

    8. Re:WTF? by Anonymous Coward · · Score: 0

      This makes it the duty of every canuck to "pirate" stuff like hell. May no "tube" in canada stay cold and cool, no , no more. There's a lot of material to get...

      Jebus fucking christ, those arrogant, greedy, evil suckers! There goes any moral high ground claims...

    9. Re:WTF? by aichpvee · · Score: 1

      So how is that NOT punishing "law-abiding citizens" and promoting piracy? Do you ride the little bus to work at that industry lobbying group or are you just a moron?

      --
      The Farewell Tour II
    10. Re:WTF? by Anonymous Coward · · Score: 0

      So now we are taxing law-abiding citizens to make up for those who break the law?

      Don't we do that anyway, when we pay taxes to cover the cost of police and prisons?

    11. Re:WTF? by monkaru · · Score: 1

      It isn't punishing law abiding citizens but giving them the right to make copies of music purchased on-line if they choose to do so. Do you really think the recording industry is happy with the notion someone can purchase their music and them make a copy for their friend without violating Canadian copyright law? Well, they can and that makes the CRIA\RIAA very unhappy which is just the way I like 'em.

    12. Re:WTF? by mrsteveman1 · · Score: 1

      Actually it looks like one step closer to a system where everyone is allowed to copy anything, and artists all earn a flat rate for making music.

      Bad idea.

    13. Re:WTF? by MicktheMech · · Score: 1

      From what I've read, it will be charged to every company that has sold legal music online, not the users. I also heard they're not going to bother with any small players, just the big corps (Apple, Puretracks, etc...)

    14. Re:WTF? by Anonymous Coward · · Score: 0

      This whole things sounds ridiculous. So does this mean that soon, if I legally download some songs, and then I burn them to a CD for my own use (so I can play them in my car stereo, perhaps), that I am now being taxed for exactly the same thing twice? Is that even legal?

    15. Re:WTF? by Kierthos · · Score: 2, Insightful

      But, technically, it is a punishment.

      "Hey, we can't find every single person in Canada who is pirating music, eh? So what we're going to do, you hosers, is charge extra for all the legal downloads. And we're going to charge for every single one of them back to 1996, eh?"

      See, the punishment isn't so much the extra tax on all future purchases. Okay, if you add a new tax, people can decide whether or not they want to continue purchasing the same item with that new tax added on. But when you make it retroactive back over a decade, that is a punishment. The purchasers can't decide to un-buy something they bought a decade ago, or five years ago.

      --
      Mr. Hu is not a ninja.
    16. Re:WTF? by Andrzej+Sawicki · · Score: 2, Insightful

      The use of the word piracy by the Copyright Board spokesperson was deliberately misleading.
      Fixed.
    17. Re:WTF? by Anonymous Coward · · Score: 0

      Canada's copyright board is openly bought and paid for by record companies? Why don't they just blatantly state as such, it's not like most Canadians are paying attention anyway.

    18. Re:WTF? by aichpvee · · Score: 1

      So what you're saying is that anyone paying that tax is legally allowed to copy any music, regardless of who holds the copyright to the record, as many times as they wish and distribute it to as many people as they wish? Because I'm pretty sure that's not how it works and I'm not sure where you would have gotten the idea that it is, even in the frozen hippyland to the north.

      --
      The Farewell Tour II
    19. Re:WTF? by pnotequalsnp · · Score: 1

      If you are as pissed off as I am you can always contact the Secretary General Claude Majeau whos signature is found on the linked pdf describing the tariff.

      "majeau.claude@cb-cda.gc.ca"

    20. Re:WTF? by Anonymous Coward · · Score: 0

      It's the JEWS, stupid... This is what the JEWS at the RIAA and its ilk, do... Screw money out of their 'cattle' (that's me and you, buddy) so that 'God's chosen people' (that's what the JEWS call themselves) don't have to soil their hands with any manual labour.

      Why do you never see Jews working on a building site? Digging ditches? Picking vegetables? Because they are parasites who regard US as their slaves.

      Have a look at www.davidduke.com if you don't believe me.

    21. Re:WTF? by gronofer · · Score: 1

      I don't follow the reasoning either. If they tax this, why not prerecorded CDs?

    22. Re:WTF? by looseSpark · · Score: 1

      This sounds to me like the surest way to change many currently legal music downloaders (who are happy to pay for their music) into illegal downloaders who resent being "taxed" for doing the right thing.

      It's not like there are very many who follow the legal route, one would think they would be treated with little a bit more respect.

    23. Re:WTF? by Znork · · Score: 1

      If we at all want a system for encouraging creative arts, the modern way to do it would be a tax/benefit scheme. Calling it 'copyright' instead and delegating the taxation rights to music industry doesnt make it any less of a tax as far as the cost to the economy is concerned. In fact, the inefficiencies and corruption factors inherent in monopoly rights is likely to cost the economy far more than a plain tax/benefit system. Not to mention that taxes are, unlike intellectual 'property', at least somewhat under democratic control, they are budgeted, and they can be analysed for efficiency (if, for example, the taxpayers money are mostly spent on marketing, obviously we're paying too much, as the funds would be intended to reward creative endeavors).

      Of course, the best step to take would be to simply remove any rights from the music industry, allow them to publish and distribute whatever they want and simply slap a 50% tax on revenue (payable to the creative talent for any particular work), effectively replacing the whole 'signing' deal with a standardized compensation for reproduction. Which could then be tuned to the most equitable system that gets us the maximum production.

    24. Re:WTF? by Anonymous Coward · · Score: 0

      We should already have the right to copy for personal use. When we "buy it", we should be able to use it however we like.

      Paying the fee on the blank media (and this new fee too), is in my opinion purchasing the right to distribute.

      CN

    25. Re:WTF? by mabhatter654 · · Score: 1

      the tax on BLANK CDs makes some sense, but putting a fee on music downloads is like putting a fee on pre-recorded CDs because people might pirate them... that cost should be part of the label's price of selling you the files, not some government demanded fee. What's worse is that the fee goes to the copyright "board" and not the artist, so that's not like royalties they already get for music sales, but something extra going to the COMPANIES and the artists don't get.

    26. Re:WTF? by John+Jamieson · · Score: 1

      If the retailer is implying there is a tax on music in canada to compensate for copying they are wrong... What is new?
      There is no special music tax in Canada to compensate artists. The tax is on the media - blank cd's and tapes. The only
      exemption are organizations like record companies or churches who produce content and distribute/sell tapes.

      Otherwise I still have to respond to your statement
      "so you're already paying more to make up for those who break the law" Ahemm... How many times will I write this... THEY ARE NOT BREAKIN THE LAW IN CANADA.

    27. Re:WTF? by John+Jamieson · · Score: 1

      It depends

      If you (legally) download via a P2P client, then you are only paying tax on the media.

      If you (also legal) download from a payed service, then you are paying twice.

      I still don't think people are comprehending that personal copies of music are LEGAL in Canada.

    28. Re:WTF? by John+Jamieson · · Score: 1

      How does one download music illegally in Canada? That would be a neat trick.

    29. Re:WTF? by looseSpark · · Score: 1

      Well, I am not a lawyer, Canadian or a big music downloader so I have not really kept up with this issue, but yes, I see that downloading music through P2P is currently legal in Canada (but this could easily change; if it does, will the tax?). However, the fact I wanted to make was that there is no longer any real incentive for people to use traditional digital music outlets any more and many people will switch to P2P to avoid paying the tax twice. Digital music distributors may lose a lot of business and artists may not get end up being paid as much.

      I'm not saying it's a bad thing necessarily--it may end up being good for the music industry for things to change and business models to be shaken up (God knows, some of the artists don't deserve that kind of money and many could do with less money to spend on Humvees and crystal meth) but I just don't think taxing those who download music through traditional digital music outlets, who are already paying for their product (some perhaps out of conscience) is necessarily the appropriate solution.

    30. Re:WTF? by Anonymous Coward · · Score: 0

      good thing I either pirate all my music or write zero in the price box!

    31. Re:WTF? by vivtho · · Score: 1

      What's the logic behind this proposed law? I can (almost) understand taxing the sale of blank CDs as they could be used for making copies of music without compensating the artist.

      But this proposal is insane. They want the people who are actually paying for the music to pay more because they _might_ share the music with others (doesn't Canada follow the principle of "Innocent until proven guilty"?). Moreover, it's not like this law is applicable to DRM-free music that could conceivably be easier to share.

      My personal opinion is that if I'm going to be paying money to compensate the music company for music that I might share, I might as well as go ahead and share the music anyway.

    32. Re:WTF? by lsatenstein · · Score: 1

      Gee, I did not know you downloaded music. Anyway, In France and some European countries I am told, the tax on a blank cd is around 60 cents. So, when you need cds in these countries, you go to the flea market and buy the black market ones. As for the tax on the downloads. It would be collected at time of sale by the vendor no less. And since the vendor already has a portion of that selling price as royalties, you can rest assured that fancy accounting will remove the Canadian Government contribution from the amount to be distributed as royalties. And for Canadians that want to save a whole bundle, use an american address. Anyway, the music is pre-paid so the target address would serve to circumvent the tax.

      --
      Leslie Satenstein Montreal Quebec Canada
    33. Re:WTF? by John+Jamieson · · Score: 1

      Yes, your idea makes sense... The services like iTunes will be that much less attractive now.

      The slashdot summary was not well written, leading a LOT of people to assume that copying music for personal use is illegal in Canada.

      My concern is usually with the artist, most of whom are not crackheads, and who usually makes nothing off a recording. Artists make money off of touring and usually merchandise. If everyone went to a concert or bought a groups tshirt for one of every 10 "cd's" that they copied(or downloaded), the artists would be richer than if we bought the recording.

  2. A tax on not committing piracy by Anonymous Coward · · Score: 5, Funny

    Because of the health costs of tobbaco, Canada is proposing a new tax on non-smokers.

    1. Re:A tax on not committing piracy by Anonymous Coward · · Score: 2, Interesting

      Because of the health costs of tobbaco, Canada is proposing a new tax on non-smokers.

      Actually, that could make sense. Smokers die much sooner; as a result, they are much less likely to receive the same benefits from their pension plan that a non-smoker would receive. Every smoker who dies at 60 or 65 saves the government and their employer a lot in pensions.

      It is often said that smokers cost the health care system more - I'm not sure that is true. Since everyone dies, are smokers just running up their health care costs sooner than non-smokers?

    2. Re:A tax on not committing piracy by diamondmagic · · Score: 3, Informative

      Treatment of a smoker is even more expensive then the longer life of the average non-smoker, and there are plenty of sources to back it up. Google pulled up these articles:
      http://www.cdc.gov/MMWR/preview/mmwrhtml/mm5114a2.htm
      http://www.bera.com/smoking.htm

    3. Re:A tax on not committing piracy by Trolan · · Score: 1

      True, but since when have facts ever stopped a government entity looking for an additional source of income?

    4. Re:A tax on not committing piracy by DerMatsi · · Score: 1

      I skimmed both articles, they focus on medical costs related to smokers vs non smokers, not on medical costs related to smokers vs total costs for non smokers. So nothing about the tax on tobacco, duration of pensions/welfare, jobs sustained and lost because of smoking, import/export of tobacco and related goods, productivity lost due to smoke breaks, fires started by carelessly discarded cigarettes or the carbon emissions from lighter fuel.

      The medical part is just one of the many factors of the economical impact that smoking has on our world, so purely medical accounting will give a twisted view of the numbers.

      --
      v4sw4+6CShw4ln4pr3/4OPck3ma6u6Lw4Xm1l5DiNe4+7t4/5MRWb8HTen5a2Xs6MSr1p-5.75/-5.33g5/6GT hackerkey.com
    5. Re:A tax on not committing piracy by BlueStrat · · Score: 4, Insightful

      Treatment of a smoker is even more expensive then the longer life of the average non-smoker, and there are plenty of sources to back it up. Google pulled up these articles:
      http://www.cdc.gov/MMWR/preview/mmwrhtml/mm5114a2.htm
      http://www.bera.com/smoking.htm


      Diamondmagic, this isn't aimed at you personally, but I feel I have to say a few things here.

      ~rant on

      This is what I hate about strident anti-smoking groups and individuals. You could say the same about a multitude of perfectly legal accepted behaviors.

      What about over-eaters? Those that participate in risky sports? People who work really hard at their jobs? Explorers? Astronauts? Scuba divers? Mountain climbers? Consumers of alcohol? Those that choose to live in high-crime areas? What about those irresponsible people that go outside in cold weather without a hat and heavy enough coat? Those that don't have an exercise regimen? Meat eaters? Those that (in someone elses' opinion) spend too much time at a computer/surfing the net/playing games that some may consider harmful?

      How about people who deliberately expose themselves to harmful ultraviolet radiation to get a tan? Driving or traveling by automobile is one of the riskiest common behaviors, and far surpasses the costs to society of tobacco, even considering the insurance required of drivers in most states.

      I flatly refuse to believe all these 'secondary-smoke' alarmist advertisements, stories, and studies. They fly in the face of common sense, and I believe they are constructed as a reason to further regulate and legislate behaviors for the sake of politics power and money. They rarely work as "intended", witness Prohibition and the "War On Drugs", but usually succeed at expanding government power and reducing individual rights.

      It is the nature of humans to engage in risky behaviors, even those that they know are harmful to themselves. The only way to stop it is to put everyone in a Matrix-type tube of goo for their entire lives.

      Sure, by all means make sure people understand the risks, and try to place minimal, well-reasoned, and practical restrictions that are agreed to by the majority on the extremes, but drop the idea that you can or should try to regulate through law and taxes every behavior that someone thinks may be harmful, for it may be something that matters to *you* that may be the next crusade of the behavior-gestapo.

      ~rant off

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    6. Re:A tax on not committing piracy by Desipis · · Score: 2, Insightful

      You could say the same about a multitude of perfectly legal accepted behaviors.

      Many of the things you list, the major risk is injury (or death) which to much cheaper to treat (bandages, plaster cast, a few weeks in hospital or just a coffin) than the long term illness (years of in & out of hospital, expensive drugs and dedicated caring) that smoking creates. Others such as obesity, unhealthy diet, no exercise I would support a tax on. As for uv radiation, you could tax solariums but taxing people in the sunlight is just unfeasible.

      There are some things you list such as driving where the benefits gained outweigh the costs, i.e. if no one drove then society would be so much less productive that we may not even have hospitals. Smoking is almost completely unproductive.

      I flatly refuse to believe all these 'secondary-smoke' alarmist advertisements, stories, and studies. They fly in the face of common sense, and I believe they are constructed as a reason to further regulate and legislate behaviors for the sake of politics power and money.

      Up until this point you had somewhat of an argument. Now you're just being silly and paranoid. There's scientific evidence behind the notion that second hand smoke causes harm. If it was about power and money then wouldn't "The Man" be all for pushing this high tax, high price addictive substance?

      It is the nature of humans to engage in risky behaviors, even those that they know are harmful to themselves. The only way to stop it is to put everyone in a Matrix-type tube of goo for their entire lives.

      It's not about stopping people doing it, it's about ensuring the cost the person pays represents the entire cost of the action (the tax0 and preventing that person making the choice for someone else (bans on smoking in public places). Besides, if it's not going to stop you, what are you complaining about?

      Sure, by all means make sure people understand the risks, and try to place minimal, well-reasoned, and practical restrictions that are agreed to by the majority on the extremes, but drop the idea that you can or should try to regulate through law and taxes every behavior that someone thinks may be harmful, for it may be something that matters to *you* that may be the next crusade of the behavior-gestapo.

      Come up with methods for other issues that distribute the hidden costs and I'll support it.

    7. Re:A tax on not committing piracy by Anonymous Coward · · Score: 0

      How many cigarettes did you smoke while typing this rant?

    8. Re:A tax on not committing piracy by iCEBaLM · · Score: 1

      I flatly refuse to believe all these 'secondary-smoke' alarmist advertisements, stories, and studies. They fly in the face of common sense, and I believe they are constructed as a reason to further regulate and legislate behaviors for the sake of politics power and money.

      You find it hard to believe that people who inhale smoke become damaged and/or die? Really now?

    9. Re:A tax on not committing piracy by ceoyoyo · · Score: 1

      Smokers more than pay for themselves in taxes though.

      So I think smoking is an excellent idea, so long as they do it away me. Plus any other non-smokers or children.

      Same with motorcycles. We should repeal the helmet laws but require that all helmetless motorcyclists are automatic organ donors. I might need a kidney one day.

    10. Re:A tax on not committing piracy by p0tat03 · · Score: 1

      Those that choose to live in high-crime areas?

      Yes, because levying a tax on those who "choose" to live in a high crime area surely will make the problem BETTER. Seriously, you really believe people CHOOSE to live in a shitty neighbourhood? I've lived in one myself, and I thanked all the applicable deities when my circumstances improved enough for me to GTFO.

      Meat eaters?

      Meat eaters are a health risk now? What about the malnutritioned vegans who refuse to plan a proper vegetarian diet, and end up rich, spoiled, malnutritioned asses despite having all of the wealth in the world to remain perfectly healthy? I'm not saying a guy stuffing a 70oz steak down is healthy, but don't assume vegetarianism (or worse, veganism) is automatically healthier than omnivorous behaviour.

      Also, I do believe (here in Canada anyway), that people who engage in dangerous snowsports do end up footing the bill themselves. People who break a bone down a manicured ski hill are treated by our public health system, but if you get lost in the back woods and had to bring in a rescue team, you get to foot THAT bill.

    11. Re:A tax on not committing piracy by Cardcaptor_RLH85 · · Score: 1

      So, all that someone how wanted to ride a motorcycle without a helmet but not donate organs would have to do is use various drugs then. Drink a lot, smoke a lot, be a paid subject for various new medicines, do whatever it takes to get your organs rejected. Then you have circumvented the law ^_^

      Truthfully, I am against laws to protect people from themselves. If someone is operating a motorcycle without a helmet and is involved in an accident, the other driver's insurance, assuming the other driver was at fault of course, should have a capped payout based on an approximation of how much of the injury would have been avoided with proper helmet use. I believe that it should be the same way with seatbelt usage. That way, someone else not wearing a helmet or seatbelt doesn't become MY problem and if I choose to do dangerous things I don't have to worry about causing others undue financial harm.

    12. Re:A tax on not committing piracy by diamondmagic · · Score: 2, Insightful

      Great grandparent only asked about medical costs, this is a nice article about the bigger picture: http://www.cato.org/pubs/regulation/reg20n3c.html
      It says the government probably is making more off taxes then the cost of smoking, and that it is stupid to say that its purpose is to fix the social/medical cost when it is really about bureaucrats making money, kinda like the music industry.

    13. Re:A tax on not committing piracy by aztracker1 · · Score: 2, Insightful

      I can't say for myself so much, as I am a non-smoker, and always have been... however, smokers tend to take more regular breaks throughout the work day, and are less likely to get burnt out at a job... and could potentially be more productive overall.... However, I don't believe that socializing medicine is a good idea, and as such, smokers would have to pay more for themselves, so it is their own choice... Time may change this, however smokers already pay huge taxes on each pack of cigarettes in this country, so even if it is socialized, then those funds should probably be used to cover additional costs, instead of it being a special sin tax that it is today.

      --
      Michael J. Ryan - tracker1.info
    14. Re:A tax on not committing piracy by Emetophobe · · Score: 1
      I smoked for almost 10 years (I finally quit earlier this year). I was a polite smoker and I never smoked around other people. I knew how much people hated having to smell or inhale other peoples cigarette toxins. A majority of Canadian provinces banned smoking in public places for a good reason. See this site for the rules (they vary from province to province).

      http://en.wikipedia.org/wiki/Heather_Crowe. Heather Crowe died from lung cancer after working as a waitress in a smoke filled environment for most of her life. She was one of the main reasons smoking is now banned in public places like bars and restaurants here in Ontario.

      Heather Crowe (born April 23, 1945 in Yarmouth, Nova Scotia, died May 22, 2006 in Ottawa, Ontario) was a former Canadian waitress who became the public face of Canada's anti-smoking campaign. She contracted lung cancer in 2002, allegedly from second-hand smoke encountered at her workplace of over forty years, and later appeared in numerous television public service announcements. The last place she worked was the well-known Newport Restaurant in Ottawa.

      She famously claimed to have "never smoked a day in her life". In 2002, she submitted a successful claim relating to second-hand smoke exposure in the workplace to the Ontario Workplace Safety & Insurance Board for lost earnings and health care benefits.

      Thanks in large part to her lobbying, the province of Ontario passed a tough anti-smoking bill which came into effect four days after her 2006 death of lung cancer at the age of 61.

      From this CBC story:

      Crowe was the first person to win a claim with the Ontario Workers Safety and Insurance Board for full compensation because her cancer was caused by occupational exposure to cigarette smoke.

      From the Health Canada website:

      Second-hand smoke is what smokers exhale and what rises from an idle burning cigarette. You can see smoke in the air but what may not be so obvious is that there are 4,000 chemicals in the smoke.

      More than 50 of these chemicals are carcinogens: they cause cancer. The chemicals also contribute directly to other diseases, such as asthma, heart disease and emphysema. And that's for smokers and non-smokers alike.

    15. Re:A tax on not committing piracy by jez9999 · · Score: 1

      As for uv radiation, you could tax solariums but taxing people in the sunlight is just unfeasible.

      Nonsense! What's so difficult about staying in the basement all day?

    16. Re:A tax on not committing piracy by Moridin42 · · Score: 1

      Smokers already do pay more. In health insurance premiums, in vice taxes levied on the cigarettes, and by dying earlier and not collecting the full portion of their FICA benefits (for US smokers, anyway).

      Whether or not the extra that they pay is roughly equivalant to the costs they impose on the system, I don't know. Thats a lot of numbers that need to be discounted based on how far into the future they are and such.

      --
      I don't expect morality, equality, consistency, or justice from the law. I expect only legality.
    17. Re:A tax on not committing piracy by sabinm · · Score: 1

      I'll take this one.

      Besides automobile driving, there is not one of those activities that both immediately and irrevocably put the health and well being of the non-participant at risk.

      You don't believe years and years of peer reviewed science? Second-hand smoke has been proven to be harmful to everyone involved.

      The difference between astronauts, rock climbers, explorers, extreme sports folks etc. and smokers is obviously apparent. Each of those activities plainly demonstrate the risk and even go as far as exaggerating their own risk to those who are unfamiliar with them as to discourage casual dalliance into the aforementioned activity. Each of those activities have publicly presented evidence of the harm that can come to a competent person who participates in those risky activities. Not so with smoking. It's exactly the opposite. The cigarette companies not only failed to disclose the real risks of smoking for decades, they intentionally lied about it, conducted resarch that proved that their product was fatal and then hid the research from the public, from investigators and from the government.

      So yeah. In this case the government is strangely doing something positive: they are assisting private citizens to be duly informed of a risk that they were lied to about for decades. They are actually working to undo the harm that a private entity wrought on Americans. That means that they are actually doing their job for once. The strange thing about cigarettes is that no matter how much you tax them, people still buy as much as they used to.

      Battery's running out on my laptop. Discuss.

      --
      http://cincyboys.blogspot.com/ Everything Cincinnati. Including the word 'Finnih'
    18. Re:A tax on not committing piracy by TheVelvetFlamebait · · Score: 1

      Because people are managing to smoke their cigarettes without paying them.

      I know, pretty weak, but I wasn't given anything witty to work with.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    19. Re:A tax on not committing piracy by darthflo · · Score: 1

      "Drink a lot[...]"
      Please, feel absolutely free to do so right before riding your motorcycle. Usually you'll either relieve your government by not requiring any more health benefits and pensions or you'll help finance those by giving that nice dude with the car with flashing lights on top some of your money. Way to go, lawbreaker :)

    20. Re:A tax on not committing piracy by Anonymous Coward · · Score: 0

      I personally cannot enter quite a number of establishments in Pittsburgh Pennsylvania for example, because of smokers. There is no reasonable argument that someone who overeats damages me. But look, If I walk into one of these establishments I guarantee that I will have trouble breath for the next 2 to 3 days. I will have to take an inhaler. You can't tell me that something that causes me to caugh, and weeze, something that my body is obviously rejecting, isn't bad for me. That makes no sense, it "flies in the face of logic" as you say. Second hand smoke is obviously bad for you, it's been proven so.

      Personally I'm all in favor of legalizing heroine, cocaine, or any other arbitrary drug. I'm fine with marajuana as well, but like cigarettes, keep in the hell away from me if I don't want to smoke it. I don't give a shit if you want to kill yourself, that's your damned problem. Smoking though affects ME, and you do not have the right to kill ME, only yourself (actually you don't in the US due to life insurence, but that's a different matter, and really stupid).

      Think of it this way, we have (or at least should have) emissions laws for everything else, cars, trucks, factories. I want emissions laws on YOU, the smoker. I will readilly admit that I'm a bit of a special case, I've had chronic asthma my whole life. My asthma is well under control and I do any sport I like including running, mountain biking, kayaking, backpacking etc. Asthma is becoming rediculasly common now. I'm beginning to wonder how long asthmatics will be in the minority, and there are several times that many near asthmatics, only diagnosable after exposure to a trigger (such as smoke). This isn't a case of bandering to a small minority, and it's certainly not just the asthmatics who care. What do you blame for the rise in asthma? Certainly not smoking alone, but it's an easy one to curb. Like I say, I'm in favor of emissions laws in general.

      Personally I've found that while backpacking far enough out in the wilderness I do not even require an inhaler, I never have any problems because the air is cleaner. Thus I would argue that my asthma is almost completly polution induced. I.E. it's only because of dicks who put piles of shit in the air that I'm dependant on drugs. You can't tell me that something that causes me, and friends of mine who do not have asthma, this much trouble isn't doing me and everyone else damage. Try opening up a lung of say... a bartender who doesn't smoke. I bet you'll find his/her lungs are black with tar. I mean, school teachers lungs are white with chalk, many of them have major health issues related to inhaling chalk. Smoke isn't special, your lungs are meant to inhale AIR, and nothing else. We can deal with some small contaminates, but not that much, and not day after day. Consider also a firefighters lungs, those get pretty bad. They normally wear ventalators. They only inhale second hand smoke, your going to tell me that this doesn't cause them health problems? I'm aware that they inhale a much more generic smoke than just cigarette, but smoke is smoke, it's all bad for you.

    21. Re:A tax on not committing piracy by ILongForDarkness · · Score: 1

      The strange thing about cigarettes is that no matter how much you tax them, people still buy as much as they used to. Yeah, they might not be paying all the taxes though. The majority of smokers in my area drive an hour to an indian reserve(or have someone pick up theirs while their there) and pick up a dozen or so cartons at $15 a piece (compare to 50 with taxes at the local stores). The end result is more carbon immissions and a bunch of bitchy smokers. Also, most of them claim to smoke more when they have a bunch left, so buying by the thousands is probably not the best for them.

      You can only tax so much, before you drive people out of the legal market. These people are addicts and will do what it takes to get their fix. I don't like the current system, I think the government should go one way or another. Either make illegal the substances that have a sin tax associated with it, or, drop the taxes on them. Don't say they aren't good, you have to pay more but can do it anyways. How do we know if the taxes impossed are going to cover the costs of treatment in the future, when we don't know the method of treatment that will be used?

      I work at a cancer centre. The more advanced types of radiation treatments, like what you'd need for a lung, think about it you have a moving object, near a bunch of organs with huge change in density (air pockets), rather than something less dynamic like a breast or a prostate. With current methods, our machine costs about 2M, and staff time, your looking at about 3000 dollars for a couple hours of treatment time (spread over a couple weeks).

      In order to treat the more advanced cases like lung, you need another 1M for a better imager on the machine, and easily triple the staff time to plan the patient. So roughly $5000 for treatment. Not only that lung is more likely to spread of cause other complications, like being on a respirator for the rest of your life. Anyways, thats my rant about that, there can be an order of magnitude or two difference between estimated and treatment cost, because new technologies come in. In a socialist healthcare system like Canada, you end up paying for the more expensive treatment because it will give better patient care.

      A better solution would be, if you smoke you have no health coverage and you have to pay for your own treatments (either a list of smoking related diseases, or everything, to make sure we don't miss a disease that is caused by smoking or whatever sin we are punishing).

    22. Re:A tax on not committing piracy by IncandescentFlame · · Score: 1

      I am the eldest of five children. Of those five, I was the only one who had childhood asthma (the severity was such that I was being prescribed drugs for several years). My father quit smoking when I was three, before any of my other siblings were born. Take preceding statements, apply logic and see what you come up with.

      You can say what you like about correlation and causation, but the fact of the matter is that secondary smoke is harmful, in particular to children.

      As a smoker if you wish to slowly kill yourself, then I don't care. But don't exhale. Cause you have no control over the stuff that you breathe out after its left your mouth.

      People are allowed to take risks and endanger their own lives. When they attempt to undertake actions that endanger other's lives or have a serious potential to harm others, that is in most cases against the law.

      So, in my not so humble opinion sir, in the politest possible terms, I suggest that you take your rant and smoke it.

    23. Re:A tax on not committing piracy by ceoyoyo · · Score: 1

      Sure, but most probably won't do any of those things specifically to avoid donating organs. Some may already be doing them, of course. Still, I think the pool of donated organs would go up.

      I agree with you about not making laws to protect people (who should know better, children and the disabled are another matter) from themselves. But, their right to harm themselves ends unquestionably where my right not to have them harm me begins. So for smokers, do it in your nice little air tight smoking rooms all you want, but not around me (or your children).

    24. Re:A tax on not committing piracy by Echnin · · Score: 1
      His post was responding to a post that proposed that smokers might be a lesser burdern on society than non-smokers, and he came with evidence that refuted this claim. Say all you want about stupid things humans do that shorten their own lives, but that doesn't make it a burden on society. Comparing driving and smoking in this manner is the stupidest thing I have heard this year, though. Driving serves a purpose. People need to get to their jobs. Items need to be transported. Smoking is just something done for momentary satisfaction. Your post is just ridiculous and illogical.

      In any case, you're taking this one argument and misrepresenting the agenda of everyone who's critical of smoking. I don't give a shit about whether you want to kill yourself slowly with tobacco, but just do it without causing me grief. Because indeed, other people smoking is a direct source of grief in my every-day life. Where I come from, smoking is banned in restaurants and bars. Now, however, I'm spending a semester in China, and every time I go out to drink here I'm exposed to other people smoking. It makes my throat hurt all night. It makes my eyes run. The next day my clothes stink of tobacco, and if I've just thrown them on the floor as I'm wont to do after returning from a night of drinking, the entire room stinks of tobacco when I wake up. I'm eating at a restaurant, and the guy at the table beside me starts smoking, causing me to lose my appetite. I've stopped going to karaoke with classmates because the karaoke room just turns into a gas chamber. I feel like a jew at Auschwitz. What am I going to do? I can't exactly ask all my friends to not smoke inside. All this stuff is very easily avoidable. Is it so hard to just go outside if you want to smoke that badly?

      You "refuse to believe" that smoking is a burden on society. Fine. You seem to "believe" a lot of things that seem very convenient for your agenda, which I assume is to be allowed to smoke whenever and wherever you want. Basically you want people like me to suffer - and yes, I do suffer - because you're addicted to a drug. I believe you are being irrational.

      --
      Lalala
    25. Re:A tax on not committing piracy by CastrTroy · · Score: 1

      Treatment of someone who is grossly obese, or who never exercises is also much more expensive than treatment for someone who exercises regularly, and watches what they eat. Maybe they should start to tax unhealthy food. Either than, or somehow offer tax refunds for those who maintain a healthy lifestyle.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    26. Re:A tax on not committing piracy by clay_buster · · Score: 1

      It doesn't look like either study takes into account (morbid) pension savings. I didn't see it in either of the article abstracts. Decreasing smoking increases the pension costs and removes the tobacco tax gravy train. It will be interesting to see how the government budget picture changes over the next 20 years because of the reduction in smoking combined with lower birth rates.

    27. Re:A tax on not committing piracy by toddestan · · Score: 1

      They already do that in some places. In Minnesota, atleast where I live, sales tax applies to junk food such as Doritos, candy bars, and pop. However, there is no sales tax on things like most fruits and vegetables, milk, and stables like rich and flour.

    28. Re:A tax on not committing piracy by Atroxodisse · · Score: 1

      People will use all kinds of funny logic to justify their bad habits. Second hand smoke kills.

      --
      Read my short stories - You won't regret it.
    29. Re:A tax on not committing piracy by Anonymous Coward · · Score: 0

      Well said. Slashdot has more than it's fair share of arm-chair scientists, and I'm not surprised you took a lot of crap for posting this.

      There is no scientifically agreed upon correlation between second hand smoke and smoking related illness. The area of study that would determine this is epidemiology, and to date there has been no empidemiological link between the two.

      The CDC is notorious for it's insane smoking figures. They don't even make any sense. It's maddening because everyone and their dog uses the CDC 400,000 (400,000 is the fantasy number of people who die each year from smoking related illness) without ever bothering to look in to how that number was derived.

      The single largest significant factor that leads to premature non-accidental death in the civilized world is wealth. The more money you have, the longer you'll live (statistically). Wealthy smokers live, on average, longer than poor non-smokers.

      Smoking has been around for a long time, and on scales that would make smoking related illnesses an EPIDEMIC if they actually existed. At one point over 40% of the population of Great Britian smoked (!!!!)-- certainly this is a large enough pool for any real issues to become obvious.

      Lots of 100+ year olds are smokers, and the Japanese (who have a much higher percentage of smokers than the US or Canada) outlive Americans and Canadians.

      People have all kinds of reasons for going after smokers. None of them are grounded in science however.

      And if anyone here cares, you have a higher chance of dying in a car accident (even as a pedestrian) than from dying from a smoking related illness AS A SMOKER.

      'Screw you hippies.'
      -Me

    30. Re:A tax on not committing piracy by Desipis · · Score: 1

      ... and could potentially be more productive overall...

      Basically every study I've seen supports the opposite, over the long term. Sure the reduction in stress from smoking and taking breaks can be beneficial in the short term, however the medium & long term health effects far outweigh the short term benefits that you mention.

      However, I don't believe that socializing medicine is a good idea, and as such, smokers would have to pay more for themselves

      Unfortunately even without a 'socialized' health system, many smokers are poor and cannot afford to pay for the health care they'll eventually need. Coupling the fact that it's unfeasible to determine insurance status for emergency procedures with the increased occurrence and cost of smokers' emergency treatment and you'll see that smokers increase the cost to the health system and in many cases will be unable to pay.

      then those funds should probably be used to cover additional costs, instead of it being a special sin tax that it is today.

      Oh I agree that the tax should be determined by the 'marginal cost' of the effects of smoking the cigarettes and I'm against the notion of a 'sin tax'. That said, given the scientific evidence of the harm of second hand smoke, I'm for banning of smoking in all public places.

    31. Re:A tax on not committing piracy by Grendel70 · · Score: 1

      I believe it was Larry Niven who said, "Think of it as evolution in action."

      --
      Perhaps you mean a different thing than I do when you say "science."
    32. Re:A tax on not committing piracy by Weedlekin · · Score: 1

      "Driving serves a purpose"

      Some driving serves a purpose, but most of it is due to laziness, force of habit, or both.

      "People need to get to their jobs. Items need to be transported."

      The problem with this justification is that it's entirely the result of circular reasoning. People drive to work because cars allow them to live a long way from their jobs; the jobs are therefore also able to move outside towns that have alternative transport hubs (and expensive land because it's strategically located) because people have cars to reach them, but they also require goods to be transported by road because they're not near any alternative transport systems. Once you have a mobile population and the ability to be supplied with goods almost anywhere, retailers can also move outside the towns to places where land is cheaper because it's agricultural, and they together with industry that also buys up the cheap land push agriculture further from population centres to places where their goods and workers now have make long road journeys. The fact that these out-of-town outfits are producing and selling _exactly_ the same things that were already available tends to be very conveniently overlooked by those who want to pretend that the fumes, noise, and accidents caused by motor vehicles is a necessary evil because everything's so far away from everything else.

      "You seem to "believe" a lot of things that seem very convenient for your agenda"

      Whereas you are obviously a completely impartial, fact-filled fount of wisdom who obviously has no agenda whatsoever, hence comments such as:

      "Basically you want people like me to suffer"

      And after writing that piece of sad persecution-complex tripe, you then go on to accuse the parent of being irrational in what has to be either a brilliant piece of comedy, or an awesome display of utter hypocrisy. I really hope for your sake it was the former rather than the latter.

      --
      I'm not going to change your sheets again, Mr. Hastings.
    33. Re:A tax on not committing piracy by CastrTroy · · Score: 1

      They kind of do that in Canada, but it's justified a little differently. They don't charge tax on groceries. So if you buy a single donut, it get's taxed. However, if you buy a dozen donuts, it's considered a grocery, and because they are bakery goods (even if they are from Tim Hortons) then it is not taxed. Things like potato chips, chocolate bars, and other snack foods are taxed because they are classified as "not groceries". I kind of like it. There was a tax-free sale at my local grocery store, and I remarked to my wife, that it's a stupid sale because most stuff isn't taxed anyway. On a typical grocery store trip, I'll only have about 5 items that are taxed. with the vast majority being untaxed.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  3. So, there ya go by SpacePunk · · Score: 1, Funny

    Well, I can't think of anything particularly witty other than 'FUCK THEM'.

    1. Re:So, there ya go by mh1997 · · Score: 1

      Well, I can't think of anything particularly witty...
      How about:

      WTF, a government finding yet another way to take money and use it to buy votes!? I've never heard of such a thing.

      Not particularly witty, but the best I could do after a few beers and not much sleep.

    2. Re:So, there ya go by rtyhurst · · Score: 1

      I find the brevity and eloquence of your analysis to be admirable.

      As a proud, music-loving Canadian I must agree.

      http://www.boingboing.net/2005/11/16/barenaked-ladies-rel.html/

  4. Sound plan. by Dekar · · Score: 1

    Because, obviously, charging more for legal downloads is going to help reduce piracy.

    1. Re:Sound plan. by TheVelvetFlamebait · · Score: 1

      It's worse than that. Why the hell would they force extra charge for legal downloads? Labels are inflating prices as they are in order to pay for piracy, so what's with the legal mandate?

      Or does the tax apply to all legal downloads, big label related or not? In which case, they are targeting the wrong people! Sites with free legal downloads would shut down rather than charging the tax, and those who legally charge for their music are mostly serving people who have found alternatives to piracy, and thus wouldn't be the ones pirating the most. Besides, they are a relatively small group as it is, so there really isn't any money in it.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  5. Theoretically Speaking by ChromaticDragon · · Score: 5, Interesting

    Just how do we get connected to this gravy train?

    Can we just churn out some simple recordings, demonstrate it's theoretical pirating rates and call up somewhere to get some dough?

    1. Re:Theoretically Speaking by Anonymous Coward · · Score: 2, Funny

      I find your idea intriguing and would like to subscribe to your newsletter.

    2. Re:Theoretically Speaking by hosecoat · · Score: 1

      1. record album
      2. put on bittorrent
      3. profit

    3. Re:Theoretically Speaking by NotQuiteReal · · Score: 2, Funny
      I too would like to subscribe, retroactively.

      I will pay a small extra fee if I can be subscriber number 000001.

      --
      This issue is a bit more complicated than you think.
    4. Re:Theoretically Speaking by GuldKalle · · Score: 1

      Sorry, you can't.

      See, he recently switched to a 64 bit user ID scheme, so you'll be subscriber number 0x0000000000000001

      Didn't you get the newsletter, retroactively?

      --
      What?
    5. Re:Theoretically Speaking by Anonymous Coward · · Score: 0

      I could have sold 100,000 copies of my song last year but it was all pirated. Give me my money!!!

  6. That would suck by CastrTroy · · Score: 4, Insightful

    If they started implementing this, I would probably just have to stop buying music altogether. It's getting way too annoying for me to buy music without being ripped off by the industry. I use eMusic to buy my music, and if I had to pay this extra fee, I would cancel my account, and let them know exactly why. If enough online music stores had enough customers quit, then I think that the backlash from these companies would make the government change their mind about this kind of stuff. Also, trying to make things like this retroactive, would make it even worse. The industry complains that people are pirating music, and then hits their customers with crap like this. I've gone completely legit for the last few years, because I feel that it's right to support the artists, but stuff like this makes me want to go back to downloading everything over IRC. If they are just going to assume that we are pirating all their content, we might as well do it, because they certainly don't deserve our money.

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    1. Re:That would suck by Anonymous Coward · · Score: 2, Interesting

      I for one hope this goes through.

      It's the law of unintended consequences. Due to the Levy on blank media, I can copy/download as much as I please, all completely legal in Canada

      Add another Levy and I'll have even more protection from the lawsuit insanity going on in the US.

      And I wonder how this works to the CRIA's advantage as that they are attempting to get rid of the levy on blank media for the afore mentioned reason.

      I don't pay to download music now, Why would I start?

    2. Re:That would suck by Shados · · Score: 2, Interesting

      If I remember well (being Canadian too), its actually not "legal" in Canada to download and copy as much as you want, BUT there is ONE (I beleive just one) precedent of a judge letting someone off when they used as a defence that the levy paid for their piracy... so you most likely can get away with it, but its not written black on white that its "completly legal". its just a gray area that plays heavily in our favor.

    3. Re:That would suck by mh101 · · Score: 1

      I'm an eMusic subscriber from Canada too, and this scenario came to mind as well. But then I realized that it's an American music store, and I am buying music from them in US$. So that likely would make them exempt from this. Kinda like how I've never been charged GST for items I've bought on eBay from US sellers (well I would by the customs folks if the value was high enough, but that's not quite the same as this scenario). It's a little different than with companies like Amazon and Apple that, although US based, operate a Canadian store.

      --
      Duct tape is like the Force. It has a light side, a dark side, and it holds the universe together.
    4. Re:That would suck by Cecil · · Score: 1

      I'd rather pay GST than those goddamn "brokerage" fees. I hate buying from the US.

    5. Re:That would suck by ceoyoyo · · Score: 2, Interesting

      Not quite. It's in black and white that it's legal to make a copy of music someone else has purchased for your own personal use. It's in the act.

      There's one detail that can potentially be argued, and that's whether SHARING (or uploading) music is the other guy making a copy for himself (legal), or you making a copy for him (which is illegal). The precedent is that this too is the other guy making a copy for himself, and therefore legal.

    6. Re:That would suck by StormReaver · · Score: 1

      "If they started implementing this, I would probably just have to stop buying music altogether."

      I started doing this about ten years ago. If you decide to take this route, you'll discover the same thing I did: you're not missing anything. For any given musical style, there is a VERY small subset of originality which gets exhausted after just a few songs.* From that point on, it's all just minor variations on the same old themes.

      * Yes, I know that mathematically music has much more range than I'm stating. However, the range that is marketable/marketed is a tiny, insignificant fraction of that total range. Also, like the range of octaves on a piano, most of that range is painful to listen to for any significant length of time.

  7. WTF? by the_fat_kid · · Score: 1

    retroactive!?!?!
    so Canada is going to send out a bill for 11years of back tax to every Canadian who down loaded legal music?
    that should be popular.

    --
    -- Sig under construction...
  8. Punish those who pay. by GoatBastard · · Score: 1, Redundant

    Yet another backward step in the online music distribution saga. Those who are paying for music online have to pay a tax to make up for those who don't pay for their music. It hardly encourages the use of legal online music stores.

  9. Just What the Record Companies don't need.... by webmaster404 · · Score: 1

    Another reason to download music illegitimately, its bad enough with DRM, Incompatible formats, high prices and slow getting it to the music store, so now you have to put up with the same amount of DRM, Incompatible formats, slower service and now higher prices, and how is a "Tax" going to help compensate artists? Same way that all the other taxes are going to help the "Roads and schools" when they don't. Just another reason to "pirate" songs

    --
    There is no "disagree" moderation, and troll, flamebait and overrated are not valid substitutes
    1. Re:Just What the Record Companies don't need.... by John+Jamieson · · Score: 1

      I will soon sound like a broken record, but I must point out that downloading from another individual is legit in Canada.

  10. Has anyone followed up? by QuietLagoon · · Score: 5, Insightful
    The surcharge would help compensate artists for piracy, according to SOCAN's reasoning. The publishing group draws similarities between this and a 21-cent fee already applied to blank CDs in the country

    Has anyone ever followed up to see just how much of the 21-cent fee actually makes it back to the artists, and how much is sucked up by the record company cartel?

    1. Re:Has anyone followed up? by monkaru · · Score: 5, Informative

      Interestingly, the CRIA has refused to collect the money. So, there are billions in artists money sitting uncollected.

    2. Re:Has anyone followed up? by QuietLagoon · · Score: 1

      If what you say is correct, a better sense would be that the CRIA cartel does not lift a finger to assure the money gets back to the artists. I am sure that if the CRIA were due the money, it would most assuredly be collected.

    3. Re:Has anyone followed up? by Smordnys+s'regrepsA · · Score: 0

      Does that mean the government still has it?
      No wonder they're all for making the money-pile grow a little faster.

      --
      Just -1, Troll talking to another.
    4. Re:Has anyone followed up? by monkaru · · Score: 1

      The money is held in an escrow account managed by the Copyright Board.

    5. Re:Has anyone followed up? by xilmaril · · Score: 1

      If that's true, it's really significant. I did a quick google search and found nothing though, so could someone please post a link verifying this? If it's true, I think it justifies me writing a few letters.

  11. This would seem to require by Dachannien · · Score: 1

    the right to copy a song from an online store demands the same sort of levy applied to copying a retail CD So does that mean that the Canadian government is going to require that online stores abandon DRM since CDs work fine without it?
  12. Except . . . by SquareOfS · · Score: 4, Insightful
    The analogy is to the levy on blank CDs? The tax is because the downloaded music can be burned to a blank CD on which you've already paid a tax because you might burn music to it?

    In related news, Canada proposed a tax on blank paper, by analogy to the sales tax which applies to books. "Someone might read what's written on the paper someday, and we won't then have the opportunity to collect the tax."

    1. Re:Except . . . by monkaru · · Score: 1

      The levy is collected on behalf of the copyright holders and the levy gives you "the right" to copy if you choose to do so. If a company or library or even individual wants to escape the levy because the media will be used for other purposes they can simply import the media from the States or wherever and not pay the levy. The tax on a song purchased on line (a levy) would give the downloader the right to copy the file (more than once) to disc or MP3 player.

    2. Re:Except . . . by ceoyoyo · · Score: 1

      Yes, well, it's not CANADA proposing this, but our national version of the RIAA, which is insane anyway.

      This is the second story of the day that sounds like it got cross posted from The Onion by accident.

    3. Re:Except . . . by Anonymous Coward · · Score: 0

      The difference being that copying a book to give to someone else would be pretty difficult. Copying music has been pretty easy for quite some time now.

  13. Condoning privacy? by QuietLagoon · · Score: 0, Troll

    Doesn't this tax acknowledge that privacy occurs and is governmment sanctioned?

    1. Re:Condoning privacy? by BlueLightning · · Score: 1

      Well, I'd hope that privacy was sanctioned by governments, but with governments being what they are these days...

      Wait a sec, did you mean *piracy*?

    2. Re:Condoning privacy? by QuietLagoon · · Score: 1

      Wow, thanks for the correction. I even proof-read the message before I posted it. So much for listening to [non-pirated] tunes while I type.

    3. Re:Condoning privacy? by Smordnys+s'regrepsA · · Score: 0

      Piracy in Canada is like torture in the US: legally, it doesn't exist (and even if it did, it still isn't happening).

      --
      Just -1, Troll talking to another.
  14. tax legal? by Anonymous Coward · · Score: 5, Funny

    They should tax the illegal downloads, that is where the money is!

    1. Re:tax legal? by John+Jamieson · · Score: 1

      The parent is actually being funnier than he thinks. There is no money in taxing illegal downloads in Canada. Downloading music is legal.

  15. Obligatory Ronald Reagan quote by Stormwatch · · Score: 0, Offtopic

    "Government is like a baby. An alimentary canal with a big appetite at one end and no sense of responsibility at the other."

  16. first step to recriminalizing filesharing by Anonymous Coward · · Score: 0

    Right now it's legal to download music in Canada since a fee / tax is collected on all media. I'm afraid, however, corporate interests will move to make any non commercial filesharing illegal. The criminalization of what was the fair right of all should concern everyone everywhere.

    eh? oh yes, I am here, way up there

    1. Re:first step to recriminalizing filesharing by Chemicalscum · · Score: 1
      The Harper government has just indicated that they intend to do this in the throne speech.

      From the Financial Post "Copyright might follow U.S. model":

      http://www.canada.com/nationalpost/financialpost/printedition/story.html?id=375efc16-3e14-488d-915e-b880fae33d4a

      I am surpeised that there hasn't been a thread on this.

  17. No tax yet? by Gabest · · Score: 1

    I would think (living on the other side of the globe) that online music sales, as every other kind of sale, included the tax in the price. So basically, this just means a little raise, today 4% tomorrow 5%. Is this the first time something gets more expensive like this in Canada?

  18. Could this lead to harsher penalties for pirates? by MonkWB · · Score: 1

    Because the purchase of online music will be taxed, by downloading pirated music would you not be avoiding tax (i.e. tax evasion)?

  19. Pitchforks and torches by jlindy · · Score: 1

    A tax however onerous is one thing, but retroactive!? That's just plain mean! I would think it's time for our friends to the north to go to the pitchforks and torches!

    1. Re:Pitchforks and torches by Vinegar+Joe · · Score: 1

      They had their chance. God save the Queen!

      --
      "The average reporter we talk to is 27 years old......They literally know nothing." - Ben Rhodes
    2. Re:Pitchforks and torches by monkaru · · Score: 2, Interesting

      I very much doubt a retroactive tax would fly in court. Our Charter of Rights and Freedoms prohibits that sort of thing.

    3. Re:Pitchforks and torches by timmarhy · · Score: 1
      agreed. it's fucking horse shit to back date taxes PRIOR to the tax being made law.

      21c on cd's because it MIGHT be used to burn music? what about people like me who only burnt their data to cd's?

      --
      If you mod me down, I will become more powerful than you can imagine....
    4. Re:Pitchforks and torches by jlindy · · Score: 1

      All the same, I'd want to know the names of the legislators that think this is a good idea, and see to it their terms in office were considerably shortened.

    5. Re:Pitchforks and torches by BitterOak · · Score: 1

      I very much doubt a retroactive tax would fly in court. Our Charter of Rights and Freedoms prohibits that sort of thing.

      Care to provide a reference?

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    6. Re:Pitchforks and torches by monkaru · · Score: 1

      You can apply for an exemption or import the media from the states. We distributed some Linux CDs to local students to try out and getting the exemption was pretty easy reducing the cost by quite a bit. But most folks who buy a 50 spindle of CDs are going to copy music onto some of them at least.

    7. Re:Pitchforks and torches by Anonymous Coward · · Score: 0

      LOL. Our own government rapes our privacy every chance they get and invades sovereign nations with impunity, yet we do nothing. Canada wants to tax music sales, and you suggest they revolt? Guess we know where our priorities are.

    8. Re:Pitchforks and torches by jlindy · · Score: 1

      Don't think that I haven't been keeping the tines on my pitchfork sharpened, or that I haven't taken tar and feathers into consideration.

    9. Re:Pitchforks and torches by legojenn · · Score: 1

      It's too late. Hockey has started. Canadians will get back to the rest of the world in June.

      --
      I make a reasonable middle-class wage by going to work and not spamming blogs with scams.
    10. Re:Pitchforks and torches by CastrTroy · · Score: 1

      Most distros (except Ubuntu for some reason) are on DVD now. DVDs are cheaper than CDs because they don't have the levy. I haven't bought blank CDs in years. I can't seem to think of a single time I've actually put music on a burned CD.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  20. Ex Post Facto Laws by kalidasa · · Score: 5, Interesting

    A retroactive tax an ex-post-facto law. If this were the US, that part of the law would be unconstitutional on its face, article I, section 9, paragraph 3: "No bill of attainder or ex post facto Law shall be passed." But of course, it's Canada, and the Charter of Rights and Freedoms only affects criminal retrospective laws (and section 33 can be used to obtain a 5 year mulligan if it is). BUT I AM NOT A LAWYER, so maybe I'm wrong (but I may be right).

    1. Re:Ex Post Facto Laws by Anonymous Coward · · Score: 0

      No wonder they don't have a budget deficit. Everytime they need money, they retroactively increase their income tax in previous years. I hear they are planning on 1928 to 1932 on their next round. With penalties (for not paying the tax back in the day) and interest they will get trillions.

      I hope the IRS doesn't figure this out.

    2. Re:Ex Post Facto Laws by monkaru · · Score: 2, Informative

      Yes, you are right. It's the same in Canada as the States. Your Constitution probits that sort of thing and our Charter of Rights and Freedoms does the same. They will have to rethink that part of it because it would be a slam dunk for the retailers in court.

    3. Re:Ex Post Facto Laws by russotto · · Score: 2, Informative

      Retroactive taxes are legal in the United States (most recently decided with a retroactive income tax increase during the Clinton administration). The Ex Post Facto law provision hasn't applied to taxes since Calder v. Bull in the 18th centry, and since the Gun Control Act of 1968 and the various "Megan's laws" it really doesn't apply to much anymore. Probably the final nail was Kansas v Hendricks, the decision to allow those who had finished serving their sentences for certain crimes to be indefinitely confined to a mental institution.

      The US Constitution: It's just a goddamn piece of paper.

    4. Re:Ex Post Facto Laws by Anonymous Coward · · Score: 1, Informative

      But of course, it's Canada, and the Charter of Rights and Freedoms only affects criminal retrospective laws (and section 33 can be used to obtain a 5 year mulligan if it is). BUT I AM NOT A LAWYER, so maybe I'm wrong (but I may be right).

      In Canada, the government cannot increase taxes after the fact. They have tried in the past, and been slapped down by the courts.

      Instead, they just increase taxes from this day going forward.

  21. Where will it go? by Anonymous Coward · · Score: 0

    'The surcharge would help compensate artists for piracy'

    Does the legislation state that the 2 cents will go to the artists?

  22. What other taxes? by mkiwi · · Score: 3, Insightful

    [sarcasm]Will there be a Tax on earbuds too? How about we have a per child tax of $50/year to account for music piracy, starting from birth, of course.[/sarcasm]

    What is this crap? Canada needs to get their priorities in order. People are more important than lobbyist groups. I hope Canadians are voting for the right politicians, because if this continues any industry could just come up and say "People are downloading/using our material illegally, we need to be compensated." Poof, another tax! With so many copies of Windows pirated, I'm surprised that Microsoft hasn't been trying to get a piece of this cake.

    1. Re:What other taxes? by monkaru · · Score: 1

      The music labels are against it because the tax (not really a tax but a levy for copyright holders) would allow a person to legally copy a file downloaded from an on-line music store more than once and even give a copy to a friend. In fact, they are so pissed at our levy system they have refused to collect billions in media levies. No conspiracy.

    2. Re:What other taxes? by Eddi3 · · Score: 1

      Shhh! Don't give them any ideas!

    3. Re:What other taxes? by Eccles · · Score: 2, Funny

      How about we have a per child tax of $50/year to account for music piracy, starting from birth, of course.

      Don't worry, you don't have to pay the tax if you're deaf, and tone-deaf get half off.

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    4. Re:What other taxes? by ceoyoyo · · Score: 1

      Hm... in Canada we pay a silly levy on blank CDs but can download or copy all the music we want. The copyright board told the CRIAA where to go when they suggested they'd like to back out of this particular arrangement.

      In the US they (you?) pay a silly levy on blank CDs and get sued into oblivion when they (you?) download music. Not only does the government pass anti-piracy legislation when the industry asks for it, but also pressures other countries (like Canada) to also pass such legislation.

      Whose priorities are mixed up?

  23. $0.02 by Anonymous Coward · · Score: 4, Funny

    So now they want my two cents worth as well, eh?

    1. Re:$0.02 by p0tat03 · · Score: 1

      Actually, considering that phrase originated in the US, I believe they want your $0.019 ;)

  24. A ripoff.. by Sri+Ramkrishna · · Score: 1

    This seems like utter crap. First you tax blank media for artist compensation. Now you're going to tax legit web stores as well to protect artist compensation. This smacks of corporate welfare. Why should the people of Canada compensate companies for not being smart enough to make money and adjust to the market? There is always going to be music and entertainment in our lives whether there is a record company or media company behind it or not. It's part of our tribal heritage. The business plan they had in the 80s no longer work. Innvoate! Find a new way. Lately, we've been doing that a lot just about everywhere. This tax does absolutely nothing to benefit the people.

    Worse, what happens after downloading goes down because it is no longer affordable? Or maybe piracy comes down? They'll still be paying that tax and the companies are going to get essentially free money. THis reminds me of the record "breakage" fee that record companies charge or the "convenience' fee that ticketmaster charge. Just pure profit. If these people want some windfall of the tax, then they should allow the government to look at how they structure themselves.

    The only way is to completely boycott the whole thing and that should send a very strong signal to both government and record companies.

    sri

    1. Re:A ripoff.. by Anonymous Coward · · Score: 0

      Why should the people of Canada compensate companies for legally buying what they're selling.

      There. Fixed that for ya.

  25. Not as stupid as it appears ... by Charles+Dodgeson · · Score: 3, Insightful

    ... but more evil.

    The music industry is trying to come to terms with the fact that they can't make money the way that they used to. Seeing that their traditional business model is approaching collapse, they need to either protect it or find a new business model. In this case the new business model is to get the government to tax citizens and give the tax revenue to the music industry. By encouraging more piracy, they will be able to demand more tax payer money down the road.

    If you think that this is an implausible business model, just look the business of agriculture in most rich countries. Their business is to depend on government enforced price supports and subsidies, and very little about actual farming.

    --
    Prime numbers are exactly what Alan Greenspan says they are -S. Minsky
    1. Re:Not as stupid as it appears ... by Anonymous Coward · · Score: 0

      if the money actually GETS to SOCAN, it will make it to the artists - even the little ones. SOCAN is a stand-up association and not a douchebag riddled litigation society like RIAA.

      Given the choice to pay a tax (like the CD/DVD/Data Levy) or roll the dice and get sued - i'd choose that over, what was it, $221,000 to the RIAA?

      While i disagree with being labelled a theif before i've done anything, i think even i have downloaded something i should have paid for at least once or twice.

      no idea how much fun they'll have making this retroactive.

    2. Re:Not as stupid as it appears ... by TehZorroness · · Score: 1

      I say we return copyright expiration to a sensible period (about 10 years should be good) and see how these fucking recording companies do instead trying to fix their broken business model which is based on corrupted copyright laws. The world's governments cradle the corporations so much it makes me sick.

    3. Re:Not as stupid as it appears ... by ergo98 · · Score: 1

      The music industry is trying to come to terms with the fact that they can't make money the way that they used to

      SOCAN has always used these sorts of tactics, basically taxing all Canadians to create a sort of artists welfare. Read the document and you'll find them talk about game creators having to pay the SOCAN tax regardless of whether every single bit of in-game music, if any, was licensed or contracted. Doesn't matter - send SOCAN a check for the privilege of music.

      It has always astounded me that such an organization could continue to enjoy such legislative influence despite their interests being so contrary to capitalism, and to 99.9999%+ of Canadians. I suspect it has to do with the general apathy of Canadians towards government, and the reality that the overwhelming majority of Canadians have no clue about such things.
    4. Re:Not as stupid as it appears ... by Anonymous Coward · · Score: 0

      that's ok this just means that I can't get sued because I already pay piracy compensation by paying a tax on CD's.

      this is nothing, I pay Tax on Taxes that's how stupid this country is.

    5. Re:Not as stupid as it appears ... by Charles+Dodgeson · · Score: 1

      if the money actually GETS to SOCAN, it will make it to the artists - even the little ones. SOCAN is a stand-up association and not a douchebag riddled litigation society like RIAA.

      Assuming that other Canadians feel as you do, then there would be some genuine support for a government subsidy of musicians (through their representatives of SOCAN) in Canada. The proposed (and existing) taxes would encourage piracy so in the end to model would be, "pirate what you want, but we will tax citizens to compensate artists (through SOCAN) with public money."

      I personally think that such a model would lead to disaster and corruption (which artists? Only signed ones? Who controls who's signed?). But I'd rather not get into predictable /. battle about free markets versus government subsidy. What I do want to say is that your sentiment does support my claim about intentions: SOCAN is looking to be a conduit for the government subsidies to SOCAN's artists as its new business model

      --
      Prime numbers are exactly what Alan Greenspan says they are -S. Minsky
    6. Re:Not as stupid as it appears ... by Charles+Dodgeson · · Score: 1

      It has always astounded me that such an organization could continue to enjoy such legislative influence despite their interests being so contrary to capitalism, and to 99.9999%+ of Canadians.

      It appears that the AC who posted this earlier in this thread is among the (100 - 99.9999)% of Canadians who have little problem with SOCAN managed welfare for musicians at taxpayer expense. South of the 49th parallel few would support introducing something like that (but think nothing of existing subsidies), but I wouldn't be too surprised if a substantial minority of Canadians would willingly support such a thing. SOCAN might be counting on just that.

      --
      Prime numbers are exactly what Alan Greenspan says they are -S. Minsky
    7. Re:Not as stupid as it appears ... by mabhatter654 · · Score: 1

      stop using agriculture as a crutch for your argument.. if proper supply and demand was allowed to occur then farmers could charge whatever they want for food... kind of like the oil companies have done. Would you like farmers to stop growing food until the price goes up so they can make a profit, because you should be paying about 2-3 times as much if the market was truly "fair". Frankly, I don't like the idea of starving or paying 50%+ of my income for food because my neighborhood farmer lost all his crops in the drought this year. YES it has been happening, often, many farmers particularly vegetables and fruits have had TOTAL losses for more than half of the last 10 years and if it was a free market, we'd all be screwed.

  26. It is NOT piracy in Canada! by John+Jamieson · · Score: 5, Informative

    I have mod points I would love to use, but I have no chance because no one is correcting the Myth of Piracy.

    In Canada it is NOT piracy to copy a song for personal use. It is not stealing, it is not copyright infrigement. It is a right granted by law, a law that was encouraged by the music industry back in the Audio Cassette days. Yes, they now regret it... too bad!

    1. Re:It is NOT piracy in Canada! by monkaru · · Score: 5, Interesting

      Yes, you are exactly right. I'm not too happy with the spokesperson the copyright board used for this annoucement because the did a very bad job of explaining exactly what is meant by "copying" in Canada. As you say, copying music to levied media is not piracy but legal copying and the levy on on-line music would allow the copying of downloaded files more than once. Giving a copy to your mom for example. However, DRM routines may make most downloads not easily copied anyway but might make an interesting court case should someone purchase levied music on-line and discover the files are altered in a manner that prohibits or makes very difficult legal copying. Legal copying they have paid for. Could get interesting.

    2. Re:It is NOT piracy in Canada! by starfishsystems · · Score: 2, Insightful
      Yes, they now regret it... too bad!

      But they don't regret it. They're endorsing the principle by asking for it to be applied more broadly.

      --
      Parity: What to do when the weekend comes.
    3. Re:It is NOT piracy in Canada! by Beardo+the+Bearded · · Score: 1

      That's what I came in here to say.

      In Canada, it is legal to download music for personal use.

      --

      ---
      ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
    4. Re:It is NOT piracy in Canada! by ceoyoyo · · Score: 4, Informative

      Actually they've been demanding that the copyright law be changed to prohibit copying. They were even willing to scale back the levy to get it, but the copyright board still told them where to go. So now they're trying the next best thing -- more levies!

    5. Re:It is NOT piracy in Canada! by Colin+Smith · · Score: 1

      Well which segment of society is going to disagree with a free subsidy?

      The next stage is for retailers to require a subsidy for loss of revenue due to shoplifting.

      Then of course it will be compensation for loss of revenue due to "economic conditions".

      --
      Deleted
  27. What about free ad-supported sites? by illectro · · Score: 1

    If you go to imeem.com you can listen to practically any track ever recorded without actually paying anything directly to the site, instead the site is making money of advertising and has deals with the record labels to pay them a cut of thise. So I wonder if this would be taxed? No transaction is taking place in Canada, well except when canadian artists get paid their share I guess, but that's probably well beyond the scope of the law.

  28. What's the problem? by russotto · · Score: 1

    Illegal downloads are still free, right?

    If you really want to make it fair, then if the tax is, e.g., 1%, just download one illegal song for every 100 you buy. Then you're paying for your own piracy, right?

  29. As ludricrous as it is unethical by seanthenerd · · Score: 5, Insightful
    So until now, we could assume that when we bought music from iTunes et al., a certain amount went to that company and a certain amount went to the artist. According to a record-producing-artist friend of mine, he actually gets a very decent cut as an indie artist with iTunes (especially considering the lack of material+hosting costs). Now, with this tax (considering that it goes to SOCAN, I'm not sure if that is even the right word), iTunes will get the same cut, SOCAN will get 3% or so, and the artist will get the rest - which is less going to the artist than before (assuming that iTunes doesn't up their prices, but if they do, the same holds true because less people will buy, meaning still less for the artists.) By applying this, isn't SOCAN stealing from the artists?! As in *money* stealing. SOCAN is supposed to represent Canadian artists (by collecting radio royalties and so forth). How on earth does this help their members?! Ludricrous.

    It would be comparable, I guess, to SOCAN collecting a tax on CD purchases. The whole beauty of internet distribution is getting rid of (or reducing the number of) middlemen. This is destroying every incentive people have to *support the artist*, which seems completely against what the whole point of SOCAN was. So if I make a band and sell my music using paypal, do I have to write cheques giving 3% of my profits to SOCAN? What am I getting from them? How does this help the artists? How does this help the industry? *

    Down with middlemen.

    * "While no public responses have been made, the Copyright Board report notes that both Apple and the RIAA-equivalent Canadian Recording Industry Association were heavily involved in resisting proposed rates."
    So even the CRIA's against it. Who the heck is SOCAN representing?
    1. Re:As ludricrous as it is unethical by Raptoer · · Score: 1

      Down with middlemen. sadly a lot of the world are middlemen, and they don't like being cut out
    2. Re:As ludricrous as it is unethical by Ren.Tamek · · Score: 1

      Haha, I just realised something. Presumably there will come a time when an artist needs his compensation, so he writes to the relevant authorities to send it over. What are they going to do? Best case scenario, they give him his 3% back. The same 3% he earned off the back of his recording, and the government took away as tax. I mean, no income is actually being generated from this scheme, it's just shuffling money about! Perhaps this hypothetical artist will be thankful for the intervention, but I rather doubt it.

      --
      "If you want a vision of the future, Winston, imagine a boot stamping on a human face forever." - George Orwell, 1984
    3. Re:As ludricrous as it is unethical by failedlogic · · Score: 1

      An equally good question I have is, are all Canadian artists represented by SOCAN? What of the monies for tracks from non-members, does it still go to them? Is there a list of non-SOCAN members I can get a list of that are still Canadian?

      IMO, the music biz is one sinking ship. Its screwed itself over-and-over again. It goes to show that you cannot purely run or support a business model by using lobbyists and lawyers (our country could use a lot less of these creatures, and out forests would be thankful for saving globs of paper).

      I would protest this. But if past experience is any indication, my gut feeling is that letters of protest are ignored unless the protest is backed by significant "denominations" of colored paper that is made in Canada. Its too bad that the stores have to adopt this. I bought from iTunes a few times and had a good experience. I wouldn't want to cut them out of the loop, just SOCAN. I'd like to instead buy used CDS *and* hope that more Canadian artists let you buy their tracks on-line ala what Radiohead did and you determine what money they get.

      This doesn't detract from my argument, but I have far more purchased CDs of music (some 400) that even after downloading some MP3s, one has to realize that a collection has its limits as their is only so much time in the day to listen to the stuff. I'd probably have to take 2 or 3 weeks straight of work off just to listen to all the stuff.

  30. levy on blank media by 11_biznatch_11 · · Score: 1

    Didn't SOCAN recently try to get the levy on blank media removed because it legitimized music piracy? Now they want to add this tax? They seem to be directly contradicting themselves.

    1. Re:levy on blank media by davester666 · · Score: 1

      I don't think so. I believe their stance is that they want both the 'piracy' tax AND to be able to make it a criminal [preferably, but they would settle for civil] offense to upload or download music. So, everyone pays for P2P downloading, but if they decide to target an individual, they can make that person pay even more.

      --
      Sleep your way to a whiter smile...date a dentist!
    2. Re:levy on blank media by monkaru · · Score: 1

      No, that's not what they are doing at all. The purpose of the levies is to ALLOW personal copying. That means the Copyright Board looks at copyright as a "right to copy". If a levy is placed on on-line music downloads that will mean you can copy the songs and play them in your car without having to worry about the copy being illegal. It wouldn't be. All of this is the result of a court ruling a few years ago which made downloading music from Kaza or bittorrent perfectly legal and the levies are a way of dealing with the reality of a digital age. It's enlightened even. Here is the ruling and a backgrounder: http://www.cbc.ca/stories/2004/03/31/canada/download_court040331 http://www.cbc.ca/news/background/internet/downloading_music.html

    3. Re:levy on blank media by davester666 · · Score: 1

      It might just be me, but I think you described the effect of the levy, not the purpose.

      I'm pretty sure SOCAN and CRIA were involved with the crafting of the law [via completely above-board lobbying, I'm sure], and I'm pretty sure they NEVER intended for the levy to allow Canadians to legally download all the music they want. That's why they are now lobbying the gov't to explicitly make uploading and downloading music illegal [at least, before the last minister in charge of copyright laws got sacked for letting them buy legislation].

      And that's how the legal precedence got set anyway. The CRIA sued some guy [I think for uploading, but it could have been for downloading], and the judge set the precedent that the levy prevented them from suing and/or getting damages.

      Of course, I'm not a lawyer and haven't read either the copyright legislation NOR the actual ruling that we are discussing.

      --
      Sleep your way to a whiter smile...date a dentist!
  31. Huh?!? by quantaman · · Score: 1

    "Canadians may soon pay a small tax on every legal music store download, says a new measure (PDF) sanctioned by the Copyright Board of Canada. Requested by the Society of Composers, Authors and Music Publishers of Canada (SOCAN), the tax would apply at least 2.1 cents to every individual song download and 1.5 cents per track for complete albums."

    So... the people who pay for music are paying for the people who don't pay for music?

    "The publishing group draws similarities between this and a 21-cent fee already applied to blank CDs in the country; the right to copy a song from an online store demands the same sort of levy applied to copying a retail CD, SOCAN argues."

    This is clearly some new definition for the word "similarities", one that apparently means "the same general approach but completely misses the point". The idea of the CD levy is that the pirates who buy blank CDs end up paying money to the artists to compensate for the sales lost to those pirates who buy the blank CDs (not a particularly accurate approach but that's the idea). With this new levy it's the legal purchasers paying for the piracy while the pirates, who don't buy music online, don't pay for anything.

    I seriously can't figure out how this is supposed to make sense, say for a moment you do need to charge a little extra on every online sale to compensate for piracy. You know what you do? Raise your prices!!

    Does anyone have a clue how this is supposed to be a good idea? The only thing I can possibly think of is that a) the fee will hurt independent sellers more than CRIA aligned sellers (conspiracy), b) it's designed to be absurd to help kill the levy which the CRIA dislikes(conspiracy), or c) the story as reported by MacNN is inaccurate since I've never heard of them and was too lazy to look through the 65 page pdf(conspiracy or stupidity).

    I'm anxious to hear any alternate interpretations.

    --
    I stole this Sig
    1. Re:Huh?!? by seanthenerd · · Score: 1
      No kidding, eh? I totally agree with you. "Similarities", what? That's what I find so ridiculous about this. The blank CD levy is because when I buy CDs, artists aren't getting paid and I could use the CD for illegal-downloading reasons. When I buy music from iTunes, the artist is getting paid, directly! There's no similarity at all - one, I am buying a potentially "piracy-assisting" tool, the other, I am buying music, just like buying a CD.

      Why is that so obvious to us, but not to SOCAN or the copyright board people?

      Does anyone have a clue how this is supposed to be a good idea? The only thing I can possibly think of is that a) the fee will hurt independent sellers more than CRIA aligned sellers (conspiracy), b) it's designed to be absurd to help kill the levy which the CRIA dislikes(conspiracy), or c) the story as reported by MacNN is inaccurate since I've never heard of them and was too lazy to look through the 65 page pdf(conspiracy or stupidity). The story on MacNN seems genuine, at least compared to what I read yesterday; it seems like the CRIA aren't the bad guys for once (although I'm guessing they also support the CD tax); it sounds to me like SOCAN just wants as much money as it can get its hands on.

      I too don't have any clue how this is supposed to be a good idea.
  32. Formula by Anonymous Coward · · Score: 0

    1. Realize that people are pirating digital music, so offer legal downloads for a small fee.
    2. Realize that people are still pirating music.
    4. Profit!!!!!!

    Oh, wait... Retroactive:
    3. Tax the legal downloads to make up the money from the pirated downloads.

    There, all fixed.

  33. Fuck the Liberals. Fuck the Conservatives. by Anonymous Coward · · Score: 0

    For nearly the past 100 years, the Liberal and Conservative parties have taken turns running the Canadian government. And what have we gotten from them with regards to the digital age? Nothing but bullshit. But that's what happens when most lawyers and other non-technical people try to meddle with the cutting edge: they fuck up.

    Canada needs more politicians with a technical background. Instead of just having lawyers, political "scientists", businessmen and bureaucrats in office, we need scientists, engineers, tradespeople and doctors. These are the sort of people who have a far more realistic view of society as a whole. They understand technology. And they're perfectly capable of understanding legal issues, often better than trained lawyers.

    If there's one party that most fits that description, it's the Green Party. Although they have their fringe elements, at least they have some diversity within their ranks. That's just not the case with the Liberal and Conservative parties.

    1. Re:Fuck the Liberals. Fuck the Conservatives. by JFitzsimmons · · Score: 1

      We're all too busy doing real work.

      --
      Beware he who would deny you access to information, for in his heart he dreams himself your master. -Anonymous
  34. Yeah, this makes sense! by Jugalator · · Score: 4, Insightful

    So you get taxed for not supporting the music industry if you do support the music industry?
    And you don't get taxed for not supporting the musics industry if you don't support the music industry?

    Yes, this makes perfect sense! Thanks for this proposal.
    I wholeheartedly support it. I can now much easier choose my proper action here and whether I should purchase legal music or not.

    --
    Beware: In C++, your friends can see your privates!
  35. New tax on air by flyingfsck · · Score: 1

    SOCAN should apply for a surcharge on air, since it can be used to sing a tune of one of their composers.

    --
    Excuse me, but please get off my Pennisetum Clandestinum, eh!
    1. Re:New tax on air by JackAshley · · Score: 1

      This is all "guilty until proven innocent" or just flat out "assumed guilty". If you buy blank cds, you could pirate music, so tax that. Now digital purchases...

      How about we fine me for drunk driving when I buy alcohol, because I can?

      How about you get charged for murder when you buy a knife, because you could potentially stab someone?

      Where will it end?

  36. do the numbers add up by fiveyrsfromnow · · Score: 1

    Has anyone checked the math to see if the two cents on every digital download to compensate piracy losses match up with the thousands of dollars the RIAA quotes as lost in its cases?

  37. The Cure by Quantam · · Score: 0, Troll

    Clearly Canada is working hard to produce a cure for Americans' general feeling of stupidity/inferiority from having Bush as president.

    --
    You have tried to support your argument with faulty reasoning! Go directly to jail; do not pass Go, do not collect $200!
    1. Re:The Cure by freedom_india · · Score: 1

      It took me a full 4 minutes to understand your statement.
      And as a result iam stuck with a cookie in my throat which i swallowed whole...

      In effect this tax means i can pirate the music???

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    2. Re:The Cure by Chemicalscum · · Score: 1

      We are already helping to cure that by having Bush brown-noser Harper as Prime Minister.

  38. Nothing to do with compensation... by ToxicBanjo · · Score: 1

    ...but everything to do with getting every cent they can out of law abiding citizens. I say screw 'em and torrent everything and then send the artists $5 directly.

    Seriously, I'm sick of this shit. Everyday it is either a new scheme for squeezing money out of customers or falsely blaming piracy for bad sales of even shittier music. We're supposed to have the power since it's our money so let's exercise it! Stop buying legally and just steal it... they're all convinced that's all we do anyways so "When in Rome..."

    At least Radiohead has a fucking clue.

    --
    There are only 10 kinds of people in the world. Those that understand binary and those that don't.
  39. SOCAN sticks it to CRIA (and the RIAA) again by metoc · · Score: 3, Insightful

    Although I am no fan of SOCAN, this definitely sticks it to the record companies. As long as these fees are in place, music piracy will remain untested in court. The current theory is that as long as the artists are compensated for illegally obtained music (aka burning a copy for you friends) they are not loosing anything when piracy happens. This reduces the real losses to artists, which is what piracy is all about (can you say someone stole from you if they are paid a mutually agreeable price through SOCAN, which SOCAN oddly decides is fair). CRIA/RIAA will not risk loosing in court and would prefer it stay a legal grey area.

  40. Radiohead by ConcreteJungle · · Score: 1

    Will artists who release music independently for download (like Radiohead's recent album) also be subject to the tax? As an afterthought, at least in this case the money will actually go to the artists

  41. O Canada, Founding Myth of Piracy by realitybath1 · · Score: 2, Funny

    O Canada!
    Our home and native LAN!
    True pirate love in all thy lines command.

    With glowing modems we see bits rise,
    The True Bits strong and free!

    From far and wide,
    O Canada, we fileshare tunes for thee.

    God keep our tunes gloriously free!
    O Canada, we fileshare tunes for thee.

    O Canada, we fileshare tunes for free.

  42. yay for taxes by theheadlessrabbit · · Score: 1

    This is exactly why I download everything I listen too. Paying a small tax on blank CDs isn't so bad, because it means i can legally pirate all the music I want to. because of that CD tax, my 8.4GB mp3 collection is perfectly legal. if SOCANs blank CD tax is 21 cents per disk, how is it that I am able to buy 50 blank CDs for $12? does that mean that $10.50 are taxes and a 50 pack of CDs should only cost $1.50? if that is the case, the rest of the world is being grossly rippped off for blank CD prices. another big problem I have with SOCAN: I used to work retail, and I would often play CDs my friend had put out over the store speakers. a SOCAN representative just happend to come in, and warn the manager that playing music without purchacing a liscenece would result in a rather large fine. I replied that my friend's made the music in their home studio, and they are entirely independant. not only that, but the band also paid the SOCAN tax on the CD. But none of that mattered to the SOCAN guys, aparently, you need a SOCAN liscense to play ANY recorded Canadian music, whether they are signed to a major or not. I ignored their request, and luckilly, they never returned.

    --
    -I only code in BASIC.-
  43. Tax evasion by SleepyHappyDoc · · Score: 2, Insightful

    I bet the sneaky idea behind this is to bust torrent users for evading this new tax.

    --
    Stasis is death. Embrace change.
    1. Re:Tax evasion by John+Jamieson · · Score: 1

      No, since downloading/copying music for personal use is legal up there, it is perfectly legal to use bittorrent.

  44. More and more ... by ScrewMaster · · Score: 2, Interesting

    I'm thinking that, when future generations look back on this period of time, it will be known as "The Age of Unreason". Perhaps, given the number of attorneys involved in the ongoing fall of Western civilization it will be known as the "Shark Ages". Either way, it's really remarkable.

    --
    The higher the technology, the sharper that two-edged sword.
    1. Re:More and more ... by bentcd · · Score: 1

      I'm thinking that, when future generations look back on this period of time, it will be known as "The Age of Unreason". I think they will be kinder. I think they will remember it as the turbulent times in which we came to terms with being an information society. It's a huge and painful transformation and I think they will realise this and cut us some slack :-)
      --
      sigs are hazardous to your health
  45. Pure corruption. by BlueParrot · · Score: 3, Insightful

    The proposed tax will tax companies like emusic, Amazon etc, and give the money to Sony BMG, Universal etc...

    In short, a large cartel is trying to screw over the competition by lobbying politicians to create bad laws. This is pure corruption, and nothing else.

    1. Re:Pure corruption. by monkaru · · Score: 2, Interesting

      That might be the case if it weren't for the fact that record labels are against it. The tax allows copying. Any copying. That means you could download music from a store and share the music with friends and family without worrying about being sued for it. The record companies don't want that. They want your right to copy restricted to their terms. This law undermines that.

  46. Piracy FTW by themadplasterer · · Score: 1

    I am so glad that I have never purchased downloaded music and probably never will, besides I pay my share by way of the blank media levy.

  47. Apparently this retroactive BS came up recently by Secret+Rabbit · · Score: 1

    Many have moved to work against this BS when it comes up, yet it still comes up again and again. The last one I could find through google:

    http://www.ctf.ca/articles/News.asp?article_ID=2350
    """
    The Joint Committee said that retroactive tax law detrimental to taxpayers is inappropriate for two main reasons: it undermines the rule of law and the confidence that taxpayers have in our self-assessment tax system, and it is perceived as being reflective of a tax system that is neither stable nor predictable and is thus an impediment to foreign and domestic investment in Canada.
    """

    But, I gotta say that if I had purchased music online since 1996 and they told me to pay up, I tell them where to go. They can pry that money from my cold dead fucking hands.

  48. Sure thing by Legion303 · · Score: 1

    Artists will see one thin dime of that tax money when monkeys come flying out of my ass. And I don't feel any monkeys down there at the moment.

  49. Endorsement of right to copy by starfishsystems · · Score: 1
    The existing media tax in Canada compensates the industry for the legal right of users in Canada to copy material for their own use.

    We occasionally hear expressions of doubt from the music industry about this arrangement, despite having proposed it originally. If the industry now asks for the principle to be extended to downloads, then clearly it is underscoring its endorsement of the arrangement.

    It's good to have this question cleared up, because if a legislative reversal were to take place, I'd want my money back. I buy CDs and DVDs exclusively for system backup. That's my data and yet I have to pay a copy tax on the media. Not that I'm complaining, just pointing out that the industry can't have it both ways.

    --
    Parity: What to do when the weekend comes.
  50. Double taxing? by mark-t · · Score: 3, Funny
    So they want to tax blank media _AND_ tax downloads?

    Why am I reminded of the notion of charging a tax to have a meal and another tax to take a dump?

    1. Re:Double taxing? by gujo-odori · · Score: 1

      It's worse than that, even. By taxing people who are already using legal download services to compensate artists (and I use the term "artist" pretty loosely, we're talking about RIAA music here) for piracy, it's likely to increase piracy and decrease legal downloads. Not because the 2 cents is an onerous fee, of course, but because of the basic unfairness of it.

      By putting in such a tax, they'll telling people who are already in favor of legally purchasing downloaded music and are proving it with their purchases, "You're downloading music. Even though it's legal, you're somehow responsible for the fact that some other people are downloading illegal copies and not paying for it. Therefore, we're going to tax you honest people to make up for the losses by the dishonest people."

      I can see some percentage of the honest people turning their backs on legal downloads after that, figuring "If they're going to make me pay for illegal activity, I might as go out and commit that illegal activity so that I can at least benefit from it."

      Way to go.

      Oooh, a nice partner analogy for yours just crossed my mind. Most everyplace has a hotel occupancy tax. I attend conferences several times a year, and since I'm local to the San Francisco area, I just drive there and don't have to stay at a hotel. Maybe they'll try and tax me for not using a hotel now :p

    2. Re:Double taxing? by stewbacca · · Score: 1

      Triple taxed....because we are forced to hear Avril Levine singles on the radio too.

    3. Re:Double taxing? by mark-t · · Score: 1

      I can see some percentage of the honest people turning their backs on legal downloads after that, figuring "If they're going to make me pay for illegal activity, I might as go out and commit that illegal activity so that I can at least benefit from it."
      Indeed. Personally, I believe that the root of the problem here is that we do not live in a perfect or fair world, nor is such a state even remotely possible, yet those in power are still trying vainly to somehow "get it right". If we did live in a perfect world, if person A caused loss to person B, then only person A would have to pay the consequences. But because we live in a less than ideal world, all too frequently person A can get away completely scot-free leaving person B still struggling with the loss. Unfortunately, neither trying to recover the losses by person B raising their prices with their legitimate customers or simply leaving person B to struggle and suffer with their loss actually accomplishes the ideal goal, which is to stop people from doing things that cause loss to person B. This "tax" is thus less an attempt to pay for other people's crimes as much as it is a reflection that real-world law enforcement cannot ever hope to be adequate when it comes to matters such as these. Getting rid of copyright may seem to solve the problem to some, but it is not at all difficult to see that the law of unintended consequences could rear its ugly head in this area to cause far worse social problems than piracy. Which not-so-coincidentally only further reinforces the notion of how unfair the real world is... not only can't you win or break even, but you can't even quit the game.
    4. Re:Double taxing? by Anonymous Coward · · Score: 0

      Or income tax and sales tax?

    5. Re:Double taxing? by Anonymous Coward · · Score: 0

      Why am I reminded of the notion of charging a tax to have a meal and another tax to take a dump?

      I see you have been to Paris!

    6. Re:Double taxing? by bentcd · · Score: 1

      By putting in such a tax, they'll telling people who are already in favor of legally purchasing downloaded music and are proving it with their purchases, "You're downloading music. Even though it's legal, you're somehow responsible for the fact that some other people are downloading illegal copies and not paying for it. Therefore, we're going to tax you honest people to make up for the losses by the dishonest people." I rather think that what they're saying (and how it will be understood) is "you're buying this from us and you're paying us the protection money so, hey, feel free to make copies for your friends".
      --
      sigs are hazardous to your health
  51. Kind of Like Car Insurance by kryten250 · · Score: 1

    I have to pay for the uninsured drivers. It would be nice to have them pay, but hey, since I'm here and it's enforceable...

    --
    FlyingPizzas.com, for the tasteful hermit
  52. This is why I no longer listen to RIAA music by phoomp · · Score: 0

    purchased or otherwise.

  53. Re:Candidian bring it on themselves for stealing by urbanriot · · Score: 1

    Maybe, but at least we can hold our liquor.

  54. We know how to fix that! by Sulix · · Score: 1

    Since 1996? Y2K problem, where are you now?

  55. The logical conclusion to all this by kawabago · · Score: 1

    The recording industry is going drive open source developers to write music engines that generate new music in any genre on the fly. That will put the last nail in the coffin of a dying industry. It's so sad it didn't happen suddenly. Now we have to watch this awful writhing and wailing.

  56. Slightly OT: Is it ok to listen to a "found" CD? by Anonymous Coward · · Score: 1, Funny
    If I find a commercial CD laying on the bus stop bench, can I listen to it, legally?

    What if it is a CD-R, or better yet, a whole burned DVD full of nice MP3 or OGG files?

    What if people started leaving "extra" copies of discs laying about for the general public to find... is it ok to listen to them?

  57. Next! by jon287 · · Score: 1

    All babies born since 1996 now owe $222,000 in taxes to compensate artists for the probable piracy related to their existence.

    --
    To boldly use to and too two times and get it right too! They're not gonna believe their eyes when they see it there!
  58. Re:Candidian bring it on themselves for stealing by sabernet · · Score: 1

    And, apparently, spell and write the English language.

  59. Legalize It! by mqduck · · Score: 1

    The surcharge would help compensate artists for piracy, according to SOCAN's reasoning. I highly encourage every Canadian citizen to write their congresspeople and senators (or whatever you freaks have) to encourage them to support this enlightened bill to legalize piracy.
    --
    Property is theft.
    1. Re:Legalize It! by ceoyoyo · · Score: 1

      We already have laws to legalize piracy thanks. We don't need another. We like to share though, so you freaks down below can have this one if you want.

  60. And provide the humour of Terrance and Phillip by Anonymous Coward · · Score: 0

    And provide the humour of Terrance and Phillip, along with the master thesbians, Bill Shatner, and the singing sensation of Celine Dion, and lest you forget, football that no one watches, 10 month long winters, and a population demographic that borders up against the baby killer amerikuns.

    1. Re:And provide the humour of Terrance and Phillip by looseSpark · · Score: 1

      thesbian (thes'pe-an) adj.
      1. Female thespian who prefers the company of ladies.

  61. If the government over there does this, it must be by Anonymous Coward · · Score: 0

    If the government over there does this, piracy must be B-A-D. How else could this even pass the smell test unless piracy in Canada is rapant.

  62. Who says you have to be smart to have money by Superpants · · Score: 1

    I'm not sure who runs the "copyright board," but taxes and levies of this sort usually have to pass through parliament before they are approved. It's good to know that our elected representatives have our best interests in mind when they pass ridiculous legislation like this. It proves that not only do they have incredibly short-sighted perspectives into the issue, but that they are also hypocritical to their own "conservative" ideals.

    Being Canadian, this only makes me more and more inclined to forgo legitimate purchases and just download DRM-free songs illegitimately acquired. At least with the levy on blank CDs, there is a limited presumption that music will be distributed without purchased rights, but now they want to tax everything purchased on proper terms. In spite of the fact that we are only talking a matter of cents, symbolically, this is a kick in the face for online distribution.

    So, I would like to thank the major labels and the government for giving yourselves a good, swift punch to the nut-sack. It is, if anything, entertaining.

  63. Typo in OP by T+Murphy · · Score: 1

    There's an error in the OP, the place is called Canadia (cuh-nay-dee-uh). Jeez.

  64. Retroactive? How?? by phorm · · Score: 1

    How exactly would they do this? Bill customers again? Charge it to a Visa (against the Visa terms I believe)? Taxes are usually pushed to the end-user... but it's pretty hard to collect from the end-user years later...

  65. Government is under British Rule by Anonymous Coward · · Score: 0

    While it uses dollars, there are no presidents on the currency, but British royality (the queen, for example). MPs, and so forth. It used to be the French's but they sold most of canada to england to fund their socialist society. Parts of canada are still under french rule, and even french is spoken there, all though the french part is classified third-world.

    1. Re:Government is under British Rule by Grendel70 · · Score: 1

      While it uses dollars, there are no presidents on the currency, but British royality (the queen, for example). MPs, and so forth. It used to be the French's but they sold most of canada to england to fund their socialist society. Parts of canada are still under french rule, and even french is spoken there, all though the french part is classified third-world.
      Good Lord, where to start. Yes Canada is technically still under British rule, but for the most part we're an independant nation. The Queen is on our 20 dollar bill, but the rest of our paper currency has past Prime Ministers, our equivalent of the US President. Yes the original settlers of our country were the French but they were defeated by the British and did not sell the country. And while there is a significant French speaking population, primarily in the province of Quebec, no part of the country id under French rule. As for the French portions being classified third world, I can't even begin to fathom where you came across that piece of misinformation.
      --
      Perhaps you mean a different thing than I do when you say "science."
    2. Re:Government is under British Rule by GeckoX · · Score: 1

      One little nit to pick: No, we are not under British rule in any way, shape, or form, we merely acknowledge our history.

      --
      No Comment.
    3. Re:Government is under British Rule by Em+Adespoton · · Score: 1

      A few more nits to pick:

      1: While still a member of the commonwealth, Canada re-did its constitution under Prime Minster Trudeau, so that the Governor General (the Queen's rep in Canada) is no longer answerable to the Queen in the same manner. Therefore, Canada is no longer under British rule.

      2: the original settlers of Canada were from Asia, followed by the ones from northern Europe. The French showed up and settled on the east coast much later, around the same time that the Spanish set up settlements on the west coast. Luckily for the French, the Asian settlers on the east coast were by and large peaceful, so they were able to take their land without too much resistance. Unfortunately for the Spanish, the tribes on the west coast were warrior tribes, and wiped out almost all the settlements. Eventually the French co-mingled with the native peoples, and migrated west to Manitoba. At this point, the French sent another colonizing group, as did the British. The two fought soon after, and both sides claimed victory -- but the British gained most of the land.

      The main part of what is now Canada was actually owned by the Hudson's Bay Company and the Northwest Trading Company, not by a country. The Hudson's Bay Company bankrupted Northwest and bought their land for a song, after which they sold it all to the British government to consolidate their assets. The British government then abandoned it as being too costly to maintain, so when MacDonald & Co. were looking to expand Canada to the west of Manitoba, they were able to annex it for virtually free.

      Meanwhile, the British had colonized Vancouver Island and Cascadia. Vancouver Island arranged to be bought out by Cascadia for the price of a rail line to run right from the south end of the island to the North. After agreeing to this venture, Cascadia, which the Queen had renamed British Columbia (after losing some of the colony to the US in the form of Washington State) discovered that Vancouver Island had been on the brink of bankruptcy and carried a huge debt. Canada wanted to control all land north of the 49th parallel, so came to an agreement with British Columbia to connect it to Ontario by rail -- what they didn't know is that British Columbia was about to declare bankruptcy itself due to the combined debts of VI and BC.

      Much Much later, the last of the colonies, Newfoundland, joined Canada in 1949 after its government fell apart and Canada took over the role of defence during WWII.

      3: There are still large French speaking communities all across modern-day Canada, with the largest being in Quebec and Nova Scotia, followed by Manitoba and Ontario. Quebec has French Cultural protection built into its provincial constitution.

      Of course, I read the GP's post as being one part flamebait and one part humour. But as you've pointed out, so much was SO wrong that a bit of education was needed :)

    4. Re:Government is under British Rule by Em+Adespoton · · Score: 1

      One thing I forgot to mention: the rail line on VI was never completed -- in the late *19*80's, the island agreed to amend the agreement so that a highway would be built instead -- the highway was completed as far north as Campbell River in 2000.

  66. Its not about Piracy, its about Thieft from artist by 3seas · · Score: 1

    The music industry is working overtime to give itself a bad reputation.

    They really should not be using piracy as an excuse to hide their own acts of robbery from artist.
    such acts only beget more of the same

    Artists should wake up and realize this and dump the traditional music industry.

    The more I see this sort of disgrace going on the less likely I'll buy from any label.

    The traditional business model doesn't work any longer as the reasons for the mechanics
    of it to have been the way it was no longer exist. There is no reason anymore to subsidize
    new artist and risk with the profits made from successful artist. New artist can establish
    their own following via the internet, they don't need traditional promotion at that stage of
    business. Once they have a reasonable following then they are in a position to take offers
    and decide on the best offer. Rather than relying on chance and taking abuse.

    The technology we have today can really help to put competition back into the music industry,
    if only the old worn out business model would get the fu& out of the way with it pathetic
    effort to continue its existence.

    What is the new business model? Well Ted Turner went up against established News Networks
    and and created His own model that was better than the traditional model.

    Who has the resources, courage and knowhow to do it?

    Thats the question that who ever answers it is going to certainly earn the wealth they will obtain.

  67. Taxes ho! by Impy+the+Impiuos+Imp · · Score: 2, Insightful

    Senator: What good is electricity in the home?

    Not a Senator: Sir, in 20 years, you'll be taxing it.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  68. Passive *DOES* exist by DrYak · · Score: 1

    What about over-eaters? Those that participate in risky sports? People who work really hard at their jobs? Explorers? Astronauts? Scuba divers? Mountain climbers? Consumers of alcohol?


    Because there's no such thing as passive 2nd hand smoking. (And by the way, most of the example you gave aren't associated with strong addiction. Workaholic doesn't have the same biochemestry implication as cocaine or tobacco).
    By engaging a random risky behaviour, you're only endangering your self. With smoke, your also compromising the health of bystander who never got to choose to smoke.

    Note that, it the long string of example you gave, there are a couple of situation where 3rd party could be endandered by the behaviour : if risky sport involves heavily tuned cars on non-closed roads, if alcohol drinking involves driving, etc... And you know what : those situation happen to be illegal (exactly because a non-consenting bystander could get harmed). Technically tobacco should be the case too.

    I flatly refuse to believe all these 'secondary-smoke' alarmist advertisements, stories, and studies. They fly in the face of common sense,

    The doses needed to endanger 3rd parties are actually very low and stay suspended in the air for quite some time. There's a lot of recent research data showing that the effect of 2nd hand smoking have been ignored in the past (or that the tobacco loby managed to disctract attention efficiently).
    No matter how much you refuse to believe them, the fact happen to be there.
    Passive smoke kills too.

    On the other hand there are other such endangering behaviours that should get attention too, but smoker are the current popular one because they're conviniently to pick on :
    - it's proven that its bad for the health and everybody does know it.
    - it's not anymore done by almost everyone (whereas producing pollution by driving non-ecologic cars is much more difficult to criticise because everyone is doing it and no one wants to admit he's guilty too).
    - smokers are dependant. whatever to tell them and nomatter how much you piss them off, they'll still smoke, thus the tax cash flow will still come in.
    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
  69. Tax something you don't own? by sc0ob5 · · Score: 1

    Is it just me or does it seem crazy that they are trying to tax something that you don't actually own and never bought? What's next? An air tax?

  70. Good idea! by The+Creator · · Score: 1

    Tax them 6%!

    --

    FRA: STFU GTFO
  71. Public sector gone mad by Bloater · · Score: 2, Funny

    Why don't the record labels just add 2 cents to their wholesale download prices?

  72. Why a *TAX*? by pla · · Score: 3, Informative

    For blank recordable media, the CRIA has no ability to affect pricing directly, thus the tax on them.

    For legally purchased music, the CRIA defines the price, via their contracts with individual distribution channels.

    Thus, if they see the need for an extra $0.02, they could just, y'know, raise prices by that much per download. No need to go through the government and needlessly complicate the issue.



    So, why phrase this as a tax?

    Scarily obvious answer: This has more to do with Radiohead than with piracy. Piracy scares the music industry, but not nearly as much as artists like Radiohead, Issa (née Jane Siberry), and NIN finally figuring out a viable way to escape the industry's evil clutches.

    ...Or should I say "almost escape", since the CRIA has evidently returned fire.

  73. Canada by Deliveranc3 · · Score: 1

    Has a nasty habit of taxing vices and hobbies, movies, cigarettes, alcohol etc.

    These things are expensive here earning us a reputation as rather more reserved then our American neighbors...

    People buying music have money to spend on the "trivial" arts... I suppose this is a product of the fall of communism and rise in conservatism but it still rubs me the wrong way. It seems fair and like a good tax base but big picture attacking the arts is a bad thing tm.

  74. Re:If the government over there does this, it must by Holmwood · · Score: 1

    "Piracy" might be higher in Canada than the US. Certainly the RIAA and MPAA would like us all to think so.

    In part, that's because of an unwritten compact. The article mentions that blank CD's have been taxed in Canada. They don't really explain viscerally how heavily.

    Take a look at these two products from the same retail chain -- Best Buy -- in Canada and the US. The Canadian dollar, to everyone's astonishment, is about $1.02 US as of this writing, i.e., worth a little more than the US dollar. So dollar to dollar price comparisons are reasonably fair.

    In the United States, if I want to wander into Best Buy and pick up a 100-pack of Maxell CD-R's I'm going to pay $32.99 as of this weekend.

    The same retail chain, in Canada, the same product... $69.99.

    (By contrast, a Maxell 50-pack of DVD-R's is 19.99 in Canada this weekend, regularly 31.99, and 30.99 in the US).

    Not, of course, that I recommend Best Buy as a store or Maxell as media. Just easy quick comparisons.

    That's right. In Canada this weekend, you'll pay more than double for CD-R's than in the States, and, at least for DVD-R's purchased from Best Buy, about two thirds of what you'll pay in the States.

    The difference goes to the music industry and, ultimately, artists.

    So Canada has this unwritten compact whereby everyone who purchases CD-R's is assumed to be using them for copied music and pays a hefty tax.

    And, in turn, so far the courts have been highly resistant to industry attempts to get ISP's to divulge who's at what IP. And downloading... stuff.

    I don't suggest that the two are directly connected, but there is probably a moral connection in more than one person's mind and more than one judge's mind.

    The industry, of course, hates this.

    People who used CD-R's for backup have, not surprisingly, moved on to using DVD-/+R's, and don't really mind.

    Personally, I lean to the view that the sensible way forward is to charge a Canadian CD-R type levy on personal internet usage, and let people do what they want. You might even make it something people can opt out of, but if they're then caught downloading music/video without permission of the copyright holder, they get hit with a full-blown RIAA legal assault. And fair enough then. They had a nice easy way to legally comply and still do something that socially is very popular... and they chose to break the law.

    Make legal (monitored for market share) downloads so compelling and interesting that the illegal alternatives fade away.

    True, we can simply treat it as piracy and let the *AA continue to sue people, but that didn't work very well in the case of people taping programs on VCR's.

    This move, though, to tax legal downloads is just plain bizarre as others have suggested.

  75. Yes, just like their health system! by Jane+Q.+Public · · Score: 1

    Making the public pay for the misfortune (or misdeeds) of others is a classic Socialist concept and is hardly new to Canada. Look at their national health care. Anybody can get care "for free" because the public in general pays for it... if, of course, they can get care at all. Often they can't. I expect that if implemented this system will work approximately as well, which is to say, not very.

    1. Re:Yes, just like their health system! by John+Jamieson · · Score: 1

      First off, downloading is not a misdead up there. This statement shows you don't understand the topic you are writing about.

      Second you say 'Anybody can get care "for free"... if, of course, they can get care at all. Often they can't.' and it is not truthful. Sure there are occasions where the systems are messed up, but it is rare where one cannot get care. Down here, there are people who cannot afford care, and this is a regular occurance.

      Keep listening to your right or left wing extremist news sources like most people... it will assure you never have to grapple with the truth. It would be nice if people who think they know so much ever tried living elsewhere for a year or so.

    2. Re:Yes, just like their health system! by Jane+Q.+Public · · Score: 1

      You have mis-stated the facts. By international treaty, downloading copyrighted material in Canada is NOT legal, regardless of Canada's unwillingness to enforce the treaties it signs.

      It might be legal according to province or national law, but Canada's own agreements to international treaties make it illegal. Now, as a Libertarian, I do not agree with that state of affairs... but that is the way it stands today. So it is not me who is confused.

      As for the other thing, I can say sarcastically but with justification and feeling, "not truthful, my lily white ass!" I can point you to countless stories by Canadians who could NOT get healthcare in Canada, in time to alleviate their problems before the situation became dire. It *IS* a big problem, according to Canadians themselves, regardless of how much other Canadians are in denial about this problem.

      I also happen to personally know a physician who moved to the United States for the same reason. He did not feel he had access to adequate facilities to properly care for his patients. He felt that not just he, but his patients as well, were victims of a less-than-mediocre health system.

      I do not listen to either right or left "extremist news". In fact, I am a Libertarian and I detest both the "right" and the "left".

      Now, a few individual anecdotes do not prove a point, but a lot do. I suppose the thousands of Canadians who come to the United States every year for healthcare, because they cannot get it a timely manner at home, can just be ignored? How so? They ARE real. I live in a town where medical care is a big industry, and it also happens to be not far from the border. Guess who some of our best customers are?

      I suspect you could use a little education about the facts yourself.

    3. Re:Yes, just like their health system! by Anithira · · Score: 1

      You have mis-stated the facts. By international treaty, downloading copyrighted material in Canada is NOT legal, regardless of Canada's unwillingness to enforce the treaties it signs. It might be legal according to province or national law, but Canada's own agreements to international treaties make it illegal. Now, as a Libertarian, I do not agree with that state of affairs... but that is the way it stands today. So it is not me who is confused. I should really be in bed, but first, i had to reply to this.

      I did some quick research and while it was far from thorough (i didn't look through every treaty, i did a quick search on ones dealing with copyrights) it turned out something startling, there is no treaty that forbids personal copying!

      That's right, of the 4 treaties that Canada has signed and/or put into law, not one of them says anything about 'personal'copying. public copying and reselling is illegal, no one is denying that, but personal?

      3 of the 4 have been made into law, and all are quite old (one was to do with IP/Copyrights in the patent and world stage, nothing to do with infringement), the fourth one, the WIPO Copyright Treaty, was signed by Canada, however, no law has been made. Unless I missed something, there is no reference forbidding personal copying (post links to prove me wrong, preferribly to the treaty itself).

      Also, international treaties are about as hard to enforce has it is to hold back a river with my hands. Take a look at the Kyoto Accord, or a better example, the US going against the WTO in banning online gambling. Kyoto is such a mess in many countries in terms of legislation to meet the targets.

      A Treaty is not a law-binding piece of paper. It's a bunch of country leaders sitting down and creating a document, then signing it. There's no binding effect to that treaty, you can (usually) pull out, not to mention the general public might not like it.

      Your words summed it all up nicely, you might want to follow them too...

      I suspect you could use a little education about the facts yourself.
      --
      ~Cassandra
    4. Re:Yes, just like their health system! by John+Jamieson · · Score: 1

      Countless stories? Once again, I think I could count all the ones you can point out.

      Thousands of people out of over 30 million is not a lot. 47 million of our countrymen who cannot afford health care is on the other hand a number that I cannot count. Yes, Canada does not always have the best health care in every area, and in some parts there are wait times. In other areas they are tops in the world (just look at the research coming out of Calgary and U of Toronto).

      You live near the border? Thats nice, so did I... Except, I also lived in the country while on a contract, so I actually know how the common person feels, not just the few disgruntled.

      There have been many Canadian doctors move down here, especially when Ontario elliminated extra billing. Our doctors just earn a lot more. HOWEVER the current trend is that we are loosing a lot of those back to Canada. Even though they may like the money, they are somehow becomeing less enamored with our country.

      In summary on healthcare, I would agree with you if you said that with an aging population and limited funds that the Canadian Health Care System was in trouble, but only if you admitted that ours was in crisis.

      Me misstate facts? I try to be very accurate but still could make mistakes I guess.
      Oh ya, what is this international treaty that the average Canadian is to worry about? Since we don't abide by any ourselves, even IF one did exist... why should they care? Personal copying of music in Canada was a deal reached (no, pushed!) by the recording industry itself, and accepted by the Canadian Government... Thus, the producers and government came to an agreement...no treaty enacted after the fact can alter that fact.

      By the way, if you are talking about the 1997? WIPO treaty, most international experts believe Canada is following it, though not as it is interpreted by the USA... but being wrong has never stopped us from bullying Canada before, why stop now?

      And what is with this anti socialist vitriol? Sometimes it is more efficient for the government to do things, and sometimes it should be left to Private firms. Making televisions? - Private Creating and maintaining road networks? - Government Health Care?- Hmmmm, not so clear cut! (Because you declared yourself libretarian, I guess I should state that I would consider myself a small "c" conservative, but want nothing to do with the neofacist, sorry neoconservative movement)

    5. Re:Yes, just like their health system! by Jane+Q.+Public · · Score: 1

      There was no vitriol regarding socialism. I simply stated a fact without coloring it in any way. How did you read vitriol into that?

      Well, your "stories" about healthcare carry about as much weight as mine, as far as I can see. I am not convinced, and obviously you are not either. I was just relating my own experience.

      As for treaties: I have not looked it up, but I was under the impression that Canada was signatory to a treaty that pretty much echoed the EU stance on Copyrights. If not, then my mistake.

  76. Bollocks. At least in Canada. by BlackCobra43 · · Score: 1

    The average smoker will spend several TIMES as much in taxes as the averge non-smoker, as nearly HALF of a pack's price in Canada is pure taxes. That's 3-5$ on every 5-10$ pack going straight to the government. No product in existence has as much taxes - not even gas, which is only about 35% taxed!

    Smokers, in CANADA, pay MORE than their healthcare costs in taxes.

    --
    I never spellcheck and I freely admit it. Save your karma for more worthwhile "lol erorrs" replies
  77. This is completely backwards! by argent · · Score: 1

    If you want to compensate musicians for piracy by taxing potentially uncompensated transfers that are stored on CDs and MP3 players, OK, I can see that. I could even see a tax on internet access to compensate copyright holders, similar to the CD tax. But taxing *legal* downloads that have already compensated the copyright holders instead? That's penalizing the activity you want to promote, and encouraging people to trade "under the table" instead.

    What idiot came up with this?

  78. Got nothing to do with the media tax. by argent · · Score: 1

    The existing media tax in Canada compensates the industry for the legal right of users in Canada to copy material for their own use.

    But are they charging a tax on pre-recorded CDs... in case, um, he guy who downloads it makes a copy. Or something?

    If not, then how the HELL do they justify this? It's got nothing to do with a right to copy, because the copyright holder has ALREADY been compensated for the download. It's completely unrelated to the media charge because a download isn't media.

    1. Re:Got nothing to do with the media tax. by starfishsystems · · Score: 1
      Referring to my original comment, the principle is to compensate the industry for the legal right of users in Canada to copy material for their own use.

      That compensation can be extracted at various points. I don't know that in fact it's not also hidden in the retail cost of a recorded CD. If it's the same amount per unit as for blank CDs, you'd never notice, the price of recorded CDs being so high already. Or perhaps recorded CDs were overlooked in the original decision.

      It helps to remember that all regulatory decisions are based on an application of principle. That's usually the more important focus for concern than a particular detail of implementation. And if, in your view, a decision seems unjustified or nonsensical, you probably aren't looking at the same set of principles that were weighed while making the decision.

      --
      Parity: What to do when the weekend comes.
    2. Re:Got nothing to do with the media tax. by argent · · Score: 1

      the principle is to compensate the industry for the legal right of users in Canada to copy material for their own use.

      That compensation has already been made! When you paid for the legal download from the copyright owner or from an agent authorized by the copyright owner to distribute it, you compensated the copyright owner for the copies that you will make of that music as a necessary part of enjoying the music that yu purchased. They're inherent in the medium, they're not extra copies that the Canadian government grants you as a right in exchange for a medium fee.

      It helps to remember that all regulatory decisions are based on an application of principle.

      It helps to remember that just because two situations are superficially similar that doesn't mean the same principles apply to both.

    3. Re:Got nothing to do with the media tax. by starfishsystems · · Score: 1
      They're inherent in the medium, they're not extra copies that the Canadian government grants you as a right in exchange for a medium fee.

      That's correct, but you've contradicted your first point. Here you acknowledge that the consumer has paid only for the download, not for any additional copying. The industry agrees with you. The proposal at hand is, like the media tax, intended to cover the case of additional copying not inherent in downloading. I'm not defending it, just explaining it.

      It helps to remember that just because two situations are superficially similar that [sic] doesn't mean the same principles apply to both.

      It doesn't mean the converse either. Really, you need to work on your logic a bit.

      --
      Parity: What to do when the weekend comes.
    4. Re:Got nothing to do with the media tax. by argent · · Score: 1

      Here you acknowledge that the consumer has paid only for the download, not for any additional copying.

      No, I acknowledge no such thing.

      The consumer has paid for the download AND for any copies that are required for them to listen to that download and othewise treat it like they treat the CD they bought, because these copies are required by the medium.

      The contrary view would be that it is actually *illegal* to listen to iTunes music on your iPod. This is of course insane.

      And so, the rights you are paying for when you buy music from the iTunes music store includes: playing the music on up to 5 devices at a time, burning an audio playlist up to 7 times, with no limit to the number o playlists any track may be in, and to make these copies solely for personal and non-commercial use. No, those are not copies licensed by the Canadian government, those are copies licensed by Apple acting as the legal agent of the copyright holder, with their approval.

      Don't take my word for it. Read The License Agreement.

      EVERY legal music service has similar terms. The license you agree to when you open an account or download that music EXPLICITLY grants the rights to make these copies in exchange for the money you pay... every single copy you make subject to these limits is paid for, in full, by that payment.

      I'm not defending it, just explaining it.

      And I'm attacking it. Your explanation may be their official position, but that doesn't mean it's not completely wrong.

      Yes, I understand that the industry has completely lost touch wit the principles under which they operate. Canada is no exception. But they HAVE lost touch with those principles.

      That's the *point* that I'm making here. There's nothing wrong with *my* logic.

  79. It's an import duty. by argent · · Score: 1

    I think I figured it out.

    This is a hidden import duty, a tax applied primarily to non-canadian musicians but paid primarily to canadian musicians.

    Looks like they've come up with a loophole in NAFTA, GATT, etcetera...

  80. Taxing Floor by Secret+Rabbit · · Score: 1

    It just occured to me what is actually going on; they're taxing floor.

    The problem is that we already have taxes on the storage medium e.g. CD's, HDD, etc. So, these companies are already compensated through the storage mediums at Puretracks, etc as well as the storage mediums for each and every client. But this, this is like taxing the wire rather than anything else, given that it's specific to downloading.

    So, the real world equivalent is like taxing the floor of a record store because that is the transmission medium (i.e. the client walks to grab the CD/etc, to the cashier and out the door) in a store.

    How asinine is that?!?!

    IMO, this is just more evidence that there should be an age cap on, education required for and experience in the field for, the people who propose such laws/taxes/etc. Because IMO, these people are so very obviously completely out of touch with how things actually work, that they should be forced out of the decision making process and these requirements would at least make the situation better.

  81. New Tax on Musice downlaods. by Anonymous Coward · · Score: 0

    I can't see how the government can be a private tax collector? How does the government get away with collecting money for a private company? The money collected by the government has to go into Consolidated Revenue then the government pays money out of that for the government. It's any wonder that someone in Canada has not sued the government as the tax is unconstitutional and does not flow into consolidated revenue.

    One would hope that any court in the land would understand that a government can not tax it's people merely to give the money to a private company. The tax form the people is to be used by the government to provide services to the people nothing more.

  82. Why wouldn't they.... by polishspartan · · Score: 1

    Canadians keep proving there worth. There ideas are revolutionary and they continue to revolutionize a lot of things. For them to tax legal music downloads does not surprise me, how else would they be able to provide free health care.

  83. Re:If the government over there does this, it must by Pope · · Score: 1

    In the United States, if I want to wander into Best Buy and pick up a 100-pack of Maxell CD-R's I'm going to pay $32.99 as of this weekend.

    The same retail chain, in Canada, the same product... $69.99.

    Change brands, and you can get a 50 pack of Verbatim CD-Rs for $22.99 on sale this week. Personally I'd rather just order online from www.blankmedia.ca for $34. :)
    --
    It doesn't mean much now, it's built for the future.
  84. Re:If the government over there does this, it must by Holmwood · · Score: 1

    I'm still paying $46 for stuff I can get in the states for $32. (And no idea if Verbatim are better or worse than Maxell). My point remains: Canadians pay a lot more -- frequently close to double -- for CD-R's.

    Sure, I can pay less still from blankmedia.ca, and I can pay less still from a US blankmedia retailer. That's not the point; the point is to try and compare apples to apples what prices for the same goods from the same retailer in both countries are like.

    -Holmwood