I think the Patriot Act would apply to data stored in the US regarless of where the data originated from. Now there is much controversy over Canadian data stored in the US because, clearly PIPEDA applies. The interplay between PIPEDA and extra-territorial legislation, and the obligations of those who have the information in their possession, is a very complicated question which would require an exhaustive legal opinion.
Section 3 of the Copyright act states that "copyright" means, in relation to
that work, the sole right to produce, reproduce the work, to perform the
work, to publish the work and to communicate the work. It also includes the
sole right to authorise such acts. It's an infringement of coypright to do
any of these things if you are not the copyright holder or if the copyright
holder has not authorized you do to the act. A "work" includes a musical
work. (i.e. a song)
The quirky thing about the Canadian Copyright Act however is that section 80
of the Copyright Act says that the act of reproducing a musical work onto an
audio medium for private use of the person who makes the copy does not
constitute an infringement of copyright in the musical work. This exception
to liability is conditional upon the payment of remuneration on blank audio
recording media, for which there is a tariff in Canada. However, the
exception does not apply to "distributing, whether or not for the purpose of
trade" (which sounds allot like uploading) or "communicating to the public
by telecommunication" (again, which sounds allot like uploading). There is
case law out there that says that its the sender, and not the receiver of
the communication, who communicates.
That's why allot of people say you can download, because what you are doing
is reproducing a musical work onto an audio medium (eg: your hardrive or
whatever) for private use. But that if you upload, you can't rely on the
exception because you are either distributing or communicating without the
copyright holder's consent.
So, if 2 parties - a borrower and a lender - have a piece of software on
their respective computers which copies a CD over the internet, this action
is perfectly legal. The lender is initiating the action. The lender paid the
levy for the CD that is being burned. The borrower is not distributing or
communicating to the public at large.
The lender might still beliable for copyright infringement. Remember, the "private copying" exception only applies to the act of reproduction.
The lender might be either communicating a work to the public by telecommunication or distributing a musical work without the copyright holder's consent. However, if there are only two parties in your scenario, it would be very difficult to make a case that the "lender" here is communicating to the public by telecommunication because one person does not equal "public". You might still be distributing, but again, it may be tough to show that.
JumpTV (some good comments on an old/. story) is currently awaiting a tarif decision by the Canadian Copyright Board. We probably won't hear any ruling on the matter until early 2002.
If they do get a tarif, it will be interesting to see how long it takes:
For JumpTV to be hacked
For a nice infrastructure to redistribute the JumpTV signal
For the 4 (#?) media juggernauts "ask" JumpTV to stop because they can't control packets' destination.
For the CRTC finally crumble and start regulating the Internet.
First off, let me just say that ArsDigita is a great idea and with the raising prices of CS studies, it could become very popular.
Your web site and some posts mention that accreditation might be a problem for certain employers. Couldn't students write equivalence tests to get the degree which their employers require? (ie- University with a similar curriculum could offer equivalence test) What do you think about ArsDigita University associating itself with a few accreditation organisation?
Got cookie problems? I think if you have to many hotmail account cookies, it doesn't let you read any other accounts. To remedy this problem, just delete the few.msn.com and hotmail lines in the cookie file. Iam
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Got my Creative MP3 player plugged in the "Audio Auxiliary Input Jack" of my 2007 Camry already./ wo/Home.Vehicles.Camry-jo7y77vgUV7jGr6WkQdxCw/8.15 ?v103035e.html
http://www.toyota.ca/cgi-bin/WebObjects/WWW.woa/7
I think the Patriot Act would apply to data stored in the US regarless of where the data originated from. Now there is much controversy over Canadian data stored in the US because, clearly PIPEDA applies. The interplay between PIPEDA and extra-territorial legislation, and the obligations of those who have the information in their possession, is a very complicated question which would require an exhaustive legal opinion.
Section 3 of the Copyright act states that "copyright" means, in relation to that work, the sole right to produce, reproduce the work, to perform the work, to publish the work and to communicate the work. It also includes the sole right to authorise such acts. It's an infringement of coypright to do any of these things if you are not the copyright holder or if the copyright holder has not authorized you do to the act. A "work" includes a musical work. (i.e. a song)
The quirky thing about the Canadian Copyright Act however is that section 80 of the Copyright Act says that the act of reproducing a musical work onto an audio medium for private use of the person who makes the copy does not constitute an infringement of copyright in the musical work. This exception to liability is conditional upon the payment of remuneration on blank audio recording media, for which there is a tariff in Canada. However, the exception does not apply to "distributing, whether or not for the purpose of trade" (which sounds allot like uploading) or "communicating to the public by telecommunication" (again, which sounds allot like uploading). There is case law out there that says that its the sender, and not the receiver of the communication, who communicates.
That's why allot of people say you can download, because what you are doing is reproducing a musical work onto an audio medium (eg: your hardrive or whatever) for private use. But that if you upload, you can't rely on the exception because you are either distributing or communicating without the copyright holder's consent.
So, if 2 parties - a borrower and a lender - have a piece of software on their respective computers which copies a CD over the internet, this action is perfectly legal. The lender is initiating the action. The lender paid the levy for the CD that is being burned. The borrower is not distributing or communicating to the public at large.
The lender might still beliable for copyright infringement. Remember, the "private copying" exception only applies to the act of reproduction. The lender might be either communicating a work to the public by telecommunication or distributing a musical work without the copyright holder's consent. However, if there are only two parties in your scenario, it would be very difficult to make a case that the "lender" here is communicating to the public by telecommunication because one person does not equal "public". You might still be distributing, but again, it may be tough to show that.
Correction. My bill is just under 50$CAD. Check out the Prices
JumpTV (some good comments on an old /. story) is currently awaiting a tarif decision by the Canadian Copyright Board. We probably won't hear any ruling on the matter until early 2002.
If they do get a tarif, it will be interesting to see how long it takes:
First off, let me just say that ArsDigita is a great idea and with the raising prices of CS studies, it could become very popular.
Your web site and some posts mention that accreditation might be a problem for certain employers. Couldn't students write equivalence tests to get the degree which their employers require? (ie- University with a similar curriculum could offer equivalence test) What do you think about ArsDigita University associating itself with a few accreditation organisation?
IamGot cookie problems? I think if you have to many hotmail account cookies, it doesn't let you read any other accounts. To remedy this problem, just delete the few .msn.com and hotmail lines in the cookie file.
Iam
I would if I could, but I can't so I won't.