AfterDawn: News

P2P downloads legal in Canada

The Copyright Board of Canada has deemed downloads from peer-to-peer networks legal in Canada. However, much like in other countries, uploading files is still considered illegal. So as long as you're not sharing any copyrighted material, you can use P2P networks in Canada with a clear conscience.

Claude Majeau, the secretary general of the Copyright Board said regarding P2P downloads: "As far as computer hard drives are concerned, we say that for the time being, it is still legal."



Canadian Recording Industry Association doesn't agree with Copyright Board's views. "Our position is that under Canadian law, downloading is also prohibited," said Richard Pfohl, general counsel for the association. "This is the opinion of the Copyright Board, but Canadian courts will decide this issue."

The Copyright Board also decided to impose surcharge on hard drive -based music players, such as Apple iPod. MP3 players with up to 10GB of hard drive capacity will have a $15 government fee added to their price, while larger devices will carry a hefty $25 fee. Players with less than 1GB of memory will get away with $2. The charges put MP3 players to the same category with blank audio tapes and CDs. The money collected will go to a fund, from which artists are compensated for losses caused by consumers' personal copying.

Source:
News.com


Written by: Jari Ketola @ 12 Dec 2003 14:13

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• 19 comments

• alxdotnet

  Looking for a small house or apartment for rent or purchase in Canada...
  

  Comp 1: Dell Inspiron P4 2.4Ghz / 512 MB RAM with 24x CD-RW and Firewire In, SVideo Out running XP Pro
  Comp 2: Dell Dimension P3 550Mhz / 384MB RAM with old 2x CD-RW running XP Home.

  12.12.2003 17:37 #1

• Bladestor

  That sounds like a good idea alxdotnet!

  12.12.2003 20:12 #2

• chthomson

  Hi guys
  Canucks can download legally and make all the music discs they want for themselves. However
  uploading is still illegal - that is distribution. As I understand on P2P if you do not upload you cannot download.

  13.12.2003 06:06 #3

• chthomson

  The Copyright Board has ruled on the proposed new levies by the CPCC. For the 97 page report see http://cb-cda.gc.ca/decisions/c12122003-b.pdf. Canadians can download / make copies of pre-recorded audio discs legally. At least one government has recognized private copying of music is a reality and cannot can be stopped.

  13.12.2003 08:32 #4

• Toiletman

  Well, that's one reason why Canada logic is wierd. This time it benefits us.
  
  Now, what about the milk in bags?
  

  When you are on your deathbed, you will wonder, "Did I waste my life? Was it worth spending all that time on that?" Do not despair, no one has wasted their life. After all, you can only waste something if you throw it away. And you can't throw life away.

  13.12.2003 11:11 #5

• AlanTiger

  Legal contridiction is great
  

  Beaming down to a Jungle near you......

  13.12.2003 11:54 #6

• A_Klingon

  We *have* been fortunate here in Canada, and not just recently, simply because some one 'says so'.
  
  I can't quote any relevant portion of any particular Canadian law document, but as far as I know, it has always been 'permissable' to borrow music cds from a local Public Library, and make personal, for at-home-use-only copies. LEGAL. And in the absense of any contradiction to the contrary that I am aware of, many people also believe that extends to Library-Lent DVDs as well.
  
  And let's put it this way: The _chain_ of local public libraries in my area (all interconnected by web, from which I can reserve any dvd title I wish for delivery to my closest branch), has A LOT of commecial dvds up for loan! ;-)
  
  And since the powers-that be (news item above) have deemed Canadian P-2-P downloading legal, may I just add that I have just today put the 1975, 11-song Janis Ian Album "Between The Lines" on a standard (non-DRM-crippled) red-book music cd, made from mp3 files *LEGALLY* downloaded from Kazaa's p-2-p network.
  
  Thmaaaaaaa !!!!!!!!1
  
  Only in Canada, eh? Pity. :)
  

  13.12.2003 17:22 #7

• Motomatt

  Cheap prescription drugs.. legal medical marijuana and music downloads? Who's running things up there? Anyone with broadband and a room to rent?
  
  

  13.12.2003 19:16 #8

• A_Klingon

  Yeppir, it's a dream come true, Motomatt. We just whip out our Medicare cards and say to the pharmacist, "Hey man, gimme some reds!". You can kick up a deal with your family doctor to prescribe some of the medical green stuff simply by convincing him you have insufferable back pain. The merry wanna labs up here are all gov'mint controlled, so you get only the best parts (top leaves) of the "prescription".
  
  As always, you can just whip out yer MedieCare Card and say, 'Charge It to the Feds please'.
  
  Don't forget to stop off at the local Library on your way home to pick up those Beatles' CDs and the 3 dvd videos they have held just for you.
  
  When you get home, you can just tap into yer cable-box-connection to see what Kazaa has got for you today. Whooooosh! Oh! Another full album to burn! Awesome, motomatt, and may Mr. Micro$oft kiss my butt. If anyone gives you a hard time, just offer him a coupla 'reds', take a long haul on your medically-sanctioned reefer and say, "Hey man, *I* don't write the law, I'm just following it, ya dig?"
  
  [sigh........] Yeah, I'm "dreaming" again. Got any spare beer? :-)
  
  P.S. The country up here, like so many others, is run by self-serving, raving lunatics. Ya get used to it. :)
  
  
  

  14.12.2003 01:01 #9

• AlanTiger

  more like rambeling
  

  Beaming down to a Jungle near you......

  14.12.2003 01:15 #10

• GrayArea

  Uh... It's "rambling" Bevis. And, you're right, that's what I'd call it too. Moderators are allowed to do that.
  

  We mustn't lower ourselves to the level of those we loathe, lest we become loathsome ourselves.
  

  15.12.2003 13:31 #11

• GrayArea

  Note to Canadian P2P users. Put as many "legal" (non-copyrighted) MP3s as you can find in your shared folder. Load 'em up. Then put one file called "Madonna - American Life.mp3" that is a three minute recording of a noisy painful bowel movement. Collectivly y'all need as many files as possible for the bots to have to wade thru. That could help in the USA too... Hmmm.
  

  We mustn't lower ourselves to the level of those we loathe, lest we become loathsome ourselves.
  

  15.12.2003 13:49 #12

• GrayArea

  AlanTiger- Guess I can't spell either...(or form complete sentences).
  
  "Collectivly" Hah! What a putz.
  

  We mustn't lower ourselves to the level of those we loathe, lest we become loathsome ourselves.
  

  15.12.2003 13:57 #13

• A_Klingon

  All carrying-on aside, things are not at all as 'rosy' as I pretend them to be.
  
  Just now, 2 minutes ago, I saw on the news (CBC-TV), that the "Recording Industry" in Canada is now going to actively sue those (you? me?) who allow songs to be uploaded, as well as the various P2P networks - Kazaa was specifically named.
  
  It <sorta> had to come to this. Nothing other than outright threats against indivuduals seems to be having any effect on file-sharing. Frankly, I think they're wasting their time.
  
  They (The RIAA and it's international member branches) will continue to brutally thrash file-sharers and instill global hatred among all of us.
  
  But my own personal interpretation of all of this, is that there are just too many of us. Yup - the International, global WWW file-sharing community is far larger than even the RIAA. (They know it too - just don't expect them to admit it to you anytime soon).
  
  They might manage to BRUTE-FORCE RAM a dent in file-sharing, but I daresay they'll never get rid of it.
  
  They really ought to be looking for other alternatives.
  
  (Did I mis-spell anything?) <gg>

  16.12.2003 06:34 #14

• Motomatt

  
  They probably heard a mass of the U.S population was moving to Canada and re-thought things...
  
  Matt

  16.12.2003 06:49 #15

• chthomson

  I read in a thread somewhere that the real issue here is RIAA control in the music industry. They have for years controlled what happens in the music world. A new artist needed connections to get their music to the public. Today thanks to the Internet and mp3 all an artist must do is pay for the studio time - convert to mp3 and make sure they have links to those songs. No record company is needed - no radio airtime - no manager. They could do it all themselves. In otherwords cut out the middleman - the fatcat in the business. I am greatly offended that the CPCC - the people collecting the cd levy in Canada - has collected over $30 million and most of that money has been spent in lobbying for higher fees rather than distributing the monies to the artists. If I was a musician I think I would sue the CPCC for my share.
  Just my thoughts

  16.12.2003 11:40 #16

• A_Klingon

  chthomson: You pretty much have it correct. It's all about power, control, and monopoly. Or, in other words - as the RIAA would see it - "The Good Old Days". Well, I hate to burst their long-standing bubble, but those days are numbered.
  
  motomatt: Mass exodus to Canada? Sure! We LOVE you guys! Welcome to the land of Cheep Beer & Hockey Pucks & Back Bacon, eh?!!
  
  Our beer up here is stronger than your stuff. So, 3.5 bottles/pints of our stuff equals about 5 of yours. (You can get a buzz on quicker at a better price.) 'Course now, the American Brewing companies are now exporting their goodies *into* Canada -- and the cruncher -- it's beer made to "Canadian standards" (i.e., it's stronger than their normal stuff).
  
  So the Old Milwaukee or Budweiser beer you buy up here, is different (more potent) than the same brands you buy down there.
  
  So yes, you're getting short-changed. Between the better beer, legal downloading, and governmentally-sanctioned dope, the mass exodus seems fully justified. :)
  
  

  17.12.2003 03:46 #17

• Motomatt

  I just want me one of those med cards...

  18.12.2003 16:43 #18

• urlybird

  If it is legal then why would this case go to the Supreme Court ?
  
  Internet royalty case lands in Supreme Court
  http://www.cbc.ca/stories/2003/12/03/copyright031203
  
  

  50% of Doctors finished in the bottom half of their class !!!

  19.12.2003 09:30 #19