Canadian Judge ruled that iPod / MP3 player taxes were illegal



I just posted the article Canadian Judge ruled that iPod / MP3 player taxes were illegal.

  While  Canada had a blank media tax on tapes and CDs to compensate musicians and record  labels for private copying, late last year the Copyright Board had also started  applying taxes to MP3...
Read the full article here:  [](

Feel free to add your comments below. 

Please note that the reactions from the complete site will be synched below.


FutureShop and several other electronics retailers went to war on this. I’m glad to see they won. ISPs won’t be taxed here wither - Bell and Rogers are on the job and will fight the way FutureShop did in their own arena. No friends or “power lobbies” of the RIAA and MPAA in Canada, I’m afraid… :slight_smile:


I wonder if this will be retroactive i.e. If you already bought one, will they give you the 25$ back?


Canadian ISP’s WILL cut you off if they get more than one complaint from the RIAA or MPAA or whatever. Don’t kid yourself that Canada is a safe haven for an illegal downloader, it isn’t.


FreqNasty: Keep dreaming, junior. ISPs will bust you for violating TOS, usually because you went absolutely nuts downloading the entire Internet (like 80GB a day consistently or for running a server. That’s bandwidth issue to them - that’s all. Other than that, the Privacy Act will not allow ISPs to release your personal information, even if they COULD identify you specifically, which they can’t (and have admitted that they can’t). Thus the RIAA or MPAA have no way whatsoever to tell who you are. Oh and a couple more things: No downloading is illegal in this country (except child porn which is fine by me). File Sharing is not illegal in this country. Making copies of CDs and DVDs for personal use is not illegal in this country. Sharing tapes and thus CDs is not illegal in this country as long as you’re not selling the material. I have no idea where you’re getting your FUD from but it cuts no ice.
[edited by Roj on 18.12.2004 20:20]


Even if they do bring back the levy, think of it this way, our taxes allow us to do so much that the American public wishes they could, like not have to mortage your house to get heart surgury. 25 bux, big deal, so what, I think we shoudl be more concerned that this tax money gets distributed so that the artists can’t bitch about us “stealing” their songs without them getting compensated. I like my freedoms, I like not living in a police state. I love hte fact my government is not bought off by corporations. Canada, the TRUE home of the FREE


@ FreqNasty, Read this:,39020651,39118537,00.htm RIAA, MPAA has no power to override canadian laws i’m afraid…


Roj: Well I was referring to the fact that you cannot sit on the torrents and download from there as we all know that you simultaneously download and upload at the same time. Not that I care either way. It is a violation of your Canadian law. You’re probably a leech anyway, you take all you want and don’t upload anything back just in the safe knowledge you can’t get caught this way. This is backed up in Dragon Fury’s posted article,39020651,39118537,00.htm I hope that makes clear my point, JUNIOR :X
[edited by FreqNasty on 19.12.2004 03:41]


I concur… Wish we have the same resolve here in Australia like our Commonwealth friend across the Pacific! Johnny “Dubya” Howard, did u hear that?
[edited by icepax on 19.12.2004 11:45]


While I’m using P2P, my ports are open via port triggering and anyone can access me within limits I set. When I’m not, that’s it, that’s all. It’s good security practice (also called “prudence”) and is obviously something you’re ill acquainted with (amongst other things). The fact that I use port triggering behind a router means that there is never any conclusive data on WHO did WHAT and Canadian law would require specifics in that area, assuming I was doing anything illegal in the first place (which I clearly am not (even if I were using Torrents). In short, you have no point which is no real surprise to me. I don’t read ZDNet - media and technological pundits have little to say that’s intelligent or interesting as far as I’m concerned.
[edited by Roj on 19.12.2004 19:28]


You made it sound like you can do whatever you like in Canada when it comes to file sharing without breaking any laws. This simply isn’t true. Sure, you can get away with it, most of us do. I’m in Australia and have never had any issues downloading anything. Now, what else was I ill aquainted with?:X


Consider yourself very unlucky if you’re in Australia and you get in trouble for file sharing. The only people who get caught out here are those who run mp3 websites and are shown to make money out of it. John Howard ownz you icepax :B


Whare were you ill-acquaitned with? Canadian Law. World Events. Logic. Let’s see: We could start with the ruling by a Canadian judge earlier on this year that rendered file sharing legal in this country. In the ruling, file sharing was compared to going to the library and making copies of copyrighted material on the photocopier. We could continue with the levy charged on blank media in this country which goes a very long way to preventing the RIAA and MPAA form having a leg to stand on vis a vis vanishing profits. We could finish with our Privacy Act which I’ve already covered. Now stop trying to save face, run along and stop wasting everyone’s time.


Earlier this year maybe but not now my friend. File sharing as in uploading to others is a no no. As i said, go read the Zdnet article as it’s up to date. You can download legally, but not from the torrents or anything else which has uploading simultaneously. That doesn’t leave much else does it, apart from private sharing which can’t be tracked anyway. So be warned all Canadians, don’t go on the torrents and feel immune. You might not be charged by the RIAA or the MPAA but the ISP will threaten to cut you off. Other Canadians have shown me evidence. Roj, I suggest you sign up with Telus if you want further proof. Please don’t make me type all this again.


Once again you fall short, this time in the logic department. ISPs will not release information on uses because of the Privacy Act. ISPs themselves can’t determine with absolute certainty who is doing what and have stated that point publicly. So who exactly oculd be charged in such a scenario? The Tooth Fairy? No definitive target== no suit. It will be interesting to see the final ruling. Given Canadian propensity to discard the nonsense perpetrated south of the border, I’d hazard a guess you won’t see any DMCA garbage here any time soon. Also, while the Copyright Board’s ruling will be taken into consideration, the existing freedoms as well as the ruling on file sharing will be as well - and they set an unfavorable precedent for the RIAA and MPAA. After all, sharing is legal and uploading can easily be constituted as a form of sharing in the digital age. Let’s just say my money isn’t on the entertainment industry - as Bowie said, “This is not America” (Thank God!).
[edited by Roj on 20.12.2004 16:10]