Canadians Can't Tax iPods... For Now

from the short-term-thing dept

Almost exactly a year ago, Canada started taxing MP3 players. They had already been taxing things like blank CDs as a sort of "tax to cover unauthorized music copying" and the idea was to extend it to MP3 players... even for those who were using the players for completely legitimate purposes. Now, a Canadian Court has ruled that this tax is illegal. The reasoning is basically that the wording of Canada's Copyright Act clearly doesn't cover things like MP3 players. What this really means is that Canadian politicians are likely to change that law soon. If anything, certain Canadian politicians will probably use this as an opportunity to try to make the law much more entertainment industry friendly.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team


Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. identicon
    Beck, 17 Dec 2004 @ 11:12am

    CD Tax

    If Canadians are paying a fee when they purchase blank CDs - to cover unauthorized music copying - then is it OK to make copies of music?

    link to this | view in thread ]

  2. icon
    Mike (profile), 17 Dec 2004 @ 11:23am

    Re: CD Tax

    Actually, we mentioned that before... it seems that the Canadian rulings have suggested that it is legal to download music. It is not, however, legal to upload music. However, as you might imagine, not everyone agrees with that...

    link to this | view in thread ]

  3. identicon
    thecaptain, 17 Dec 2004 @ 12:12pm

    Re: CD Tax

    Yeah, basically they use this example in their brochures (and I think there's a government website also).

    If I lend you a CD and you make a copy of it for yourself, this is legal.

    If I make you a copy of the CD and give it to you, this is not legal (viewed as distribution of a copywrited work).

    The decision on whether music downloads were legal were seen in this light. Ie: If you download something...it is the same as borrowing it and making a copy for yourself.

    I'm not sure if anything was stated about making your collection available to P2P networks...since you aren't "uploading"...rather you are letting people download from you.

    link to this | view in thread ]

  4. identicon
    Anonymous Coward, 17 Dec 2004 @ 1:51pm

    Re: CD Tax

    The CD tax is the main reason that CIRA (the Canadian equivilent of RIAA) can't sue file sharers. We have effectively paid the fine before doing the crime.

    link to this | view in thread ]

  5. identicon
    dorpus, 17 Dec 2004 @ 2:21pm

    The real picture

    Canada is a constitutional confederacy designed by American politicians from the South in the wake of the Civil War. The confederacy has a weak federal government that is desperate for tax revenues, so it will set up strange, unpopular taxes. At the same time, the country has a government-subsidized entertainment industry, making strange mediocre works, to prevent citizens from listening to too much American music and turning into Americans. Canadian politicians have an interest in setting up systematic biases against Hollywood. Thus, Canadian actions should be judged relative to this political background; they are not acting with libertarian values in mind, as American techies may fantasize.

    link to this | view in thread ]

  6. identicon
    Anonymous Coward, 17 Dec 2004 @ 4:09pm

    Re: The real picture

    Worst troll ever.

    link to this | view in thread ]

  7. identicon
    dorpus, 17 Dec 2004 @ 5:52pm

    Re: The real picture

    Did you read Canadian newspapers when the CD tax was enacted? They talked about Uncle Ottawa coming to the dinner table, helping himself to servings, and letting out a big burp.

    Canada's provinces have their own "premiers", so they are run essentially like independent countries. Store shelves have quotas for what portion of products are supposed to come from what provinces, so the American products that sell better tend to empty out quick. If you missed the show, then you go on your big shopping trip south of the border to load up on light bulbs, toilet paper, toothpaste, clothes, and whatever else you need.

    link to this | view in thread ]

  8. identicon
    Anonymous Coward, 17 Dec 2004 @ 8:12pm

    Re: CD Tax

    Yes. That's the express, intended purpose for the CPCC levy. Notice that I'm paying the recording industry every time I backup my hard drive, however, and imagine my frustration as somebody affected by those fucking CRIA putzes.

    link to this | view in thread ]

  9. identicon
    thecaptain, 20 Dec 2004 @ 5:49am

    Re: The real picture

    "Store shelves have quotas for what portion of products are supposed to come from what provinces, so the American products that sell better tend to empty out quick. If you missed the show, then you go on your big shopping trip south of the border to load up on light bulbs, toilet paper, toothpaste, clothes, and whatever else you need."

    Now where oh WHERE did your active imagination get THAT ridiculous idea?

    link to this | view in thread ]

  10. identicon
    Mark Fox, 20 Dec 2004 @ 9:42am

    Re: The real picture

    Canada is a constitutional confederacy designed by American politicians from the South in the wake of the Civil War. The confederacy has a weak federal government that is desperate for tax revenues, so it will set up strange, unpopular taxes.
    This isn't correct. In Canada all powers not listed in the Constitution go to the federal government, which is the opposite of the US. As a result the provinces have to go to the federal government to get enough money to run their programs. As for Southern politicians setting up Canada I never heard of that - several conferences took place prior to the 1860's on setting up Canada.
    The digital media levy is a poorly designed payout to the Canadian music industry and nothing to due with government tax policy.

    link to this | view in thread ]


Follow Techdirt
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Discord

The latest chatter on the Techdirt Insider Discord channel...

Loading...
Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.