"Private copying Tariff"

From: Jeff Dever <jsdever _-at-_ sympatico.ca>
To: canada-dmca-opponents (at) flora.ca
Date: Tue, 12 Mar 2002 11:39:02 -0500

Please read the "Private Copying Tariff"  located at:
http://www.cb-cda.gc.ca/tariffs/proposed/c09032002-b.pdf

I have to valid objectsions to this proposed tariff.  First of all, the
definition of "blank audio recording medium" on page 7 in the
definitions section is all emcompasing.  There is not sufficiently clear
distinction between audio media and data media where audio is a possible
data format.  The wording includes any medium that *could* be used to
store audio including:
   audio cassette,
   blank CDs,
   minidiscs,
   blank DVDs and
   removable memory cards and micro hard drives.
   non-removable memory and non-removable hard drives

The last two are the truely scary entries.  Devices that fall under
these categories include PDAs, cell phones and any embedded device that
contains memory or storage that can be used for audio.  This will impact
emerging markets (portable electronic devices) to the benefit to an
extablished market (music industry) and will detrement consumers.

The second major disagreement is with the sheer size of the levies.  In
section 3 page 7.  $2.27 for each DVD, in particular considering the
DVDs are most commonly used for data and video.  Rarely would a person
use DVD for pure audio in any format (raw, mp3, ogg ...).  $0.08 for
each megabyte ($8 per gigabyte) for removable flash memory or removeable
micro-hard drive with out any disdinction on how it is sold.
ALL REMOVALBE MICRO MEDIA IS COVERED UNDER THIS, including flash cards
for cameras, PS2 memory cards, EVERYTHING. $21 per gigabyte for each
non-removable media for devices which are intended to primarily play and
record music, without a clear definition of what that means (do PDAs
with mp3 software, an audio out jack and volume nob qualify?)

IANAL, but my feeling is that the best attact on this proposal is to
A) limit its scope and B) reduce the amounts.  The preamble clearly
outlines what the board cannot do.  It appears that they are obligated
to impose the levy but the two points above are in their power to
modify.

There is a call for comments and objections open untill May 8th and
there is a hearing on May 23 at the offices of the copywrong board.






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