Re: [d@DCC] Limitations of private copying

From: Damian Gerow <dgerow _-at-_ afflictions.org>
To: General Copyright Discussions <discuss (at) list.digital-copyright.ca>
Date: Sun, 20 Mar 2005 20:07:41 -0500
References: <423DD57B.1040701@shaw.ca> <1111349595.5010.7.camel@localhost.localdomain> <423DE9EF.4000809@shaw.ca>

</lurk>

<uninformed opinions>

Thus spake David Frey (dpfrey@shaw.ca) [20/03/05 21:09]:
: >>Another thing I don't understand is whether Person A is even allowed to 
: >>keep a copy of the CD they bought on their computer's hard drive since 
: >>computer hard drives (outside of digital audio recording devices) are 
: >>not covered by the levy.
: >>
: >
: >the levy may be applied to (full size) computer hard drives in the
: >future - CPCC certainly has made noises in this direction but there has
: >not been a ruling on it AFAIK
: 
: This is a bit disturbing, but I guess that's the nature of the CPCC.  It 
: seems a bit wacky to me that the rates are proposed by a group who has 
: no other interest besides extracting the largest amount of money 
: possible from the public.

I've not yet had time to review (nor have I heard official announcement of,
but I know it has been revealed) the new copyright laws that have been
drafted.  Personally, I'd *much* rather keep the levy on blank media and
retain some copying rights than adopt a more stringent anti-copying law.

Does it cost more?  Yes.  But it buys a whole boatload of freedoms.  Under
Canadian law, as I understand it, I can buy a CD, rip it, and transfer it to
my MP3 player.  Even if it's copy-protected.  And that's important.

I have zero problems paying a levy on blank media to help offset any losses
incurred due to piracy, presuming that the monies raised by the levy
actually go towards these artists.

: >This is currently a legal grey area - lots of discussion that it is the
: >fact that you can lend the original and the person who makes the copy
: >for their own use is doing so legally under the act no matter how they
: >came to get the original - typified by the court's ruling that
: >downloading and making copies is OK - the source of the music is not the
: >issue, only who is doing the copying. It is not distribution.
: 
: Something I forgot to ask was whether the act of lending the CD to 
: another person is in fact legal.  I suspect it is since I know that the 
: local Library lends CDs

This is something I'm curious about.

It could easily be argued that a library exists for distribution.  They hold
on to things for people to come and borrow.  So would not borrowing a CD
from the library and making a copy for yourself fall under the distribution
clause of the current laws?

</uninformed opinions>
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