Business models / Private Copying Tax....

From: Russell McOrmond <russell _-at-_ flora.ca>
To: No DMCA in Canada <canada-dmca-opponents (at) flora.org>
Date: Tue, 9 Apr 2002 10:36:57 -0400 (EDT)

On Mon, 8 Apr 2002, Russell McOrmond wrote:

>   I am not happy with this either.  If SOCAN members are assumed to have 
> some 'right' to profit, even where no 'sale' is happening (IE: private 
> copying), then this could lead to extremely dangerous invasions of 
> privacy into the home.
> 
>   Will it be left as a choice to consumers (IE: that they can simply "opt
> out" of any product that adheres to this type of business model), or will
> it be forced on us by government?


  I was asked about this in a private email, so will clarify here.

  The "business model" I reference are those which suggests that private
copying or other forms of fair dealing should be considered criminal
and/or tariffed.  This appears to be the basis of many of the new 
so-called "digital" reforms.


  I am worried that ISP's and home users will get the same bad-deal that
distributors of blank media have.

  In the case of most collection societies you pay them a tariff for what
would otherwise be an infringement of copyright - it is a simplification
of the process of paying royalties.


  With the Private Copying tax there does not need to be any infringement.  
Even if I want to "opt out" and never use any of the repertoire of any
collection society, I still pay the tax.  I call it a tax rather than a
levy simply because it is unrelated in any meaningful way to what would
otherwise be infringement, and thus has nothing to do with a levy or
payment of justified royalties.


  With some of the discussions around TPM and RMI we have the same
assumption of guilt.  Rather than discussing enhancement of contract law
to include digitally transfered (and agreed to) opt-in contracts, these
laws seem to be based on a presumption of guilt of infringement and breach
of contract.  We don't even seem to be able to ensure that discussions of 
breach of contract are kept out of Copyright law where it simply doesn't 
belong.


  Even if I want to opt-out of any of the products in RIAA, MPAA or
similar organizations repertoire, it appears they want to inflict onto me
a legal structure aimed to protect their questionable business models.

---
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