Re: [d@DCC] Re: DVD "anti downloading" warning message

From: Russell McOrmond <russell _-at-_ flora.ca>
To: "General Copyright Discussions \(questions, organizing, etc\)" <discuss (at) list.digital-copyright.ca>
Date: Tue, 02 Aug 2005 13:26:47 -0400
References: <20050802130057.8018.fh039.wm@smtp.sc0.cp.net>

nashjc@canada.com wrote:

> Over the last weekend I rented a DVD movie. It commenced with a
> highly emotive "commercial" saying "downloading is illegal" and
> "downloading = stealing" and "it's against the law". Now the last one
> is not, to my understanding, correct in Canada. In fact, it could be
> misrepresentation of the law which I believe is an offence,
> especially from a large, well-lawyered corporation.

   This is one of many flaws of the private copying regime for recorded 
music: most people don't understand how it works.  This is 
understandable given how complicated it is, so anyone getting it wrong 
can be excused (well, almost anyone -- the CRIA rhetoric is pretty out 
there).

   The shortform answer is that unauthorized downloading is not legal, 
except for recorded music under very limited conditions (with those 
conditions being constantly up for debate and re-interpretation).

   Obviously authorized downloading is legal, and infringing copyright 
is nothing remotely like stealing.  The rhetoric of "theft is theft" of 
course goes both ways, with Bill C-60 being far closer to a type of 
"theft" (theft from the public domain, etc) than copyright infringement is.

   As to lawyers making false statements, you can get in line ;-).  It 
seems to be extremely common, although in this case it's politics and 
not law they were commenting on.  Lawyers are allowed to participate in 
politics as much as everyone else, we just all need to remember that 
their political views are no more credible than anyone elses (and 
sometimes less so given they as businesspersons represent a specific 
special economic interest).

-- 
  Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
  2066+ Canadians oppose Bill C-60 which protects antiquated Recording,
  Motion Picture and "software manufacturing" industries from change...
  http://KillBillC60.ca    Sign--> http://digital-copyright.ca/petition/
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