Downloading and VCRs

I sent the following to Matt Galloway at the CBC who had a music producer on his show Friday where they talked about "illegal downloading"

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I just want to pass on a comment to Matt Galloway regarding Friday's show and illegal music downloading.

In December 2003 the Copyright Board of Canada declared that private copying of music to your hard drive was in fact legal. The board and the Copyright Act are silent on what acceptable sources of that copy can be.

http://www.news.com/2100-1025_3-5121479.html

This decision was later upheld by the Federal Court of Canada

http://www.copycense.com/2004/04/oh_canada_p2p_s.html

The result of this is that, at worst, P2P downloading is a grey area of law. However, it is also entirely possible that a judge in the future might explicitly rule it to be legal.

It is interesting to compare the downloading of music to the use of a VCR for television recording. There actually is no exception in copyright law that makes the act of recording TV broadcasts legal. In Canada it is, in matter of fact, illegal, and as no levies are ever collected on VHS tapes, as is done with music, it is reasonable to argue that those who record their television shows are in fact greater law breakers than music downloaders.

http://www.michaelgeist.ca/content/view/2392/159/

Any person who uses a VCR in this manner and at the the same time criticizes music downloaders is arguably, a hypocrite.

Do you know if your Friday guest uses a VCR Matt?