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Proposed copyright law puts squeeze on downloads
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CTV.ca News Staff
Date: Thu. Jun. 12 2008 8:21 PM ET
The federal government tabled legislation on Thursday that it claims will see individuals fined a maximum of $500 if they are caught downloading copyrighted files.
However, industry experts say the figure is a smoke-screen and that the legislation sets the stage for fines that could reach the millions.
Industry Minister Jim Prentice tabled the proposed amendments to the Copyright Act in the House of Commons on Thursday.
The proposed amendments include:
- New exceptions that will allow Canadian consumers to legally record television shows for later viewing and copy legally acquired music onto other devices, such as iPods or cellphones
- An explicit ban on peer-to-peer file sharing
- New exceptions for some educational and research purposes
- New rights and protections for those who create content
Provisions to address the liability of Internet service providers and the role they should play in curbing copyright-infringing activities on their networks
The new legislation would also make it illegal to copy a CD or DVD if it involves breaking a so-called "digital lock" place on the material by a distributor.
Prentice said one of the motivations behind the amendments was to balance the rights of those who hold copyright with the needs of users accessing copyright works.
"This is a unique made-in-Canada approach to copyright reform," Prentice told reporters Thursday. "This is truly a win-win situation for Canadian consumers who use digital technology and for everyone who creates material that becomes digitally accessible."
Made-in-U.S. approach?
However, David Fewer, staff counsel at the Canadian Internet Policy and Public Interest Clinic, compared the amendments to a "wolf in sheep's clothing."
Fewer, speaking to CTV Newsnet on Friday, said the amendments are not "made in Canada" but are instead similar to legislation in the United States.
He said the legislation paves the way for the kind of file-sharing lawsuits that have occurred in the United States.
Fewer said the $500 maximum fine for downloading is not applicable to situations where a user makes their copyright files available for others to access.
"So if you have music or video in your shared folder you are subject to the ordinary rules of statutory damages -- which is $500 to $20,000 per work -- that could be millions of dollars worth of damages," he said.
The $500 fine limit could also be increased depending on how many people hold copyrights to the illegally shared document, said copyright lawyer Howard Knopf.
For example, each song generally contains three copyrights -- for the music, the sound recording and the performance -- allowing for fines of $1,500 per song in those cases.
"If you've got 1,000 or 2,000 songs, it could be hundreds of thousands of copyrights," he said Thursday on CTV's Mike Duffy Live. "I'm not sure the $500 limit is going to help anyone... There are a lot of things in the bill they aren't what they seem to be."
Musician Safwan Javed echoed these sentiments, saying the bill seems to designed to favour corporations such as record labels above the creators of the content.
"Look at the example south of the border, which this legislation essentially mimics," said Javed, the drummer from the band Wide Mouth Mason and a law student. "It's been a strategy of suing fans. We don't believe this benefits musicians in any way. We believe it benefits the corporate stakeholders."
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If there weren't so many people who hide their faces when committing violent acts then we wouldn't need a law forbidding masks. Unfortunately this is our society now. No one can hide their faces... we aren't special over here, violence has arrived and it is here to stay. Let's not kid ourselves. Violence just escalates to new levels. We've let this "hiding the faces" scenario go on far too long.
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Doug
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Theft - My friend comes over and takes my hammer.
Sharing: I lend my hammer to a friend so he can put up a picture in his living room. (Thank god there are no rules that he has to pay Sears $0.99....yet)
Theft: My friend comes over and takes one of my books.
Sharing: I tell my friend a good story.
Sharing: I give my friend some 000110101010.
Theft: My friend comes over and takes my IPod!
Does that help?
Jeff
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Stop filling this board with bad information. Take a deep breath and read the article.
That's the problem with the internet. People are all given an equal voice, whether you read the article or not, whether you're qualified to give an opinion or not. Maybe you should have to take a quiz on an article before you can post. It would prevent people from polluting discussion boards with ignorance and misinformation.
dwight c
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Brett (Vancouver)
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All dvd backup software circumvents the DRM on dvd's. If you child scratches the original, you will have to go out and buy a new one.
Also, this Bill allows for private companies to force ISP's to hand over your account info and even monitor your use of the internet.
I'm a staunch Conservative supporter and have been in touch with Jim Prentice, urging him not to follow US style copyright.
I am now without a party I can support.
Mr Chillz
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Rat me out and you'll lose my business.
Jim Lad
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They have held artists and consumers hostage for the whole of the twentieth century but have seriously dropped the ball with the onset of the Internet, independent artists and the booming, home recording industry.
I am one independent artist who is more than happy to see these giants fall but saddened by the absence of any artist advocates when it comes to this kind of legislation.
We are by our very nature, individual artists with no facility to address the government.
I have no problem with anyone downloading my work but willingly pay for the work of others. Such as music, software etc.
My page offers a choice; Pay for the music or download it for free.
You'd be surprised at the results.
Not too often that I've been dissapointed with this government but in this case I have to say "You just don't get it"!
Here http://jimbrannigan.com/ help yourselves.
Daniel H
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Rafal Dyrda
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Ladies and Gentlemen. This is another way for the government to make more money of possible money that the artist, lawyer etc make off this. These parties pay taxes, taxes that go to the government, so yes, it does benefit the government. You can't win, simple as that! This is become a POLICE country. Pretty soon you'll need permission to buy an iPod. Communism at its finest. CASE CLOSED, $500 dollars, $50 to the government.
Louise
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Stig X
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From http://www.michaelgeist.ca/
As expected, Prentice has provided a series of attention-grabbing provisions to consumers including time shifting, private copying of music (transferring a song to your iPod), and format shifting (changing format from analog to digital). These are good provisions that did not exist in the delayed December bill. However, check the fine print since the rules are subject to a host of strict limitations and, more importantly, undermined by the digital lock provisions. The effect of the digital lock provisions is to render these rights virtually meaningless in the digital environment because anything that is locked down (ie. copy-controlled CD, no-copy mandate on a digital television broadcast) cannot be copied. As for every day activities like transferring a DVD to your iPod - those are infringing too. Indeed, the law makes it an infringement to circumvent the locks for these purposes.
Brian from Edmonton
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You all abviously have internet connections, so use your e-mail capabilities and e-mail your MP and Jim Prentice with your concerns. That would be much more effective than this comment section (unless you do both, as I do)
Matt
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If it wasn't for free downloading, I wouldn't have discovered half the bands I know and I wouldn't have shelled out 50-100 bucks to go their concerts.
At one concert, the artist told everyone in the audience to go home and download their new song. They got a guy in the front row to record them performing it and then made him promise to upload it on the internet when he got home.
There is more to free downloading than "stealing". Our local radio station has a free download on their website to a new song. The artist wanted an easy way to be discovered by more people. So will the artist be fined? The radio station? How does that work?
Good luck trying to enforce this on millions of people.
Guy
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JJ
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cheers
JJ
Marc
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I have work for emails and surfing can be done on my lunch.
J
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What a joke...the Feds have NO clue what's what!!!
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greg cambridge
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Prince
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"The new legislation would also make it illegal to copy a CD or DVD if it involves breaking a so-called "digital lock" place on the material by a distributor."
Jaynee64
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MP3
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What happens when this law comes into play - what happens when they catch you in posession of music you downloaded last year when it was not illegal to down load?
Do we all have to pile our downloaded CD's in the streets and set them on fire to apease the mighty record coke snortin gods?
Chris
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Mike Webster
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Karen
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It says that it will make it "LEGAL" for us to copy products we own to our ipods, comps, etc.
Thank you for this!
Madashell
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Brian from Edmonton
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According to Wikipedia, their front man claims that release earned more money than all their previous albums combined. Then they released it on CD and made more millions.
That should tell the Recording labels and marketers something about the way of the future.
Also, most artists (the good ones, anyway) make most of their money on concerts and the peripherals i.e. tee shirts, posters, etc.
Richard
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Logan
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Jojo
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Not the artist, you can guarantee that!
Sales of MP3 players will go out the window. iphone now coming to Canada is screwed.
FreakAlert
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Cameron
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I guess you are spending so much time ripping CD's you didn't read the article. This will change the law so it is legal for you to use MP3's. Under the old law it was illegal and nobody enforced it. As for the rest of you stop feeling sorry for yourself now that you cannot steal music online.
Jack
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Why are they trying to bring in more regulations?
ken
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This is a huge scam to put money in the pockets of record companies.
And a question! if this legislation is to protect artists, then why is it that artists are not the ones bringing suit.
Chris
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Jack
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If I clone something, I am not stealing. I am not profiting from it. Who does this hurt? If I had no intent to purchase in the first place who am I hurting?
Norm
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Tommy Chase
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Throw them out. Throw them out. THROW THEM OUT
Steve
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Chris Hanlon
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It then amends that by stating that you can't tamper with any digital locks on that media.
One cancels out the other. If I have a right to make backups, or copies for other devices, then I have that right. Turning around and voiding that right by allowing the manufacturer to remove that right by adding copy protection to that media is ludicrous.
It is currently legal to make a backup copy of copyright material in Canada. That is being codified in this new bill. It should *also* abolish digital locks on that media. Or at the very least, require that those locks be created in such a way that they allow us to exercise our legal right to 1 copy per device.
Alex
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Jay
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proposed amendments include:
* new exceptions that will allow Canadian consumers to legally record television shows for later viewing and copy legally acquired music onto other devices, such as iPods or cellphones;
If you're going to comment at least take the time to know what you are commenting on.
FreakAlert
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Shaking my head !
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I don't really download tunes or movies.....I have a couple of thousand cd's and about a thousand Vinyl LP's
In order to prevent wear and tear on my vinyl albums, mainly Jazz and Classical I have copied same to cd's and play them....are you now telling me I have committed an offence and can be fined ?
Or how about my young son, who purchases tunes from a Russian site that only charges 10-12cents a tune....he claims this is legal and prefers it to the old way of downloading free stuff that often was not what was advertised or was full of viruses and trojans.
Should we both get a lawyer and surrender to Police now !
guppies
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And the money go to who ?
By the way, I would like to know where that extra tax money goes when we purchase blank CD for protect copy right ?
Humm ! look's like go to lunch money for them.
Kerri
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They are making a lot of money!
PrimeNumbers
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This bit, that Prentice says, is a lie: "new exceptions that will allow Canadian consumers to legally record television shows for later viewing and copy legally acquired music onto other devices, such as iPods or cellphones"
These "exceptions" are bogus because of DRM - that's the stuff that Sony did with their rootkit fiasco that crippled people's computers. None of these exceptions have any meaning because now, removing DRM is illegal.
Say this had been law a year ago, and you'd got hit with Sony's DRM rootkit. It would have been illegal for you to remove that hacker back door from your own computer. Think about it. This isn't balance, it's ludicrous.
Anyone who talks about musicians loosing money from downloads is missing the point. This is a bad law, it won't help musicians earn a single extra cent.
And remember, you pay 23c on each blank CD bought to musicians for the right to copy music you've bought on to it. That's a rippoff as most people use CDs for backing up their photos that they took, or their files, databases, spreadsheets etc.
Backing up your legally purchased DVD so your kids don't scratch it - now illegal. Hell, that doesn't harm anyone! Unlocking your mobile phone. Yup, you're now a criminal.
Mandy
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Pam from Ingersoll
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guppies
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For sure it will cut down the number of people trying to download a illegal song trying to save them $ .90 cent.
Lee Szigety
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Form will always follow function.
How are they going to get access to someone's home without a warrant and probable cause? High levels of data streaming are not considered to be probable cause.
How are they going to collect information to present to a judge for a warrant without first interrupting a closed data stream that is purely within the contract rights between the internet provider and the consumer?
This legislation is part of a greater attack on information distribution systems, and has little to nothing to do with copyright infringements.
Hanging around enough electrical engineers, database compilers, programmers, internet security specialists, and web designers; it tells me two things...1) that the government is at least 10 years behind the technology used for sharing...and 2) that the supposed limitations of excess internet usage on other consumers is a fraud.
Governing bodies everywhere that are intent upon finishing their designs for the Single World Government, along with the creations prior to that of the EU, NAU, APU, and AU are intent upon total control within the closed clique of those creating such a single world governing infrastructure.
Information is nothing without the ability to freely disseminate it between peers. The powers that be know this and are giving the illusion that technology is either clogged or can go no further without massive restructuring of infrastructure...which will in turn give them and their conglomerate control junkies the ability to manifest their own grids of information control through lobbying for anti-consumer legislation such as this.
Wake up people...and oppose the North American Union put in place with the authority illegally obtained by the Security and Prosperity Partnership.
Get Real !
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The answer is simple....Microsoft and the companies like LG and Samsung that manufacture these items would tie them up in knots for years in court costing them millions in litigation and appeals....
Much easier to go after the twelve year old burning a copy of the latest Avril CD she borroowed of her girlfriend !
BBL
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This practice can be equated to "squatters rights".Would these protesters be willing to have someone walk into their home just because it and occupy it for free . Wake-up and pay your share
Stephanie
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Sky
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You can record a tv show and put it on whatever medium you want(pvr, dvd, vhs). But you can't record music from the Radio and put it on whatever medium you want.
and....
You can take music you purchased, and put it on any medium (cd, computer, tape, ipod/mp3 player) But you can not take a Tv show or Movie you purchased on Dvd, and put it on your computer or Ipod.
How fair is that?
guppies
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Trying to find ways to waste our tax $.
Illegal download is world wide issue. And they think %500.00 with fix it.
And we are paiding 18 - 30% more for the same item selling down south.
So who protect us for paid higher pricing ?
Addison
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Did none of you actually read the article:
"new exceptions that will allow Canadian consumers to. . . copy legally acquired music onto other devices, such as iPods or cellphones"
I fail to understand what your complaint could be. The new law CLEARLY makes provisions to allow you to essentially do whatever you like with media so long as you've paid for it.
Don
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People!!! the paragraph above is right from the article. In the case of a "digital lock" you will not be allowed to copy your legally purchased CD or DVD if it has this. All DVDs and many CDs have these locks so you can not legally backup something that you have paid for.
Ed
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Andy
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Shawn
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It's only a matter of time for the younger generation to undo these laws. A law isn't a law if the majority of people don't agree.
goodbourgeois
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In effect, even if this makes it to law, we the people have demonstrated our opposition by action. Perhaps if prices ran down, instead of up, as we are getting better duplication technologies, we consumers would feel more inclined to pay.
Wendy
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Logan------- What planet are you from? How many businesses do you support where the person (s) profiting from your business drink or do drugs? You comments are just out of this world and to say something like that, I have to wonder what drugs you are on.
90% of you seem to think that your lives are going to drastically change because of this. Do you really think that they are going to know if you taped a TV show to watch at a later date. Do you have video hook-up in your homes that are linked to the copyright police.
Give your heads a shake. Most of you are not seeing this for what it is. COPYRIGHT INFRINGEMENT. All it means now is that you had better not get caught on filesharing websites.
The issue today is technology. The widespread availability of being able to share music, videos and whatever online has become an issue.
For us older folk, think back to cassette tape days. Was there ever an issue in recording an album from vinyl onto tape and passing that around with our friends? Of course not! No one knew except us. Now with the internet and file sharing, it is an issue.
Max
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Dave
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Since we're now going to take the US approach (they're in love with the litigation approach), I demand that the surcharge on CD's and the proposed levy on MP3 players and external hard-drives be scrapped immediately. This money ALSO goes to the "artists" in compensation, as there has long been view that if you're buying blank media you're going to be downloading copyrighted work.
They shouldn't be able to have it both ways - levys from EVERYONE who buys blank media, and litigation from those who download illegally.
Justin
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Brandon
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Guppies
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Don't we already paid extra charge for purchase blank CD for protect copyright issue ? And where the money goes to ?
Illegal download is a major problem world wide. They think 500$ fine will fix the problem and scary people away.
We should pass a law to make sure the Fed. don't waste our tax $.
And if they do fine them.
Chris
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bryguy76
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If this becomes law, will the tax go away?
Somehow, I doubt it...
Mike W
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I paid for cable so that anyone could watch it in the living room, but I prefer to have it in a window on my desktop while I work. Will they consider *that* illegal?
Mike
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Skyler
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Ron Speakman
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Ian
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This is worse than the American DMCA. Format shifting, time shifting - all these things sound great but the copyright holders can shut it all down. You're even a criminal if you unlock a cell phone! This is NOT fair for Canadians.
Not Alone
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Below is my source for citation.
www.musiclaw.info/contractbasics.html
But I like to share!!!
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If I really like an artist, I'll spend the money on their album. Maybe the record industry should focus on producing quality instead of quantity!!!
And, would it be illegal to record from the radio?
David
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The caps on downloading fines are a smokescreen for the actual meat of this bill which makes something like unlocking a cell phone illegal and extends certain copywrites.
Sid
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Control the internal affairs and then the businesses rather than consumers.
Canadians are the kindest in the world to bear CONSUMER ABUSE even when the dollar is at parity.
Canadians are patient even when we watch the Tories say that Consumers should hunt for bargains themselves while they do the leg work for Corporations.
Why not fine Businesses when they still have not come to parity after 8 months?
Why fine downloaders? We are simply looking for the best value we can find.
I do not support the proposed law because I still see no Canadian Consumer benifits.
Larry
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Marc
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Pirates have a better product then the billion dollar industry. Until this is resolved I will not buy a DVD or CD or any of the drm crap.
A. Conda
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Hackers will always find a way around this one!
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PJ
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Downloading gives you the option to get only what you like from any artist.
They whine about piracy yet don't care they rip us off so they can drink their faces off and smoke their dope and carry on like they are special people!
Keith
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"new exceptions that WILL ALLOW Canadian consumers to legally record television shows for later viewing and copy legally acquired music onto other devices, such as iPods or cellphones" (emphasis added).
How so many of you misread this as WON'T ALLOW boggles the mind.
I am concerned about another aspect of this, though:
"The new legislation would also make it illegal to copy a CD or DVD if it involves breaking a so-called "digital lock" place on the material by a distributor."
This seems to give distributors the right to prevent my making otherwise-legal copies of legally purchased goods for my own use. I hope it ALSO forces the sellers to CLEARLY & PROMINENTLY LABEL products with such locks, as I will want to avoid buying them.
Enraged
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boomer
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Mike Webster
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Jay
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Jeff
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10101010101000001000100010
To my IPOD from a CD then I can be fined up to $500??
When is the government going to stop protecting greedy corporations and start acting in the consumers best interest. This Bill first defends the corporations and then the artist. I would be all for a bill that helps the artist (oh wait we have that already). The idea of copyright is dying in the information age. We should be forcing these corporations to change to meet the needs of the consumer not the other way around.
Save the Dinosaurs
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Change seems to have made it impossible for GM to sell enough trucks. Maybe we should make those gas sipping cars illegal? That would preserve jobs and profits. Aren't these gas pinching cars actually steeling profits from industry?
Tom
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When you record TV shows in any electronic format this is not considered piracy.
When you record TV shows on your computer because you have a TV card, this is not considered piracy.
When you record streaming music from the net, this is not considered piracy.
For the last decade, Canadians have paid a levy / surcharge on all blank media that the Liberal government was *supposed* to pay film and music artists. Instead the monies have gone into general coffers to be used for everything else but paying royalties.
The prices of factory CDs and DVDs was supposed to fall in price but hasn't, and yet most of the royalties don't to the artists.
Borrowing books, cassettes, CD, DVD, audio books and other things from libraries, schools, friends and family isn't piracy even though the items are being read, listened to and used by more than one person, so this isn't considered piracy.
The Liberals have said that file sharing is not illegal, it is solely sharing files - data. And the public having paid royalties in advance on all blank record media, MP3 players and so on are not engaging in piracy because the royalties on music and movies, etc have been paid therefore there IS NO PIRACY.
We live in an age where we can download and copy whatever from wherever - and file-sharing will continue because the internet is constructed in such a way as to promote the sharing of information from computer to computer.
This piece of legislation is too vague and faulty to be of any use. I can foresee a lot of Court challenges in the future.
Andy
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You are the one that's confused. When you buy a CD, you own the CD not the music. That music is the intellectual property of the artist, which is why other artist or radio station must pay royalties to use it
Capitalism is killing us
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I can't remember the last time I bought a cd - I've been downloading off limewire for years, and I don't feel a bit of guilt about it. Is it about the music or the money? Is it about exposure, which certainly helps with tours, or principles? I spend my money on concerts, and that's it. People who can't afford to buy music can't enjoy it - there's no place for class politics in the arts. Shame on these greedy artists, and their state and corporate benefactors - they won't get a dime from me and I will be on downloading overdrive until this legislation is passed. Finally, if I actually purchase music, I'll share it with whomever I like via sites like limewire and I'll continue to burn cds, so proponents of this legislation can stick it!
Dean
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Canadian Interest
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jeff from edmonton
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Cambob
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Ian
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Talk about extortion! It will not take long at all for the record companies and their armies of high-priced lawyers to start threatening Canadians with that club! Imagine: share ten files on your computer that are legally worth 99 cents each, and you can be sued for a whopping two hundred grand!
A horrible piece of legislation, and you can bet the next time a Conservative fundraiser calls me on the phone, I'm telling him/her so!
Bart F.
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The alternative is this legislation which may make habitual and large volume copyright violators nervous.
Pick your poison.
Randy
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Jason
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I personally do not purchase, download or listen to any artist that is represented by any label who is a member of the RIAA. Through their ham fisted protectionist policies and idiotic positions they have lost me as a customer.
There are a lot of artists out there not represented by the RIAA and I choose to spend my dollars on them not some corporate juggernaught. Any artist who makes the decision to have themselves represented in that way has lost me as a fan.
Matt
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Shawn T
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The free ride is over pirates! Support the artist by paying to enjoy their music.
Phil
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A fight between two obsessive compulsive disorders!!
Both music and money are living our their last days of being truly useful.
Kieran
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And perhaps we should target some legislation at the oligopoly of cable providers in this country. And perhaps the CRTC should start acting in favour of Canadians instead of following a vision of benign neglect...
Sean B
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"Obey your leaders and submit to their authority. They keep watch over you as men who must give an account. Obey them so that their work will be a joy, not a burden, for that would be of no advantage to you." Heb 13:7
hawkbill
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We should all be concerned.
Rick from Alberta nailed it and Alex D from Montreal.
The government should be listening to the musicians not the corporations.
Jermz
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nonamebrand
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Because if you download a CD to your computer you can potentially share it. In case you don't know, your computer is also a regular CD player, so you can just play it on the computer without downloading it.
Mamad
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Heath, Moncton, NB
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I don't download music or movies online, but I DO download TV shows all the time. Way I figure it, if I'm paying for a cable subscription then I should be able to download the shows without repercussion. I do this frequently when a show airs in HD in the US but not in Canada so that I can get a better picture on my plasma TV.
In my view, there's nothing wrong with downloading TV shows if I'm already paying. Agreed?
eddytoronto
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The arrival of the new iPhone 3G what you are not told is everything you say and every place visited ,pictures you take will be watched .Ive been informed that they can also see and hear you even when its turned off. Thats why cam is placed ontop of the phone and they price is intenionally made low for everyone to have.
Crystal from Toronto
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musicpro
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Jay
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They can't just ask Bell to hand over records of bandwith usage. The police need probable cause to ask for records.
I'm wondering what rights of the consumer they plan to infringe when it comes down to collecting their data.
Who's to say that I'm not legally downloading something other than music and movies.
Sounds like a huge grey area that needs to be sorted out.
Mamad
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brenda
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I am concerned with the usage of ISP's policing the net. This is a direct infringement on my privacy!
A $500.00 fine is nothing to get excited about, it only makes the lawyers get fatter, if anyone even takes the trouble to try to enforce this.
No one has mentioned that prior to this, private, personal use downloading of music was legal under fair use, so how is this better for consumers?
parker armstrong
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Outraged!
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Darren
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readthearticle
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new exceptions that will allow Canadian consumers to legally record television shows for later viewing and copy legally acquired music onto other devices, such as iPods or cellphones;
new exceptions for some educational and research purposes;
new rights and protections for those who create content;
provisions to address the liability of Internet service providers and the role they should play in curbing copyright-infringing activities on their networks.
Bad for Canadians.
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This proposed law will not stop downloading or file sharing.
This proposal is designed to maintain the pocket books of record companies and their execs.
Artists who create popular works will never suffer, free music or not.
Greg
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Craig in Ottawa
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Mario
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Jason
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I wonder which tory has downloaded or one of there kids have downloaded with out paying???
Steve V
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Makinaw Dandy
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Nick
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I agree to the extent that if a person is downloading music, burning that music to a CD and SELLING that CD for profit, he is making money on other people's work - Which is wrong.
To the people who say downloads should be illegal though. Have you ever done anything that somebody might think is wrong? Ever record a TV show, or a televised movie? Ever photocopy copyrighted material without the publisher's consent? Ever lend a movie, or CD to a friend? I think you get the hint. P2P is just that - photocopying.
So before running your mouth next time, stop and think about things that you may have done in the past that somebody else might find inappropriate.
Lastly, to the government. Is there anything better that you can waste our tax dollars on?
Robin The Hood
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John A
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Second. The music industry sank when small developers started to release software that could rip music from a CD. Government did nothing and probably couldn't. Now you see retail software packages offering the option to rip CDs.
Third. The music business tried to release music on CDs that weren't standard [Sony/BMG tried this]. But those same software developers found ways around it.
Forth. The musicians may not be getting the big bucks on selling their albums anymore. Instead, they've jacked up ticket prices. Artists like Van Halen, Madonna and The Police have raked in over $100 million on recent tours. Even artists genres who didn't tour much [rappers as example] are touring more and more as they see that's where they can make money - selling tickets and overpriced merchandise.
[I'm heading off to see Rush in Montreal tonight. $90 for a premium ticket is still a cheaper ticket.]
KMD
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Justin
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Well Liberals, here's your chance to make a stand and put yourselves back on the political map. Quit pointing fingers and actually do something for once!
Don't get me wrong, I think download laws are needed, but such a blanket policy leaves way to many loop holes open and the poor 16 and 17 year old kids mothers are going to get slapped with thousands of dollars in fines over a few songs they most likely had no idea their kids were downloading in the first place.
You see all those poor folks in the US who are getting sued over ilegal downloading and it just makes me sick. To think that that will be us in a few years leaves a bitter taste in my mouth. We're Canadian, we're better then that, surely there must be better a way to handle the situation?
JR
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Warren
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You cannot steal potential revenue. People downloading music are infringing on copyrights, not stealing. No one is deprived of anything when a file is downloaded because there is no guarentee that the downloader would have payed for the data in the first place under different circumstances.
PBW
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OK, let's apply that reasoning to every product; on that basis, I can pay for one potato at the supermarket and get god knows how many more for free. Or buy one 2x4 for house repairs (I have to do it myself, because the lack of royalties prevents me hiring an i-pod wielding carpenter) and get the rest for free.
In spite of what pirate downloaders think, it is EXACTLY the same thing. Maybe if the law is passed, I will get more royalties - though I doubt it.
Mark5
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CJ
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Downey
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Rob
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http://www.ic.gc.ca/epic/site/crp-prda.nsf/en/home
Freddy's Friend
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Phil
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Bill from America
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Kevin Aubie
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Why is it that they feel they need this law to "come into compliance with WIPO treaties", yet they are unconcerned about honouring Kyoto, which regardless of how you feel about it, is also an internationally binding agreement Canada signed on to?
That's the great part about being conservative I guess, just pick and choose which international agreements you wish to honour.
Write your MP
bunny
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Graham
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Database builder and XML familiar
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eddytoronto
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Make no mistake, the internet, one of the greatest outposts of free speech ever created is under constant attack by powerful people who cannot operate within a society where information flows freely and unhindered. Both American and European moves mimic stories we hear every week out of state controlled Communist China, where the internet is strictly regulated and virtually exists as its own entity away from the rest of the web.
The Internet is freedom's best friend and the bane of control freaks. Its eradication is one of the short term goals of those that seek to centralize power and subjugate their populations under tyranny by eliminating the right to protest and educate others by the forum of the free world wide web.
------------------------------------
Nick T
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think of something
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It's my CD, if I bought it and I want to share it with 20,000 people, that's my business. Who is to say that is theft. If you want to make money, change your business plan. Tour more, sell more t-shirts, put something in the CD case that people want... I don't know think of something. I do know that accusing your customer base of being thieves is not the way to go.
This whole idea that the government can fix this with legislation is ridiculous. Businesses need to adapt or die. It is a business cycle, let it happen. Eventually someone will come up with an idea, but regulation only works on the people who are already buying the CDs -like myself.
I think you need to figure out what socialist means, my friend.
Craig
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Zach
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File-sharing is not theft, as many have pointed here already. It will never be theft, and saying that downloading music for free is akin to stealing a CD from a store is disingenuous and contributes nothing to the debate. If you don't bother to enlighten yourself as to what the legislation actually entails, don't debate.
Jaid
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Money talks, you strike the source, not the consumer. Another way of "passing the charges" to the consumer
Erik
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This is my little bonus in life. Although I am elite when it comes to my d/l techniques ;) unlike most of you... well we call you people "normies?"
Mel Blake
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Papagrypgon
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Show me the justice in regulating tyhis .
knox
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Tell the artists to make good music for a change and stop caring about money so much greedy pigs.
This is why i go to concerts most of that money collected goes to the band.
LEN
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Danny
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Lucie
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Lynn
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Mark
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It's quite obvious Mr. Prentice knows that this bill isn't in the best interest of the Canadian people, otherwise the bill wouldn't have been developed under a veil of secrecy with no public consultation.
Victor Temchenko
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Artists deserve more money! Not the companies that steal from them.
If i spend money on a cell phone, i want it ILLEGAL to lock it...
IF I spend money on a CD/DVD i either own the right to listen to it or own the CD to see fit what i want...
I WANT A CHANNEL EXPRESS MY CONCERNS AND PROTECT MY RIGHTS!
Jim in Edmonton
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Teaching our children that "sharing" something that doesn't belong to us or that we haven't paid for is still theft. I can imagine taking food off my neighbor's barbeque, "sharing" it with my kids and not thinking it is theft ... what would my neighbor think? The key to the problem to those of you who don't think it is theft is the general society attitude today or something for nothing. If you really believe this, open your home and invite strangers to help themselves, afterall they are only sharing what you own? How would you feel about that?
Richard
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That being said, the music industry is in the terrible condition that it is in, not because of downloading, but because of people collectively realizing that the industry (the labels, the executives) is outmoded, stale, and exceedingly greedy. It has been a spectacle to see the music industry suing, for tens of thousands of dollars, teenagers who are excited and eager to hear their favourite artists. That is a great way to treat your customers, actual, potential, and future. Recall that, just a couple years ago, the music industry was so terrified of downloading and so desperate to get the cash flowing again that it briefly lowered the price of CD's back to $10-$12, from $16-$20. Only a couple years later, they have once again risen so that the average price on a 10-cent piece of plastic is back over $15.
When you compare the manufactured musical products of the world, who are utterly dependent on the music industry for their survival, and actual artists like Trent Reznor, the difference is astounding. Nine Inch Nails has been around for nearly 20 years, shackled to a horrible record deal that compelled completist fans to buy multiple versions of a single; almost immediately upon becoming a free agent, he was releasing his music to the world digitally for (in one case) a very low price or (in the other) free. Which side of that coin is going to have great longevity and have more appreciative fans? The side which embraces technology, or the side that sues fans who have?
Buddy kat
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This is an made in USA copyright policy that stimeys Canadians from doing the same to them, hence giving a competitor in one of those countries an unfair advantage.
Typical conservative behaviour...bending over to US pressure..especially now that the US is desperation.
Sly
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They say from one side of their mouths that with the ongoing wireless spectrum auction is to bring MUCH NEEDED competition in the wireless market, BUT...
- you can't unlock your cell phone in order to move to a more reasonably priced competitor
Oh, and please tell me WHEN we are replacing the maple leaf from our flag and putting stripes and stars on it???
Morons,
NEVER would these idiots get a vote from me.
Never voted NDP, but Jack, for some extremely weird reason is starting to look like the one who stands to gain a lot in the next election. Both the Liberals and Conservatives have shown us all they are capable to do: corruption, pot-de-vin, Americanism, scandals, make the rich richer and the poor poorer.
Guess it's time I give a chance to someone who's never had the chance; to put their money where their mouth is!
rob
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if they think that the sales of cds will increase they are dreaming. they already have their MILLIONS and MILLIONS of dollars with the OVERPRICING of gas and everything else you buy it is impossible we're the ones who are suffering and were the ones who know what work is!!!!
dave
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I've read all the comments. Clearly, a lot of folks think this bill is simply about toughening up the copyright laws to prevent illegal downloading. That's part of it, but far more disturbing is the portions of the new bill which will restrict the way you can use legally purchased music.
As someone who has spent far more money on legal music purchases ( since the 1960's ) than the average person, this bill simply makes me want to dig in my heels....and purchase no more music OR video.
I can express my disatisfaction quite easily, with my wallet.
Ted
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While I do believe that artists should be fairly compensated for the work that many of us enjoy, they are not the ones who stand to directly benefit from this proposed law. The levy on blank media was a cash grab IMO, as consumers buying small amounts of blanks were penalized for doing so, instead of going after those duplicators who ordered blanks by the thousands. As a musician I resent the tax grab on my own efforts to distribute my own music.
The music industry is its own worst enemy.
Mike Webster
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Andy
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You have it backward, they are not bashing the consumer, rather they are trying to make you into a consumer instead of a thief.
heintzy
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mia
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its all about the money....isnt it enough that everything is so expensive already, why are you taking the only free things that we can get. its not like we have watch or listen to it before it came out in the cinema or the music store, you capitalistic people have made money out of it already!
fed up
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DM
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Zac
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And they are only 'expected' to allow for you to use a VCR/DVR to be able to watch your shows after the fact... no commitment, just a vapor promise so far.
Andy
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we need fewer David Fewers
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Musician and Song Writer
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Ivo
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That being said, can we truly believe that MP3s are killing artists? I doubt that. Quite frankly, most people I know wouldn't pay for the music they download, so keeping them from downloading simply means that the spread of the artists' fame will slow down. On the other hand, music that people consider worth paying for, they pay for, regardless of the availability of MP3s.
Furthermore, making a digital copy of a file, is not comparable to theft. If you steal a car, that can no longer be driven by it's owner. If you download an MP3, the original copy isn't destroyed.
All file-sharing is is free advertising and exponential fame growth for artists.
All acts aiming to ban private file sharing (excluding illegal mass replication, retail and profiteering) are acts of pure corporate greed.
The cultural development is due in large part to the easy access to intellectual material. Music broadens people's understanding of their world and society and generally helps increase the social consciousness of society. That being said, the first and foremost effect of restricting access to music is that the impressive broadening in people's culture we've witnessed in the last decade is likely to slow down.
Finally, addressing the issue of cell phones and unlocking them to use with a different carrier. Seriously, if I buy a phone I like and pay retail price, what makes it logical, or even legal to obligate me to use it with a specific provider? What's next if you buy a Honda, it will be illegal to have it serviced at a garage owned by anyone but Honda? This is getting ridiculous. In my experience, people who are interested in unlocking a phone for use with another provider are people with specific expectations, who know how to get unbranded phones should they need them, which implies that this law is most likely to make them simply spend their money elsewhere (notably overseas where unbranded phones are easy to come by). On the other hand, people who wouldn't go through the trouble of seeking out an unbranded phone are people who probably wouldn't care about what kind of phone it is in the first place.
The bottom line is that corporations continue to follow an economic model which dictates that each year's net profit must surpass the previous year's. And we've reached a point where to keep that up, companies need to grow faster than their "food supply"... people aren't becoming richer fast enough to sustain corporate greed. That's the bottom line.
Jason Daniel Baker
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I do not care which kind of government of whatever partisan stripe introduces it. I support this kind of legislation.
It is difficult for artists to make a living these days due to illegal downloading etc.
Henry
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Jonathan Abrams
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To get more informed about the history and implications of copyright, read Lawrence Lessig's famous (and free) book "Free Culture".
Patrick in Ottawa
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I think this law is great."
We don't compare ourselves to you, we just don't want to become you or have your gov't come into our country and make rules.
Inversity
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Only a concerted global plan, by all countries, with input from artists (including writers and musicians), industry, and consumer representatives will eventually work out a plan that is far more just, on a global scale, and the sooner this is done, the better for both artists and consumers, Canadian or foreign.
Shoe
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Nick, Ottawa
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Artists should be compensated for their work. However, at 12.99$ a pop, I'm expecting much more than just 10 songs. Artists need to develop a new way to market themselves and offer the consumer something that they cannot get by downloading songs online. Extra content DVD's, inserts with photographs or poetry, etc is where this industry needs to go. However, since governments are much obliged to bring in laws that protect their right to NOT adapt to the times, we won't be seeing that. I for one do not agree with this law, and don't care much for my tax dollars being wasted in courts for some ridiculous fines.
Artists: Come up with something NEW, UNIQUE and FRESH and I will be more than happy to pay 12.99-15.99-20.99 for your product. Get with the times.
Scott
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But government's miss the point about a lot of things. Usually, downloading is a precursor to a person going to buy an album to support that artist. Consider downloading like a sample at a grocery store; it helps you decide whether you want to pay for more.
ThunderBay is on lifesupport
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Its time their business was corrected, and time is the great equalizer. Technology has allowed this market to self-correct.
not to mention, we need less laws, not more!
These maroons just keep coming up with proposed laws to make their self-importants lives mean something.
Michael vdB
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Jamie
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The Bet
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LS
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fleamarketcreep.com/ep
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Not that it justifies it, but these big labels screw the artists out of their hard earned money. It's somewhat of a poetic justice that the shoe is on the other foot. A band who makes the industry millions can still be in debt to their label. In what other industry does math work that way?
jprlk
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one last example. when the automobile was invented and began its mass production, what if the government had tailored a similar piece of legislation to the makers of horse whips? technology will win every time. i guess i'm saying that they can pass this legislation and others like it, but it won't matter. the musicians will continue to (try to) give their music away for free and the record labels will continue to (try to) get legislation to support them financially, and people will continue to record music off the radio with their cassette tapes.
don't be fooled into thinking that the recording industry represents the artists themselves. most artists want their music freely available - as promotional material it's gold. it helps them sell the finite goods at concerts, promote them into writing advert jingles and tv show theme songs, and hundreds of other business models yet undiscovered.
i realize that my arguments are a bit scattered, but they are still valid.
Matt Sale
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Then in 1906, technology introduced a medium in which an artist could record his / her work (i.e. onto a 'record') and then 'perform' anywhere anytime to anyone who had a phonograph or turntable.
Further advancements led to better quality records, magnetic mediums such as cassette tapes, 8-tracks, and finally CDs in 1982. Artists and record companies earned billions.
I suppose technology is a double-edged sword. It provided hundreds of billions in revenues for artists, yet now it makes it easy for consumers to share amongst each other.
I believe that if there is some degree of utility derived from listening to an artist, that artist deserves to be compensated - no question.
However, before we feel bad for how much technology (copying) is hurting artists, let's stop and remember how much technology has benefited them.
Jim from Edmonton
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Jimmy Hoo Hoo
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Way back in the day of BETAMAX and VHS you would record your movies off the tv, for free. Recording radio music on a stereo recorder was free. Borrowing your buddies cassette tape to record it on your cassette to cassette stereo recorder, was free. Everybody was doing it, nothing was said.
Making a mixed tape for your girlfriend back in the 80's and 90's was cool. But doing so today would land you broke in an effort to label you as a pirate.
BETA, VHS, Cassette to Cassette, TIVO, PVRs, CD and DVD burners all record your favorite shows and music. Go after these guys for a change. I'm sure Panasonic, LG and the rest of them have deeper pockets than the end consumer.
Microsoft's free Mediaplayer rips songs off of CDs, I thought that was illegal. Other programs let you rip movies off of DVDs. You can now rip Blu-Ray movies. Go after Microsoft...*chuckle chuckle*...and the other guys.
Why not impose something on these companies instead of always making the end consumer the bad guy?
If the technology is there, sorry, I'm going to use it. Just like I did in the 80' and 90's.
I have to go now and make my girlfriend a mix CD.
Eric
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And even then, bands like Linkin Park have stated that they dont care if people download their music because they make music to be heard, not sold.
If they want to make this legislation, good for them. But if I get fined for downloading a song I rightfully own and paid for, then we will let the judge decide.
Jeff
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And to Zelko, who says that songs downloaded from iTunes can only be played on that computer.... no!? They can be played on up to 5 computers, along with an iPod. You can also burn them to CD or hook your iPod to your car stereo. I have no idea what you're on about, but it sounds like you're just making excuses to yourself to justify your free downloading.
Miramichi Kid - Vigilante at Heart
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Thomas
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But how banning the unlocking of cellphones is in anyway good public policy or will enhance the competitiveness of our already oligarchic wireless industry is utterly beyond me.
Talk about industry writing their own regulations. Some day we're going to have a government in this country that is on the side of consumers.
When that happens, the CEOs who write awful laws like this should be locked up. I mean literally: incarcerated in jail for their crimes and their greed.
Here's hoping!
Matty
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frustrated in halifax
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Tarah from the USA
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Can you people ever talk about something without comparing yourself to the USA? It seems like many Canadians suffer from inferiority complex.
I think this law is great.
BcDemon
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It is nothing like stealing from a store. You are not denying the principle owner the right to use said product. It is copyright infringement.
fitzz
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What ain't broke should NOT be fixed,
Logan
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Patrick in Ottawa
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Also, what's with not being able to record to PVR time shifted shows if the broadcasters say no? SO now they will force us to watch TV when THEY want us to? So lets see. I get home at 10:40, I'm tired and want to go to bed. But no, I can't record the tv show that I missed at 8pm I have to stay up and watch it?
Alex D Montreal
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I'm a musician, I want the biggest audience possible. Why would I sell a CD in HMV when I can offer free MP3s that can be played on almost any device by anyone anywhere in the world? The only people who don't like that concept are the labels. The labels are obsolete now and instead of embracing change, they have alienated music fans and musicians, and this idiotic government is caving in to a now failed system that lobbied for this.
Musicians need to earn money sure, but they don't need to be millionaires either. What's wrong with making a good middle class salary from licensing your music for commercials, tv shows, and movies? What's wrong with merchandise sales and ticket sales and beer sales at small places?
I honestly can't figure out why anyone would want to support something so backwards to the progress of society. As a musician I'll continue releasing my music for free, increasing my audience, and the record labels who want to control me and what I do can kiss parts of my body that I can't mention on TV.
Much to do about nothing
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Copyright laws are outmoded
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There isn't one person in Canada including judges who hasn't breached copyright laws somewhere along the line simply because they are often unreasonable and essentially a land grab on the part of the copyright owner.
We need to lighten up in regards to copyright not make more ridiculous laws.
dennis doyle
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Lawrence
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This secret government-industry consultation? I don't like it a bit.
Louis
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Once you own a copy, you can do as you wish with it. No one is allowed to say otherwise.
Zelko
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Johnny T.
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Ðêù§
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what if my PC crashes and i lose it all? will they replace lost songs?
at least when you agree to a license for an OS you can re-install on same machine if it goes awry but if i lose my songs i cant have a legal backup copy on a cd?
and will the cost of blanks come down now ? as they will no longe need the payout from the tax levied on them (i use blanks to store my own data that *I* create btw so can i get a refund ?)
I almost wish we had an opposition party that would stand up for us...clear up this bill and stand up to the US or listen to artists themselves or just develop a new system (even if the old one was ok)
and if we MUST purchase digital copies how about improving the quality some ?
Mark
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Mike
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Mike Webster
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Ian.
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It's long known that customers have been getting shafted by these big companies, not to mention their abusive relationships with the artists who they represent (in much the same way that pimps 'represent' prostitutes, unfortunately)
Customers should support the artists -directly-, and bypass the record companies entirely.
That being said, consumers should also realize that artists should be paid fairly for the work that they do.
Any laws passed should be directed to supporting artists, not directed to supporting companies. Laws that constrict the way that we use something that we've bought don't benefit consumers, they only benefit companies.
Marco
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Rick from Alberta
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I will never accept someone telling me that I can't purchase a CD and then use it how I please whether it be downloading it to my iPod or keeping an electronic copy for when the original is too scratched to use. Why can't they make a more durable CD platform?
If the industry pushes too hard to clamp down and tries to weasel every nickle out of our pockets then people will cut down on purchases and become more creative and steal more of it using newer methods. The industry loses even more!
Again, as one other commentor alluded, the only winners in this battle is the damn lawyers, and the main complainers are the multi billion dollar record companies.
Personally I don't download stolen music and movies from the net, because of the high potential for viruses, trojon's etc, although I do see the benefits to some forms of pay sites because they are more secure. But to each his own right!!
The main thing I dread here is that Big Brother will be once again sticking their noses, by way of more laws, even further into my life, which is already overwhelmed with too many laws!!!!
Steven
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shapeshifterz@hotmail.com
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Fed Up
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Why don't they work on something like bringing down the price of Cdn goods on par with the US or Do something about fuel costs. If fuel continues to soar, there will be alot of Canadians out in the cold come this winter.
Tori
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Annette
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People have been getting free music far too long.If I want a song or movie I will pay for it. We all have to make a living.
glengaffney
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Sean
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