CRIA: three strikes, not out
p2pnet news | Music:- I’ve posted several entries on the ongoing attempt by the CRIA to intervene in the Federal Court of Appeal review of the Copyright Board’s iPod levy decision.
Last week, I noted that the CPCC asked the court strike down the CRIA intervention on the grounds that it blatantly disregarded the court’s instructions about the limits on its intervention.
The Federal Court of Canada sided with the CPCC, striking the CRIA memorandum from the record and ordering it to pay some costs. CRIA has been permitted to file a fresh memorandum that “complies in all respects” the Court’s earlier order.
Having just been ordered to refile its intervention, the CRIA has remarkably written directly to the court to “seek further directions.”
The Federal Court of Appeal has now twice told the CRIA that it cannot raise arguments related to the Berne Convention and broader downloading claims, yet incredibly CRIA’s lawyers have effectively tried to appeal this latest ruling by asking the court for further clarification.
Given that this marks the third time that the CRIA has tried to insert this line of argument, perhaps the Chief Justice of the Federal Court of Appeal will remind the lobby group that it is three strikes and you’re out.
Michael Geist
[Geist is the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa. He can be reached by email at mgeist[at]uottawa.ca and is on-line at www.michaelgeist.ca.]
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