CBC misses the point
p2pnet.net News:- The Canadian Federal Court of Appeal yesterday started hearing BMG Canada v John Doe which the entertainment industry is using as part of its campaign aimed, among other things, at bringing Canada into line with the US as a place where online music lovers can be sued into buying `product`.
The CBC, Canada`s national broadcaster, did a report in which CIPPIC (Canadian Internet Policy and Public Interest Clinic) legal counsel David Fewer and the CRIA’s (Canadian Recording Industry Association of America) Graham Henderson exchanged views.
But the CBC entirely missed the point, as software designer Don Kelly emphasises in his post to Digital Copyright Canada.
Read on >>>>>>>>>>>>>>>>>>>>>>>>
CRIA on CBC’s The National
By Don Kelly – Digital Copyright Canada
The reporting team of the National deserves some credit for sparing a few minutes, amid the sponsorship scandal reports, to discuss music downloading and the recent CRIA appeal. Unfortunately, the National missed the real story hidden within the folds of a rather mundane legal process and the misdirection of the lobbyists.
The case under appeal was lost due to lack of evidence. Furthermore, it was the plaintiff that created the legal mechanism that permits unauthorised downloading for personal use. This is due to the Private Copying regime introduced in the 1997 Copyright Act reforms.
Another issue, briefly alluded to in the minor sound-byte granted David Fewer, is why so many Canadians are downloading music in the first place.
The National report leads us to believe the misinformation spread by the existing recording industry: Canadians download music simply because it is legal and free. This cannot be the only reason, CBC Radio is freely broadcast as well as being a perfectly legal listening choice. In fact, it was legal (and free of cost) to download the National to watch on my computer. [There is no news of record numbers of Canadians tuning into the CBC.] I suspect, as Mr Fewer was trying to explain, that the Canadian unconscious has discovered a new way to evolve and diversify their listening choices.
This evolution has a very serious impact in the business model used by members of the CRIA. They are no longer able to act as a centralised, monopolistic distributor of music. In the near future, all artists will be in direct contact with their audience and no longer require the costly service of the CRIA.
The industry is well aware of this trend. Their current actions are attempt to convince the government that artists should not have this choice.
The final aspect of this tale was completely disregarded by the National. Our government (as they were during the sponsorship scandal) has been completely hoodwinked by a small group of well-connected business people.
The Heritage minister, Hon. Liza Frulla, has been quoted that she will create legislation that “will give the tools to companies and authors to sue” and that children need to be taught that downloading is like smoking. This idea shows how completely misguided the Minister is on this topic.
Copyright has and will continue to protect the author, the only additional “tool” required to sue is proof.
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