Appeal Court rejects iPod levy

The Federal Court of Appeal has rejected a controversial levy that would have raised the price of MP3 players, cellphones and computers. The FCA, which released its decision Thursday, said the Copyright Board — a regulatory body that determines royalties for copyrighted works — did not have the authority to impose the levy on digital recorders. The levy, which was slated to be introduced in 2008, would have amounted to an additional $5 to $75 depending on the storage capacity of the recorder. "The Copyright Board erred in law when it concluded that it has the legal authority to certify the tariff that CPCC has proposed for 2008-2009 on digital audio recorders," the FCA said in its decision.

The Retail Council of Canada, which opposed the tax, heralded the decision as a victory for consumers and retailers. "Retailers have fought against these levies since their creation in 1997 because it taxes a product based on what a consumer possibly could use it for," Diane Brisebois, president of the RCC, said in a release issued Thursday. Canadian retailers also noted the levy might drive consumers south of the border in search of lower prices. The Canadian Private Copying Collective, an association of composers, recording artists, publishers, and record labels, asked the Copyright Board of Canada in early 2007 to consider applying the fee to MP3 players in Canada.

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16 Comments

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I can't believe Americans actually have the audacity to come to a website and then demand that an article title be changed to reflect the fact that it doesn't relate to the United States. Millions of things do not affect the US; it is not necessary to specify.

Also words like "Federal Court of Appeal" (which does not exist in the US), Copyright Board of Canada, and CBC News are all good indicators that the events didn't happen in the US.

Tom275 said,
I can't believe Americans actually have the audacity to come to a website and then demand that an article title be changed to reflect the fact that it doesn't relate to the United States. Millions of things do not affect the US; it is not necessary to specify.

I didn't think about this, but soon as I read it I thought "he's right!"

I can see your point but that's not what I thought. I was wondering where the heck this took place. Canada, the UK, Denmark!? Adding the country to the title would've clarified period. This is an international website after all.

Although I can see Croquant's view that he keep the title the same as the original article for consistencies sake. His decision makes sense in that light.

strekship said,
Did you not read the article? This is in CANADA.

Yeah but if the law had passed in Canada next on that slippery slope might have the US and so on. Sure the Irish government has been copying the UK for years.

subaru69 said,

Yeah but if the law had passed in Canada next on that slippery slope might have the US and so on. Sure the Irish government has been copying the UK for years.

We (Canadians) have been paying a levy on blank media for years, yet the US hasn't followed that model.

Bad article title man, the tax was targeted digital recorders in general, not ipods in any notable particular as your title indicates. Also, the first paragraph needs to make it clear that this is in Canada, otherwise your clip is confusing. Perhaps the title could mention canada.

Perhaps you should write CBC news on this. When Neowin posts news verbatim people bitch and whine. When Neowin edits and changes wording, people bitch and whine.

It's more like this:
If [something] is/was/will be/ [something] and [something does [something] people whine and bitch.

This can be mathematically reduced to:
People whine and bitch, always about everything.

daPhoenix said,
...
People whine and bitch, always about everything.
I guess saying it that way is much clearer. :P

I guess that my post was just me venting and bitching. I hope I don't get warned for it...