iPod Tax

The National Post has an editorial today, Striking down the iPod tax. This post just adds the footnotes.

The January 10th decision was Apple Canada Inc. v. Canadian Private Copying Collective, 2008 FCA 9 (CanLII).

The decison of the Copyright Board under review was Private Copying 2008-2009, Re, 58 C.P.R. (4th) 446, 2007 CarswellNat 2100 (also on the Copyright Board website.)

The 2004 decision of the Federal Court of Appeal was Canadian Private Copying Collective v. Canadian Storage Media Alliance, 2004 FCA 424 (CanLII), [2005] 2 F.C.R. 654, 247 D.L.R. (4th) 193, 329 N.R. 101, 36 C.P.R. (4th) 289, 2004 CarswellNat 4681, [2004] F.C.J. No. 2115; leave to appeal refused 2005 CarswellNat 2075, [2005] S.C.C.A. No. 70 and 2005 CarswellNat 2077, [2005] S.C.C.A. No.74.

In that 2004 decision, the Court of Appeal said bluntly in para. 61: “Section 80 [of the Copyright Act] legalizes copying recorded music onto blank media for private use;” and in para. 147, “If, indeed, digital audio recorders (or the memories embedded therein) fall outside the scope of the definition, copyright infringement could result from the use of such devices to private copy.”

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