[Cdn-DMCA] Tariff 22 summary

[Russell McOrmond]

On Fri, 5 Apr 2002, Jason Young wrote:

> This is a summary of Tariff 22 I drafted for a presentation. Use it 
> as you will.

  This does make for some 'interesting' reading. I've only skimmed the
decisions themself so far and it already infuriates me.


  There are some of the (completely invalid IMHO) assumptions about the
nature of the Internet.  They seem to have missed the fact that the
Internet is essentially peer-to-peer and not anything like a broadcast
medium.  What makes a 'server' and a 'client' (In the technical
client/server sense, not the business model sense) is a matter of what
software is loaded onto a given computer, not anything relating to the
infrastructure of the Internet itself.


  This is one we need to fight if we want to avoid the Internet becoming
stripped down of everything that makes it unique, to the level of
Interactive TV.


> Other resources
> --------------
> Tariff 22 proposal (SOCAN) 
> http://www.cb-cda.gc.ca/tariffs/proposed/m12012002-b.pdf

  This was Tariff #9 (Sports events)

Tariff 22 is listed among all the other suggested tariffs at 
http://www.cb-cda.gc.ca/tariffs/proposed/m14042001-b.pdf

Pa;e 29, 30 under "Transmission of Musical works to subscrivers via a 
telecommunications service not covered under Tariff # 16 to 17".

  The title gives us no clue that it has anything to do with Internet
(peer-to-peer) communications, or any of the private copying that happens
over the Internet, whether any entity provides directory services or not
(A "top 10" favorite listing that includes pointers to retailers that
carry the music, Napster, whatever).

 
  It doesn't explain at all how ISP's would be liable for music tariffs at
all.  ISP customers are subscribers to a general communications service
(with the data being of multiple formats of information from audio, video,
text, software, etc, etc) and not a musical broadcast service.


  ISP's acting as intermediaries should no more be liable for SOCAN
copyright tariffs than the owner of the property that includes the 'air'
that allowed me to overhear someone humming their favorite song.


> Articles on the decision and appeal (Decima) http://www.decima.ca 
> Decima's Canadian New Media has published several good pieces on the 
> process as it's unfolded.


  I have subscribed to their "sample" (1 month free access to their site).  
It looks like this is a publication I'm going to have to have sent to me
in paper to help keep up ;-)

---
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