[Cdn-DMCA] Napster North

[Tom Trottier]

On Sunday, May 05, 2002 at 21:58, Michael Geist <canada-dmca-
opponents at flora.org>
wrote re "Re: [Cdn-DMCA] Napster North" saying:

> >Tangentially, I noted that you commented on Napster in another 
> >column (21 March) stating that "making personal copies through 
> >services such as Napster does not constitute copyright infringement
> >since users already pay for that right through the levy". This is not
> >correct. The exemption in s. 80(1) specifically contemplates and
> >excludes distribution or communication to the public by
> >telecommunication in s. 80(2).
> >
> 
> The act of copying a song off the Napster system is neither 
> distribution nor communication for the party that does the copying.
> Those Napster users that make those same songs available for others to
> copy would not be covered and I never claimed that they were. Anytime
> I have been asked about this, I have said that a Napster user could
> lawfully copy the song but could not make that song available to
> others.  The quote you refer to is similarly limited -- it refers to
> making personal copies, not to making those songs available to others.

So it's legal for the copier but not the copi-ee (for copyrighted 
material).

Tom
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