Quote:
Originally Posted by gideongallery
you need to go back to grade school because your reading and comprehension level is quite low.
from the side bar of related articles
http://news.cnet.com/Canada-deems-P2...html?tag=mncol
copyright board rules that downloading from a "peer to peer network" was recognized as "Private copying is the subject of Part VIII of Canada's Copyright Act" |
you gotta be kidding me - you link an even older article (
cnet.com
) as 'further proof' - which includes quotable sections like...
Quote:
a sensational headline
Downloading copyrighted music from peer-to-peer networks is legal in Canada, although uploading files is not, Canadian copyright regulators said in a ruling released Friday.
followed by text stating..
In its decision Friday, the Copyright Board said uploading or distributing copyrighted works online appeared to be prohibited under current Canadian law.
and
However, the country's copyright law does allow making a copy for personal use and does not address the source of that copy or whether the original has to be an authorized or noninfringing version, the board said.
|
please take careful not of the BOLDED part - slapping it up on a torrent available to millions is not personal use and the actual article deals in 'apparantly's' and contradicts its own sensational headline - nice try on the follow up...
(
cNet.com
)
Quote:
Originally Posted by gideongallery
http://cpcc.ca/english/privCopKey.htm
CRIA appealed that ruling to the supreme court and lost.
this judge ruled that uploading based on that ruling
In Canada, private copying is legal and does not infringe copyright. It is because, in exchange, copyright holders in recorded music have a right to receive compensation in the form of royalties for private copying.
however since i repeatedly said (including in this thread)
|
again - what you link specifically states
Quote:
Private copying is the subject of Part VIII of Canada's Copyright Act. It has a very specific, and limited, meaning. A "private copy" is a copy of a track, or a substantial part of a track, of recorded music that is made by an individual for his or her own personal use. A compilation of favorite tracks is a good example of how people typically use private copies. In contrast, a copy made for someone else or for any purpose other than the copier's own use is not a private copy. Nor is a copy of anything other than recorded music. And private copying is not an example of "fair dealing", a very different legal concept. In Canada, private copying is legal and does not infringe copyright. It is because, in exchange, copyright holders in recorded music have a right to receive compensation in the form of royalties for private copying.
Private copying is the subject of Part VIII of Canada's Copyright Act, the federal statute that sets down the general legal framework for copyright in Canada. Copyright is the legal mechanism by which those who create original works, like music, are able to be paid for that work. As copyright holders, creators have a right to control certain uses of their work, and place conditions - like payment - on use by others. These payments take the form of royalties. To illustrate, performance of a song, a record sale or printing a musical score are all events that would trigger a copyright royalty. But unlike a publishing or record deal, private copying cannot by its very nature be managed and accounted for by contract: private copies are made spontaneously by people in the privacy of their own homes. That's why private copying receives special treatment in the legislation. Permission does not have to be sought; private copying is simply permitted. But in exchange, the Act sets up a system to collect and distribute royalties to those with rights in the music that is copied. True to general copyright principles, legislators have ensured that creators and others with copyright in recorded music are able to be paid for use of their work
|
again - torrents are NOT private copying - a PRIVATE copy is NOT publically accessable - you shoot yourself in the foot AGAIN
Quote:
Originally Posted by gideongallery
your "maybe" stuff is not incompatible with what i said.
Even so this ruling is currently the highest court ruling on the issue, until it is over turned by a higher court it is in fact how the law is interpreted on the issue. downloading is legal (unrefutably) and uploading is legal (for now).
|
your interpretation skills are lacking
Quote:
Originally Posted by gideongallery
|
ok - thats gonna take some reading and i am assuming you are addressing the 'Tax' issue
however a quick browse shows...
Quote:
Reciprocity
85. (1) Where the Minister is of the opinion that another country grants or has undertaken to grant to performers and makers of sound recordings that are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by this Part, the Minister may, by a statement published in the Canada Gazette,
(a) grant the benefits conferred by this Part to performers or makers of sound recordings that are citizens, subjects or permanent residents of or, if corporations, have their headquarters in that country; and
(b) declare that that country shall, as regards those benefits, be treated as if it were a country to which this Part extends.
Reciprocity
(2) Where the Minister is of the opinion that another country neither grants nor has undertaken to grant to performers or makers of sound recordings that are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by this Part, the Minister may, by a statement published in the Canada Gazette,
(a) grant the benefits conferred by this Part to performers or makers of sound recordings that are citizens, subjects or permanent residents of or, if corporations, have their headquarters in that country, as the case may be, to the extent that that country grants those benefits to performers or makers of sound recordings that are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada; and
(b) declare that that country shall, as regards those benefits, be treated as if it were a country to which this Part extends.
|
so - if i understand it (and i may not yet) it states you have to be a CANADIAN (or equivilent) to benefit - as I stated earlier.... so - another shot to your foot. I shall endeavour to digest this link further
Quote:
Originally Posted by gideongallery
IDIOT
|
I shall assume you took a quick look in the mirror when you said that, just before you typed...
Quote:
Originally Posted by gideongallery
do you believe that canada has year round snow
and we all live in igloos and eat whale blubber.
like the stupidest of americans too.
|
you really are a tool if you haven't figured out that I AM CANADIAN (always was and always will be)
so nice FAIL on the insult
oh - and as far as your 'FAIR USE' goes...this still applies...
and I'll throw in ....
http://library.concordia.ca/help/copyright/?guid=fdvsfu
and
http://en.wikipedia.org/wiki/Fair_dealing
(you DO know that it is referred to as 'Fair DEALING' in Canada and not 'Fair USE' don't ya?)
and as well - with all the reading I have done on Fair Use/Dealing it provides for 'Private' and 'Personal' backups and copies and all interpretations state that 'no - we won't be prosecuting you if you tape knightrider for your Mom)
Torrents/Clouds/P2P networks ALL hand out the copies to millions of people - they most certainly do not get protection under these acts.
PERSONAL/PRIVATE use is NOT equal to mass global sharing
(fuck - no way to TLDR this)