Folks it seems that the CRIA has been shot in the foot with the release of their latest anti consumer affidavit in an Ipod related case.
http://www.p2pnet.net/story/13327The Canadian Recording Industry Association this week quietly filed documents in the Federal Court of Appeal that will likely shock many in the industry.
The CRIA, which spent more than 15 years lobbying for the creation of the private copying levy, is now fighting to eliminate the application of the levy on the Apple iPod since it believes that the Copyright Board of Canada’s recent decision to allow a proposed tariff on iPods to proceed “broadens the scope of the private copying exception to avoid making illegal file sharers liable for infringement.”
Given that CRIA’s members collect millions from the private copying levy, the decision to oppose its expansion may come as a surprise.
Yet the move reflects a reality that CRIA has previously been loath to acknowledge - the Copyright Board has developed jurisprudence that provides a strong argument that downloading music on peer-to-peer networks is lawful in Canada
It seems since the ipod does not use the levy included disks in its operation the CRIA is not happy for folks to use it, the opposing logic is then of course that as long as you purchase the special levy included audio disks no law is being broken by downloaders, this is what many have suspected all along.