This is good news.
A Canadian court has ruled that the music industry RIAA and it’s Canadian counter-part cannot force internet service providers to give names of people who download music so the music companies can sue or charge them.

This has been a huge issue in the States with all kinds of people being charged.
Most people targeted have settled out of court for sums most of us could not afford.
I’ve written about Canadian law previously, but to put it in a nutshell we consumers pay a tax on all blank recording devices - tapes and R-CW. The Canadian Recording Industry receives it and is supposed to pass it back to artists.

Telemarketing
One of Canada’s greatest shames is how lax it is toward telemarketers.
This country is a haven for them and boiler rooms spring up constantly to target others from all over the world.
A telemarketers woke me a few days ago. I growled and he said,
“Well! Excuse me for bothering you,”
and hung up.
We really aren’t their main target, they hit Australia, the USA and Britain.

Elena’s Ride
Elena is a Russian nuclear scientist who takes a motorcycle ride through the Chernobyl region and takes us along. Her story and the story of Chernobyl is told in pictures and words, understated and chilling.

as we passing 86th kilometer we’ll see this big egg. This is where civilisation ends and where Chernobyl ride begin. Someone brought this egg from Germany. The significance of this egg is LIFE that will break through, life that will survive through radiation. Here is last place where one can get something to eat and fill bike with fuel. Choose any dirrection from here and you will see the same picture- desolated towns, dead villages, ruined farms.

How blogs work

1. Joe Blogger writes something and publishes it to his blog.
2. Joe’s Blog system updates his site’s HTML, updates his RSS file and sends a ‘ping’ message to the ‘Aggregation Ping Server’ indicating that his site has updated.
3. Search engines like Google and RSS specific services like Feedster, Technorati and PubSub periodically ask the Aggregation Ping Server, “Which sites have updated?”.
4. Since Joe’s site sends pings and has an RSS file and is easy to update frequently, Joe’s search engine rank is higher than a ‘normal site’.
5. Techie Teresa uses a program called an RSS reader to subscribe to Joe’s site. The RSS reader checks Joe’s RSS file for updates periodically (usually once/hour or once per day) and notifies her of Joe’s updates. Teresa no longer wastes time manually surfing Joe’s site. She just checks her RSS reader.
6. As a result, Teresa’s information flow is more efficient and she can monitor more sites in less time.
7. Joe Surfer (who is not related to Joe Blogger) still can access blogs the old fashioned, slow and less efficient way using his web browser and search engines.

Streamline elaborates with some history and a diagram. It’s essentially written for those of us who don’t understand the technical stuff.
link via LivingRoom


12 Responses to “The download debate and the music industry”

  1. 1 Daniel Nathan Stoddart 

    I recommend Bloglines:

    http://www.bloglines.com/

    You can even “wrap” and send your feed tree to a friend. It’s web based, too…you don’t have to download a feed reader. Nice application.

    Good article explaining RSS and its benefits here:

    http://www.wired.com/wired/archive/12.04/start.html?pg=7

    Peace out.

  2. 2 Bene Diction 

    Hi Daniel:

    Thanks.
    I’m not using one, I suppose at some stage I’ll get with the program.

  3. 3 Hamster 

    Hi Bene,
    I had Elena’s link from another friend, sure is an eye opening trip. The view of the fields of vehicles - including the fire trucks - will haunt me for a while. Makes me glad our area hosts the children of Chernobyl each summer.

  4. 4 Bene Diction 

    The sponsorship of Chernobyl children is inspiring isn’t it?

  5. 5 Joe Carter 

    Hey Bene,

    I’ve written about Canadian law previously, but to put it in a nutshell we consumers pay a tax on all blank recording devices - tapes and R-CW.

    The problem is that with Internet downloading a person can completely circumvent this “tax.” Once you download a song you can play it on your computer or other device (i.e., an IPod) and the artists receive no compensation. If the rightful copyright owner being compensated, then how does this differ from ordinary theft?

  6. 6 Bene Diction 

    Hi Joe:

    We pay a tax on the hardware also.
    Personal copying of a song for personal use has never been illegal in Canada.
    If I download or transfer to another personal device it not theft.
    I don’t recall the tax on the hardware at the moment.

    I know this subject is contentious, and this is the first country to tell the record industry it cannot violate individual or corporate privacy unless it is able to reasonably show that the music being downloaded is being used for profit.
    Here is some background…http://www.cbc.ca/news/background/internet/downloading_music.html

  7. 7 Jordon Cooper 

    I am glad that the Canadian court ruled as it did but I have a hard time feeling sorry for people using file sharing getting sued in the U.S. Yes, a lot of people are doing it but the record labels own the copyright on the music and have a right to protect their property. Is the RIAA a cartel? Probably but it is music, not water they are hoarding and music theft is still theft.

    On the RSS front, My Yahoo! now offers a module to read up to 25 blogs.

  8. 8 Bene Diction 

    Hi Jordon:

    I have a problem when a 79 year old man who doesn’t own a computer is targeted etc.

    If any downloader in Canada is doing so for profit, then present reasonable proof and have at them. In the meantime, those of us who aren’t, are glad the federal court ruled in favour of our privacy.

  9. 9 Jordon Cooper 

    I totally agree that the RIAA is a cartel and is out of control and some of the lawsuits are poorly thought out and executed but file sharing is still a violation of copyright laws. Just because the record companies are cartels, I don’t think it makes it ethical to steal from them, even if Harvard says that it doesn’t really hurt their bottom line.

    That being said, here is an industry that takes advantage of millions and we still go and support them by buying their media products. If we really wanted to strike back, we should be boycotting both file sharing and purchasing from them until they mend their ways.

  10. 10 Bene Diction 

    Hi Jordon:

    Canadian copyright laws are different than the more familar one from the US.

    If I like a song I’ll purchase it.
    But since I have low disposable income, that amounts to one CD over the past two years. I have to really like it! Again I pay a tax.

    Since I’m already taxed, I’m not breaking the law or cheating the record industry if I download it.
    It is no different than if I taped a song off the radio for my own use, or borrowed a CD from you to listen to.
    One of the major issues in Canada is whether the record industry is putting the artist tax back into the hands of the artist. Another issue is how much the industry says it has ‘lost’ because of p2p.
    I prefer the federal court rule on the consumer side.
    As other countries look at the Canadian case and upcoming appeals, we can hope will aid the industry to assess ‘business as usual’ differently.
    I don’t want my ISP capitulating because the recording industry demands it. Nor do I want protectionist laws in favour of a cartel.

    That having been said, if I step foot into the US and chose to download, it is my understanding I have broken their law.

  11. 11 Joe Carter 

    Bene,

    I’m not familiar with the Canadian law but it seems odd that a tax on hardware would really suffice. If you use recordable tapes or CD you have a limited amount of space and and have to keep purchasing (and keep paying the tax) if you want to add more songs. But with a device such as an IPod you could pay for the product one time and download literally thousands of songs. I’m not sure how the artists could be adequately compensated under that system.

    As Christians I think we also have a duty to economic justice (even when it benefits rich musicians) and so I personally have a hard time justifying downloading.

  12. 12 Bene Diction 

    Hi Joe:

    Fair enough.
    We don’t have the IPod download in Canada.
    I suppose we have IPods, but I live in an area where I’d have to order one. I’ve seen mp3 players that I can transfer music onto. If I could afford that kind of toy I don’t think I’m at a stage in life where I’d purchase one because I don’t need it.

    As a Canadian Christian I agree with you. I’m going to do all I can to understand economic justice. Right now this ruling is telling the CIAA that they cannot force the ISP’s to provide the 29 names without justification.
    If you come to Canada and download a song for your personal use, you have not broken Canadian copyright or distribution law. If that download was an issue of conscience for you I would fully respect that, for conscience knows no borders.

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