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No Financial Levy on MP3 Players (so far)


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Recent judgment of the Federal Court of Canada...

Canada (Canadian Private Copying Collective) v. Canadian Storage Media Alliance

Federal Court

[2004] F.C.J. No. 2115

Judgment: December 14, 2004.

Since 1999 the Canadian Private Copying Collective (CPCC) had offered a zero-rating program, in which certain groups of purchasers were not required to pay the levy authorized by the Board. CPCC opposed the Board's decision, which declared the zero-rating program to be without legal basis. Also, the applicant Canadian Storage Media Alliance (CSMA) opposed the attachment of a levy to the memory embedded in MP3 players. The Court held that the Board was within its jurisdiction in issuing its decision concerning the legality of zero-rating program. The application of CSMA on the other hand was allowed, because the Board was not authorized to attach a levy on the memory embedded in MP3 players, which are digital audio recorders, not audio recording mediums. Authority to establish such a levy must be directed from Parliament.


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