[oclug] [OT] Canadian gov't to apply Tarrif to Compact Flash memory.

[Brad Barnett]

On Tue, 19 Mar 2002 22:04:51 -0500
Ian Warford <iwarford at rogers.com> wrote:

> On 19 Mar, 2002, Brad Barnett brought forth:
> > Copying the CD into MP3s and then emailing them to someone is
> > distributing the music as well.  Copying a CD onto another CD and then
> > using that CD as a carrier method to distribute that music to others
> > is distribution as well.
> 
> If I send out mp3s, yes, I am giving away copies.  If I make a copy of a
> CD, and give that away, I am giving away copies.  If you come to my
> house, and borrow a copy, I am not giving it away. 
>  
> > As soon as you lend out that copied CD, it's "not for person use" any
> > more.  It really invalidates the above conversation.
> 
> The restriction to "Private Use" is established by saying where this
> does not apply.
> 
>   (2) Subsection (1) does not apply if the act described in that
>   subsection is done for the purpose of doing any of the following in
>   relation to any of the things referred to in paragraphs (1)(a) to (c):
> 
>   (a) selling or renting out, or by way of trade exposing or offering
>   for sale or rental;
> 
>   (b) distributing, whether or not for the purpose of trade;
> 
>   (c) communicating to the public by telecommunication; or
> 
>   (d) performing, or causing to be performed, in public.
> 
> I don't see lending there.  (Lending is not a "public performance" -- if
> it was, you'd be paying royalties every time you lent a CD to a friend.)
> 

Re-read section one please.

"is embodied onto an audio recording medium for the private use of the
person who makes the copy does not constitute an"

Lending the copied CD to a friend is NOT "for the private use _OF THE
PERSON_ who makes the copy".