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

Milan Budimirovic milan.budimirovic at sympatico.ca
Wed Mar 20 07:21:42 EST 2002


Brad Barnett wrote:
> 
> On Tue, 19 Mar 2002 22:48:03 -0500
> Rod Giffin <rod at giffinscientific.com> wrote:
> 
> >
> > Note, you also won't find "software" listed in the act either.  The
> > reason is that it falls under "literature".
> 
> Just a FYI.. yes, you will.  Software is listed under "Computer Program"
> and has specific exemptions and loopholes for it as well.


Actually, under the trade and tariff laws, software has a legal status
similar to that of recorded music. If it's on any storage medium such as
a CD or hard disk, it is considered to be a "good", regardless of the
relative value of the software compared with the medium. That is, if
Adobe Photoshop sells for $1000 it is a good valued at $1000, even if it
sits on a CD worth $0.25. The issue came up during our Trade Tribunal
complaint last year, and our lawyers had to do quite a bit of research
to find a legal precedent.



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