Why does everyone always misunderstand Canadian music piracy law? No, it's not illegal to download music in Canada. It's not illegal to download music anywhere if you ALREADY OWN IT AND HAVE PAID FOR IT. You are allowed to have as many backup copies of something as you please. But although the actual act of downloading music isn't illegal, having the mp3s on your computer without having paid for the music IS illegal. So yeah, you can download as much music as you want. But as soon as it's on your hard drive and you don't have a receipt for it, you are breaking the law by having the files.
Who could possibly be stupid enough to think that the Canadian government would legalize piracy?!
Certainly not me. Nor was I implying that simply downloading music is illegal. If that were the case, sites like iTunes and Amazon would be under a barrage of lawsuits even as I type this.
It's very okay to download paid-for music. I don't prefer downloads to actual CDs (because I love the CD artwork, lyrics, liner notes, etc.). But to each his own.
I am not Canadian, so I'm not aware of your laws. If I understand you correctly, it's not illegal to download un-paid-for music, but once it hits your hard drive it is illegal. That's an odd technicality, and a risky one it seems to me. But I wasn't commenting on streaming music (which is what listening to un-paid-for music that doesn't reside on your hard drive is, by definition). I refer to the worldwide epidemic of people who download un-paid-for music and deprive bands of their livelihood.
No one -- least of all me -- is saying anything to disparage Canadian law, or Canadians, or anything of the sort. My complaint is with people who steal music by downloading (via Megaupload or BitTorrent or any P2P site) it and not paying for it. If keeping it on one's hard drive (or keeping any physical ownership of it, such as burned CD, cassette tape, or whatever) is what makes it "illegal" in Canada, cool. I understand what you're saying. There's nothing wrong with downloading paid-for music. There's nothing wrong with listening to streaming music. What becomes wrong is encouraging people to share music via P2P sites, uploading it to a BitTorrent-type site, or making it available via Rapidshare or Megaupload.
Here's a concrete example:
Slania, the new CD by Swiss Folk-Metal band Eluveitie. Right now, I can go online to any number of the sources I named above and download a copy of it. For free. I can obtain my very own copy of
Slania without paying a dime to the band or its label.
I want
Slania very badly. I have an interview with the bass player next Tuesday. My copy from Germany may not arrive in time for me to hear it prior to my interview with him.
What do I do? If I download the album from one of those sites I am breaking the law. It will hit my hard drive. I will burn a CD from it so that I can hear it in my car. Do I do it?
No. I do not. Can I? Sure. Will I? No. Why not? Three reasons:
1. It's against the law and I do not wish to find myself in court, paying fines, or standing behind bars, and
2. Eluveitie wouldn't see a dime from it. I'd be ripping off the band, and
3. I'd be encouraging others to continue uploading a band's music so that people -- like me -- can download it without paying for it. I'd also be encouraging the music industry to resort to ever more desperate measures to protect its livelihood.
I'm not against downloading music. I'm against downloading not-paid-for music. If the determining factor is whether or not it remains on my hard drive long enough for authorities to catch me doing it, then I have no conscience.
That's all I'm saying.
I apologize if my wording was unclear to the point it caused anyone to think I'm being critical of the laws -- or the people -- of Canada.
Cheers,
Bill