tag:blogger.com,1999:blog-20803105.post2354955492547700488..comments2024-03-23T13:09:54.464-04:00Comments on EXCESS COPYRIGHT: Copyright Board Refuses SOCAN Interim Tariff Application filed June 13, 2011Howard Knopfhttp://www.blogger.com/profile/18321190334597129416noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-20803105.post-1393193242308143832012-06-21T16:01:43.902-04:002012-06-21T16:01:43.902-04:00I run a gaming website based in USA that has just ...I run a gaming website based in USA that has just been slapped with a notice to pay the tariff. To my knowledge, none of the content was created by Canadians, though we have plenty of Canadians access the site. Most of the content is in the public domain and we change no fee to access the site. We are being asked to pay up to 0.8% tariff on revenues. On the surface it looks like Canada has found yet another way to put its hand out and ask others for money - much like those poor bums you see littering the streets in Toronto. While I'm all for supporting artists, something seems very very wrong here. Get your priorities right Canada.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-47276226486922575102012-02-21T14:52:11.395-05:002012-02-21T14:52:11.395-05:00Dear Anonymous at 10:37
Such a result would not b...Dear Anonymous at 10:37<br /><br />Such a result would not be surprising but it is far from being “given”. There are good arguments against retroactivity that may, one day, ultimately succeed in the right case. This might be that case. But I’m not going to debate it any further here, especially with an Anonymous commentator.<br /><br />HowardHoward Knopfhttps://www.blogger.com/profile/18321190334597129416noreply@blogger.comtag:blogger.com,1999:blog-20803105.post-59597975546257379352012-02-21T13:37:26.446-05:002012-02-21T13:37:26.446-05:00Not really. You questioned whether retroactivity w...Not really. You questioned whether retroactivity was appropriate even if the tariff was certified. My point is that if SOCAN makes it case, which is (a) that the application is valid and (b) that the price is right, then of course the tariff requested must be retroactive. The Board can of course disagree with SOCAN on the merits and on price. But retroactivity is a given.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-20984170174340993072012-02-21T11:22:56.384-05:002012-02-21T11:22:56.384-05:00Dear Anonymous at 7:18
That's more or less wh...Dear Anonymous at 7:18<br /><br />That's more or less what I said. I also used the word "if". <br /><br />HowardHoward Knopfhttps://www.blogger.com/profile/18321190334597129416noreply@blogger.comtag:blogger.com,1999:blog-20803105.post-25966612689494122042012-02-21T10:18:35.820-05:002012-02-21T10:18:35.820-05:00The Board didn't say that there would be a ret...The Board didn't say that there would be a retroactive tariff. It said that IF the SOCAN application was accepted on the basis set out by SOCAN, the tariff would be retroactive. That means that the Board has to determine the validity of the tariff and the appropriate rate. Clearly if SOCAN makes its case, it gets the money. If it doesn't, it won't. This is usually how interim and interlocutary matters are resolved.Anonymousnoreply@blogger.com