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Expected constitutional challenge to private copying decision takes first step

News | 01/26/2004 5:00 am EST

The Copyright Board of Canada’s December decision on private copying is under attack from nearly all quarters as several parties to it have put the issue to the Federal Court of Appeal. In separate applications, the Canadian Private Copying Collective (CPCC), the Retail Council of Canada (RCC) and a coalition of digital device manufacturers have asked for a judicial review of the decision, which should come sometime this year. The applications argue the board committed a range of errors in coming to its decision to begin applying the levy to a new class of memory used in music playback and recording devices, as well as a familiar argument that the entire scheme is unconstitutional.

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