The Copyright Board of Canada has released its decision on a series of motions contesting the latest attempt by the Canadian Private Copyright Collective to apply the private copying levy to iPods and removable memory storage cards.  The proposed levy was challenged by the Canadian Storage Media Alliance and the Retail Council of Canada, who argued that the Federal Court had already struck down a previous levy on iPods (or more accurately digital audio recorders) as outside the Copyright Act.  The CSMA and RCC argued that the Board had no jurisdiction to consider or approve the levy or alternatively that the CPCC should be prevented from proposing it.

The Board conducted hearings on the motions last month and has responded quickly with an emphatic rejection of the CSMA and RCC.  Siding consistently with the CPCC, the Board has left little doubt that it believes that the earlier decision has not foreclosed the possibility of a levy on devices such as the iPod.  In fact, the Board provides the clearest statement yet that it believes that the levy could be applied to any device, including cellphones and computers.  At paragraph 70, the decision states:

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