Federal Court of Appeal Strikes Down CRIA Memorandum

I've posted several entries on the ongoing attempt by CRIA to intervene in the Federal Court of Appeal review of the Copyright Board's iPod levy decision.  Last week, I noted that the CPCC asked the court strike down the CRIA intervention on the grounds that it blatantly disregarded the court's instructions about the limits on its intervention.  Today, the Federal Court of Canada sided with the CPCC, striking the CRIA memorandum from the record and ordering it to pay some costs.  CRIA has been permitted to file a fresh memorandum that "complies in all respects" the Court's earlier order.

Update:  Having just been ordered to refile its intervention, CRIA has remarkably written directly to the court to "seek further directions."  The Federal Court of Appeal has now twice told CRIA that it cannot raise arguments related to the Berne Convention and broader downloading claims, yet incredibly CRIA's lawyers have effectively tried to appeal this latest ruling by asking the court for further clarification.  Given that this marks the third time that CRIA has tried to insert this line of argument, perhaps the Chief Justice of the Federal Court of Appeal will remind the lobby group that it is three strikes and you're out.

Update II: The Federal Court of Appeal wasted no time in responding with a terse "your attention is drawn to the two orders made by the Court."  In other words, read the rulings and drop the Berne Convention arguments. 


  1. See paragraphs 153, 163 and 164 of [ link ] to see why CPCC has no chance of getting the levy to apply to iPods.

    Who’s the Court of Appeal going to follow, one of it’s own previous decisions or a preliminary motion copyright board decision?

  2. Malcolm, why don’t you fess up: either you’re Graham Henderson or you work for CRIA’s PR firm, right?

  3. I’m really just a huge Cowboy Junkies fan…

  4. paragraph-counter says:

    yah like anyone is oging to count that many paragraphs
    what a noob

  5. The paragraphs are numbered…. read past the headnote.

  6. Really doesn’t matter ANY way…
    If the levies get too high, with a strong Canuck dollar, folks will simply go and get in the mighty USA and avoid the industry tax grab altogether.

  7. Dorkmaster Flek says:

    Stalling tactics, nothing more. Stall, draw out proceedings, try to confuse the court, keep the process going as long as possible. They use the same tactics south of the border. I only hope our chief justice is smart enough to give them the smackdown they so richly need and deserve.

  8. Source?
    Prof Geist (or anyone else),

    Where do you get these Court of Appeal updates from? They don’t seem to be available on Lexis/Westlaw or the CoA website. Do you have a student stand outside the courtroom in Ottawa reporting to you on all updates?



  9. Shows CRIA’s mind set
    This persistence shows a lot about the mindset of Graham Henderson and his legal henchmen at CRIA and the labels.

    Their passion to ram their point of view down the throat of anyone who gets into their way has turned into blind rage. They don’t give a damn about what they need to do in order to get their way. This includes a total disrespect of Canadian courts, Canadian citizens and ultimately of the Canadian politicians, who are being manipulated to pass legislation that doesn’t contain a single shred of common sense.

    Shame on Graham, shame on the record company executives who pay Graham to continue this embarrassing display of ineptitude. Shame on Mr Harper and his ministers for listening to these ruffians.

  10. Oooh!
    Ruffians! My goodness! Such language! What next? Hooligans! Rapscallions! Miss Grundy can only shake her head at the tender sensitivities of Professor Geist’s readers. Whatever will they do once they graduate and have to get jobs? Will tiny tears of rage form in their clenched eyelids at the first sound of a harsh tone of voice? Will they write a stern letter to their friendly old professor, hoping to ignite his rage? Dear, dear. Such a hard life and a cruel world. Perhaps they’ll only come to grief awaiting their academic hero’s arrival on horseback. He’s too busy shredding his garments as he laments the shocking discovery that politics trumps principle. I weep for you, I sincerely do.

  11. Tell Us The Whole Story
    Since you have neglect to finish this story (perhaps because it does not have the ending you had hoped for) I will do so for you. I understand from reading the recorded entries for the Federal Court of Appeal that CRIA re-filed its written argument (with the same two arguments), CPCC and RCC again tried to have it struck out, and this time the Federal Court of Appeal refused to do so.

    It seems that the Court is more than just a bit interested in hearing what CRIA has to say.