Michael Geist

Earlier this week, I noted that CRIA has submitted its brief in the iPod levy case and that it appeared to ignore the judge's ruling that it limit its argument to the core issue before the court.  Apparently, I was not the only one to notice the similarity between CRIA's initial request to intervene and this most recent brief.  The CPCC has wasted no time in submitting its own motion to the Federal Court of Appeal asking it to strike out the entire brief.  According to the CPCC:

"An examination of CRIA's Memorandum shows that it is nothing more than a condensed version of the representations contained in its motion to intervene.  By addressing the seven issues identified in its motion CRIA has blatantly disregarded the ruling of this Court, which ordered that 'CRIA shall address only the three major issues before this Court…"

The CPCC is also furious that CRIA raised issues about the impact of P2P downloading and compliance with the Berne Convention, when there is no evidence on those issues before the court. 

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