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El Quintron
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reply to Spike

Re: DTV illegal in Canada? What is the legal justification?

said by Spike:

The industry made their precious government granted copyright laws into a toxic public matter, now they have to live with the resulting lack of public respect for copyright as a whole.

DTV being illegal isn't a copyright issue at all, it's a licensing issue, and is only loosely related to copyright.

If you download from a source not authorized by the copyright holder, you're violating copyright.

If you're watching DTV in Canada, then you're not violating copyright because the rights holder has approved the materials for transmission on DTV, but, someone else in Canada has paid for the rights to broadcast this here, making it a violation of the exclusive privilege granted to the Canadian broadcaster.
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sbrook
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said by El Quintron:

If you're watching DTV in Canada, then you're not violating copyright because the rights holder has approved the materials for transmission on DTV, but, someone else in Canada has paid for the rights to broadcast this here, making it a violation of the exclusive privilege granted to the Canadian broadcaster.

And the actual violation is the American DTV provider and that's who the Canadian broadcasters should go after since they are infringing the Canadian Broadcasters' rights! The American DTV providers should not be providing service to Canadians.

But that's too hard and potentially costly, so, instead the Canadian Broadcasters twisted the CRTCs arm to put the fault on the Canadian consumer for buying foreign services.


El Quintron
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said by sbrook:

And the actual violation is the American DTV provider and that's who the Canadian broadcasters should go after since they are infringing the Canadian Broadcasters' rights! The American DTV providers should not be providing service to Canadians.

But that's too hard and potentially costly, so, instead the Canadian Broadcasters twisted the CRTCs arm to put the fault on the Canadian consumer for buying foreign services.

It's also fairly deniable by the American DTV provider seeing as most of the time a 3rd party is selling the service to non-Americans.

I know it would be difficult to prosecute, but it's like blaming car manufacturers because their cars were used in bank robberies... a thin link at best.
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carcajou

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4 edits
reply to johnkim

It s kinda funny that so many here think that is is a " canadian thing " to limit your sacred right to watch the TV you want.

It is actually JUST AS ILLEGAL to decode a CANADIAN signal like Express Vu when you are residing in the USA.

Now, you ll probably laugh and say there s no such thing as a US resident dying to get ExpressVu, but plenty of us Quebecers retire in Florida and some want access to their familiar channels in french and yes, they use the address of some family member in Quebec to decode Express Vu illegally in Fl.

The rationale here is simply that a broadcaster pays the content providers ( Hollywood or whatever you want to call them collectively ) a certain amount of money for the right to broadcast said content over a SPECIFIC territory in an encrypted form to limit viewing to authorized users. Each market is treated as a separate contract with different amounts to pay per user in each market ( unless a broadcaster would simply buy an unlimited World license from the content creators )

And DirecTV THEMSELVES ( a US corporation ) are going ferociously against the grey market resellers in Canada who make arrangements with canadian clients to provide them with a false US address.

DirecTV seeked injunctions in Canada against those simply because they are afraid to get sued by the content providers who hold the copyrights.

Face it: it s all about corporations protecting their turf. Nothing to do with infringement on individual freedoms. And dishes are not illegal at all if the signal you receive is not encrypted. Then, it means there is no such " copyrights problems " involved with it. Those are simply free-to-air and free to receive. Even the CRTC cannot do anything about them. Space is outside the jurisdiction of any nation ( wise decision to avoid having the USA and the USSR destroying satellites over their territory back in the Cold War days ).