Originally posted on paidContent (old):

Canada’s Supreme Court on Thursday morning further defined the balance between music owners’ right to be paid and the public’s right to use music in ways that don’t trigger copyright infringement. The Court also likened the internet to a “technological taxi” for online content.

In one of five copyright rulings handed down Thursday, the Court confirmed that users shouldn’t have to pay to hear 30- to 90-second song samples on Apple’s (s aapl) iTunes. In a separate ruling, the Court overturned the Copyright Board’s decision that the act of downloading a video game is not a public performance that deserves a separate payment to copyright owners.

The iTunes decision was not a surprise and is consistent with a common sense outlook held by many copyright scholars. The music industry had claimed that the previews — which let consumers play snippets of songs in order to decide whether they want to…

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