UNB/ CS/ David Bremner/ blog/ posts/ Copyright board inspired Dickens?

The Copyright Board of Canada, in their wisdom, recently acceded to a request from SOCAN to allow a retroactive tax on all music downloads.

According to the learned members of the Copyright Board

   [100] Fourth, SOCAN members are not double dipping. The
   communication and reproduction rights are separate rights,
   often owned by separate persons, administered through separate 
   channels and subject to separate regimes. 

So to summarize. If I buy a homemade CD for $10 from a band, I give ten dollars to the band. If I download the exact same bits from a web site (which is certainly possible with e.g. FLAC encodings), burn it to a CD-R (which by the way I also payed a %$&^%$ levy on) myself and get something completely indistinguishable, I now owe SOCAN whatever percent they and the copyright board dream up?

Charles Dickens, in Chapter LI of Oliver Twist, wrote

   'If the law supposes that,' said Mr. Bumble, squeezing 
    his hat emphatically in both hands, 'the law is a ass--a idiot.'


Maybe it is not just me. Howard Knopf's blog reports there will be a judicial review of this CCB decision.