 On appeal to the Federal Court of Appeal, however, the material form issue was not addressed and it could still be argued that such temporary copies such as those held on RAM do not meet such a requirement.It is odd to consider, for instance, how "material form" has been construed from being something "capable of identification and having more or less permanent endurance" in Canadian Admiral to something "ephemeral" and incapable of being perceived in the Satellite Radio decision.In addition, it could be argued that section 30.71 in Bill C-11 will address temporary reproduction for technological process, exempting reproduction of work or other subject-matter if the reproduction forms an essential part of a technological process.