My weekly technology law column (Toronto Star version, Vancouver Sun version, Ottawa Citizen version, homepage version) focuses on last week's big copyright reform development – the emergence of the Business Coalition for Balanced Copyright. I note that under most circumstances, Telus and Rogers Communications fiercely compete in the marketplace. The same can be said for Google and Yahoo!, the world’s two leading rival Internet search companies. Yet last week these companies joined forces with a who's who of the telecom, Internet, retail, and broadcast communities in a single cause – the call for fair and balanced copyright reform.
Following months of Industry Minister Jim Prentice citing business demands as a critical factor behind his commitment to copyright reform, a powerhouse group of companies and business associations formed the Business Coalition for Balanced Copyright (BCBC) to speak for themselves.
The coalition, which also includes the Canadian Association of Broadcasters, the Canadian Wireless and Telecommunications Association, the Canadian Association of Internet Providers, the Computer and Communications Industry Association, and the Retail Council of Canada, publicly released a seven-point plan for balanced copyright reform that responds to business concerns that "the government would err too much on the side of the copyright holders."
For example, the BCBC's plan cautions against overly restrictive legal protection for digital locks, warning that new provisions "must not prohibit Canadians from engaging in non-infringing activities." The private copying levy, which the Conservatives promised to abolish in their 2005 policy declaration, was also featured as the coalition urges the government to "seriously question the continued existence of the private copying regime."
Business is unsurprisingly interested in facilitating innovation. Its plan calls for greater flexibility in the law's fair dealing provision, which it believes will spur new business models and remove the legal uncertainty associated with common consumer activities such as recording television shows. Several of the coalition's other issues serve as an important reminder that matching copyright laws in other countries involves far more than ratcheting up the level of protection. It notes that while most other developed countries grant broadcasters certain copyright exceptions and ensure that Internet service providers face no liability when acting as intermediaries, Canada has thus far neglected to address these issues.
Consistent with the recent emphasis on more effective intellectual property enforcement, the BCBC also urges the government to ensure that there are appropriate penalties for commercial scale copyright infringement. However, in a clear reference to the file sharing lawsuits in the United States that raise the prospect of multi-million dollar liability for individuals, it argued that "courts should have more flexibility to limit damages in circumstances where there is only minimal harm to rights holders resulting from the conduct."
The emergence of a major business coalition is noteworthy not only for broad array of participants (every Canadian region is represented including Eastlink from Atlantic Canada, Cogeco Cable from Quebec, as well as MTS Allstream and SaskTel from the West), but also for the remarkable consistency between its policy position and those of other key stakeholders such as the education community and consumer groups.
In fact, it appears that business, education, consumer, and many creator groups are moving toward a consensus around Canadian copyright policies that would meet the requirements of the WIPO Internet treaties, preserve consumer rights over their personal property, and provide Internet and technology companies with a legal framework that fosters greater innovation.
It sounds to me like Canadians are largely coming to a consensus in regards to Copyright reform. It’s now time for the government to listen to its people. Harper should be smart enough to realize that if Prentice passes a Canadian DMCA, it will only harm the Conservative approval ratings and jeopardize their minority government – let’s hope they do the right thing.
masochist
Let’s hope they do the wrong thing then … so we’ll finally get rid of them 🙂
we are legion
@masochist
This is NOT a partisan issue!
let’s hope they do the right thing. In all cases, focus on YOUR riding, everyone!
Politics vs Democracy
My personal feelings about copyright are probably a little too eccentric for most people, but it still warms my heart to see some kind of democratic consensus emerging here. Like other people, I hope that the (our?) government will also see it this way, but I really worry that politics will get in the way of democracy.
Knowledge is power
Of Course it will get int he way, which is why they have waited a bit. It is also why after it becomes illegal again to download, it will empower gangs , maffia and the illegal copies you get downtown toronto for 5$ a dvdr.
Who do you htink stomps those , the kid at his home?
Stupid is as stupid does and punishes the weak. NO smart would be to end the prohibition called COPYRIGHT and while were at it END software patents both of which stiffle innovation of curtail society and civilization.
IMAGINE as John Lennon thought that it was all free.
That would mean youd have to create OPEN SOURCE music and games for free with that donation button.
IMAGINE how the dollars wasted on lawyers could be put into health care and the environment and making tech more friendly to the environment.
IMAGINE NO DMCA.
IT WILL CREATE THE MUSIC INDUSTRY AS IT
AND to GENE SIMMONS WHO liks to make his buck off all the kids know this like metallica you endear values of freedom and rebellion in your songs yet behind all that you like capitalism and communism like to CONTROL and SQUEEZE every ounce of dollars you can. LOOK AT HIS SHOW, DOES A NOOB LIKE THAT NEED MORE ?????????????
THATS WHAT 15$ CDRS BUY.
Extinction
If it was not for piracy a dinosaur like Microsoft it would have been disappeared long time ago. Let’s make stronger laws and let’s see if people will still use MS Office instead of the perfectly fine open source and FREE counterpart. If it wasn’t for the mafia-like imposition of MS Windows on any machine that is sold (and for which you are forced to pay an invisible levy) everybody would be using one of the many open source and FREE versions of Linux. There is even an open source and FREE version of Photoshop. Up to date that legacy software is still used because most of people download it illegally for free. Let’s them be the cause of their own extinction, a word without Microsoft and the like is going to be a better world.
BELL CANADA REPORT
According to an insider at a call center the following policy will be brought forward from the GOV’T of CANADA
:
ALL P2P SOFTWARES THAT USE EXCESS BANDWITH WILL BE BANNED FORM ISPS TO BE USED BY THEM.
THIS POLICY INCLUDES (BUT DOES NOT DISCLUDE OTHERS)
BITTORRENT, LIMEWIRE, AND KAZZA.
THE HOPE IS TO CURTAIL THE ILLEGAL DOWNLOADING AND SHARING,
NO MENTIONS OF FAIR USE
NO MENTION OF PERSONAL USES.
Mr Geist i have your number i’ll call and let you know whats going on and the ISPS are all so nervous they are traffic shapping everyone…..
And the ISP’s shoot themselves in the foot. Everyone drops to cheapest internet package 1mb dsl.
Michael Geist named in EFF Pioneer Award
[ link ]
Canada’s Michael Geist, law professor, political commentator and blogger / columnist supreme, has been named a winner in the EFF’s (Electronic Frontier Foundation) 2008 Pioneer Awards
Congratulations and keep a good work!