Archive for July 19th, 2010

U.S. Caves on Anti-Circumvention Rules in ACTA

One of the biggest stories coming out of the latest ACTA leak is how the U.S. has gradually caved on its digital lock demands.  While the U.S. initially proposed an aggressive draft chapter it hoped would export U.S. law to all ACTA partners, it has now caved on many key issues with the European language carrying the day.  The implications for anti-circumvention rules are significant, since the language is closer (though not identical) to the more flexible WIPO approach and confirms that Canada’s Bill C-32 actually goes beyond would be needed to comply with ACTA, were it to conclude in its current form.

Before examining the changes, it should be noted that there remain doubts about whether this chapter even belongs in ACTA.  Both Canada and Mexico have reserved the right to revisit all elements of this chapter at a later date, suggesting that both countries have concerns about the digital enforcement chapter.  Moreover, there are still disputes over the scope of the Internet chapter, with the U.S., Australia, NZ, Canada, Singapore and Mexico seeking to limit the chapter to trademark and copyright, while Japan, the EU, and Switzerland want to extend it to all IP rights.  Without resolving this issue, there is no digital enforcement in ACTA.

The Anti-Circumention Provision

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July 19, 2010 12 comments News

Potter on the Link Between the Census and Copyright

Maclean’s Andrew Potter has a must-read opinion piece that links Industry Minister Tony Clement’s response to the census issue with the Canadian Heritage Minister James Moore’s copyright bill response.  While Potter makes the political link, Howard Knopf connects the policy dots in this post.

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July 19, 2010 1 comment Must Reads

France’s Three Strikes Law Hasn’t Brought Any Penalties

Canadian recording industry groups may be pining for a three strikes model in Canada, but the NY Times reports that the French law has yet to result in any penalties and some politicians are expressing misgivings about the law altogether.

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July 19, 2010 Comments are Disabled Must Reads

Australia’s Declaration of Open Government

Australian Minister Tanner has launched the Declaration of Open Government, which focuses on openness and transparency in government.

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July 19, 2010 2 comments Must Reads

Open Access Submission to Digital Economy Strategy Consultation

Heather Morrison provided great leadership on this submission on open access to the digital economy strategy consultation.  I was pleased to add my name to it.

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July 19, 2010 Comments are Disabled Must Reads