The Department of Foreign Affairs held a call today with various groups to provide an update on the Canada – European Union Comprehensive Trade Agreement negotiations. The department indicated that there has been progress on virtually all issues and the broad shape of the deal is being outlined. On intellectual […]
Archive for July 27th, 2010
From a Canadian perspective, the U.S. decision – combined with the recent 5th Circuit Court of Appeals ruling linking circumvention to copyright and the USTR decision to cave on the digital lock rules in ACTA – provides a timely reminder of the mistake that is the digital lock rules in C-32.
Looking back, Industry Minister Tony Clement said he wanted forward-looking legislation designed to last ten years, yet the scope of Bill C-32’s anti-circumvention exceptions became outdated in less than ten weeks. Canadian Heritage Minister James Moore, when not calling critics “radical extremists,” emphasized that Bill C-32 was not identical to the DMCA. While he had the notice-and-notice system in mind, weeks later his comments became accurate since it turns out the DMCA is far less restrictive than C-32.
Just how badly does the Canadian bill stack up? On the two key issues in the bill – digital locks and fair dealing – Canada is far more restrictive than the U.S. Consider:
David Hammerstein reports that the next series of ACTA talks will be an “intercessional meeting” in Washington starting on August 16, 2010. The talks will not be treated as a formal round, which has the effect of decreasing transparency since no agenda or statement will be released.