Liberal MP Dan McTeague has responded to my recent post
on his linkages with CRIA in a 2,200
word "rebuttal." The McTeague post confirms that his earlier letter
to the editor came directly from content supplied by CRIA and adopts
the contradictory position that when CRIA launches a lawsuit, it is
only an unproven claim that should not have an impact on copyright
reform, but when isoHunt files a lawsuit it demonstrates that there is
a "legislative holiday" in Canada that demands immediate action.
The McTeague post provided the opportunity to take a closer look at his
website,
which reveals what may be widespread copyright infringement. Since the
introduction of Bill C-32, McTeague has posted dozens of
full-text articles from mainstream media organizations on his
website, at times without
attribution.
In addition to the articles, McTeague has also reposted many
photographs
associated
with the articles. While it is possible that McTeague has fully
licensed the reproduction
and posting of each article and photograph, this seems unlikely since
the licences
offered by many organizations do not even permit this form of
reproduction. No other Liberal MP appears to have established a similar
practice.
Alternatively, it is possible that McTeague believes that copying
full-text articles and photographs without permission is covered by
fair dealing. If
so, his interpretation would extend beyond the views of virtually any
education
group who typically argue that a portion of an article may be posted or
exceptionally a full article where the poster in engaged in criticism
or review, but that a full text article without more on the open
Internet would rarely constitute fair dealing (particularly when, as in
this case, a paragraph and a link would suffice). Moreover, some of the
articles do not provide attribution to the author and therefore would
not meet the fair dealing attribution requirements. None of the
photographs include attribution.
The more likely scenario is that this is a case of repeated copyright
infringement under which there would be the possibility of hundreds of
thousands of dollars in potential statutory damages. Targeted Canadian
mainstream media organizations include the Globe
and Mail, Postmedia,
Toronto
Star, Ottawa
Citizen, Canadian
Press, CTV,
QMI
(Sun News), Hill
Times, and many local
news organizations.
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Liberal Industry Critic Marc Garneau has submitted a five
page brief
to the CRTC that outlines his party's position on UBB. Garneau sides
with the Public Interest Advocacy Centre in calling for an expanded
review of Internet services. It "fundamentally disagrees" with the
CRTC's claim that Internet service is analogous to utilities such as
electricity or water. It also suggests that UBB is primarily about how
to manage congestion on the network, though there is little to support
claims that there is much correlation between congestion and current
UBB practices.
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A new
petition
has been launched against the Canada - European Union Trade
Agreement.
The inclusion of copyright in the agreement is referenced as reason to
oppose the agreement.
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Russell McOrmond has a clever post
contrasting the responses to election law violations with proposed
reforms to copyright infringement.
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The recently revised Songwriters Association of Canada proposal for
licensed peer-to-peer music sharing garnered considerable
attention
over the weekend. The SAC is no longer seeking legislative change
as
it argues the approach can be adopted through private licensing.
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