Bill C-11 has passed the
committee stage last week
and now seems slated to become law before the summer. The Bill C-11
legislative committee recently posted the remaining committee
submissions (C-32
submissions here, C-11
here), which confirm that the government rejected the intense
efforts of some
groups to undo many of the user-oriented provisions. Some of the
demands included:
- remove the user generated content provision
- create a new fair dealing test
- remove new statutory damages limits for non-commercial
infringement
- remove a new exception for educational use of publicly available
materials on the Internet
- add an iPod tax
- add statutory damages to circumvention of digital locks
- force ISPs to keep subscriber data for 3 years after an alleged
infringement
While the extreme demands were rejected, the government also decided
against proposed amendments from many groups such as those representing
the visually impaired, documentary film makers, and librarians. One of
the more notable decisions was to leave untouched a provision that
could create some legal risks for cloud computing based services such
as network-based PVRs. Both Rogers and Shaw raised concerns with the
approach in Bill C-11, yet the government did not amend the provision
in question despite a proposal on point from the Liberals.
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