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The Globe's John
Ibbitson
on why the government has not made the case for lawful access. Ibbitson
reports that the lawful access legislation will be bundled into a
single bill to be introduced later this month or early next year.
Public Safety Minister Vic Toews issues a non-responsive
response, as noted by David
Fraser.
ibbitson, lawful access Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareMonday December 05, 2011 |
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The New Brunswick Public Library Service represents 61 public libraries
throughout the province. Its submission
to the 2009 copyright consultation included the following on digital
locks:
The circumvention of a digital lock for non-infringing purposes should
be permitted.
An exception should also be made to anti-circumvention clauses to
ensure that access to government information, laws, and court cases are
never inaccessible to Canadians. As citizens, we should have an
inalienable right to access this information. Read More ...
Previous Daily Digital Locks: Provincial
Resource Centre for the Visually Impaired (PRCVI) BC, Canadian
Consumer Initiative, Retail
Council of Canada, Canadian
Council of Archives, Canadian
Teachers' Federation, Canadian
Federation of Students, Canadian
Civil Liberties Association, Documentary
Organization of Canada, Canadian
Library Association, Council of
Ministers of Education Canada, Business
Coalition for Balanced Copyright, Canadian
Association of Research Libraries, Canadian
Historical Association, Canadian
National Institute for the Blind, Canadian
Bookseller Association, Canadian Home
and School Federation, Film Studies
Association of Canada, Canadian Bar
Association, Canadian
Federation for the Humanities and Social Sciences, Appropriation
Art, Privacy
Commissioner of Canada, Association
of Newfoundland and Labrador Archives, Canadian
Association of Law Libraries, Federation
Etudiante Universitaire du Quebec, Canadian
Association of Music Libraries, Archives and Documentation Centres,
Canadian
Association of Media
Education Associations, Association
of Canadian Community Colleges, Association
of Universities and Colleges of Canada, Association
pour l’avancement des sciences et des techniques de la documentation
(ASTED), Canadian
Alliance of Student Associations, CIPPIC, Canadian
Association of University Teachers, City of
Vancouver Archives, Public
Interest Advocacy Centre, Canadian
Association of Educational Resource Centres for Alternate Format
Materials, Canadian
Political Science Association, British
Columbia Teachers' Federation, The Canadian
Association for Open Source, Literary
Press Group of Canada, Writers Guild
of Canada, Association
of Book Publishers of British Columbia, Association
of Canadian Publishers, Campus Stores
Canada
c-11, copyright, digital locks, new brunswick library service Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareMonday December 05, 2011 |
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Switzerland has completed a major
government study on whether new measures are need to address online
copyright infringement. The study concludes
that no new legislative action is needed, citing the high costs and
negative effects of three strikes and you're out policies. It is
noteworthy that Switzerland participated in the Anti-Counterfeiting
Trade Agreement negotiations and has enacted digital lock rules that
link circumvention to copyright infringement.
Switzerland formally enacted legislation to ratify the WIPO Internet
treaties in 2008. Article 39a(4) includes a full exception for
circumvention of TPMs for legal purposes, providing "the prohibition of
circumvention can not be applied to People who are primarily
circumventing for the purpose of a legal use." This broad approach,
which effectively preserves all exceptions in the digital environment,
provides further evidence that linking circumvention to actual
copyright infringement meets the adequacy standard required in the WIPO
Internet treaties and is precisely the technical amendement that dozens
of groups in Canada are calling for in Bill C-11.
c-11, copyright, digital locks, switzerland Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareFriday December 02, 2011 |
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Campus Stores Canada, the national trade association of institutionally
owned and operated campus stores, It has almost 100 member stores
nationwide and more than 80 vendor and supplier associates. The
organization appeared before the Bill C-32 committee and stated
the following on digital locks:
It is important to underline that
fair dealing and other educational gains are undermined with absolute
digital lock protections. By allowing circumvention of digital locks
for non-infringing reasons, legitimate research and uses are not unduly
hindered and creators' protection is maintained.
Read More ...
Previous Daily Digital Locks: Provincial
Resource Centre for the Visually Impaired (PRCVI) BC, Canadian
Consumer Initiative, Retail
Council of Canada, Canadian
Council of Archives, Canadian
Teachers' Federation, Canadian
Federation of Students, Canadian
Civil Liberties Association, Documentary
Organization of Canada, Canadian
Library Association, Council of
Ministers of Education Canada, Business
Coalition for Balanced Copyright, Canadian
Association of Research Libraries, Canadian
Historical Association, Canadian
National Institute for the Blind, Canadian
Bookseller Association, Canadian Home
and School Federation, Film Studies
Association of Canada, Canadian Bar
Association, Canadian
Federation for the Humanities and Social Sciences, Appropriation
Art, Privacy
Commissioner of Canada, Association
of Newfoundland and Labrador Archives, Canadian
Association of Law Libraries, Federation
Etudiante Universitaire du Quebec, Canadian
Association of Music Libraries, Archives and Documentation Centres,
Canadian
Association of Media
Education Associations, Association
of Canadian Community Colleges, Association
of Universities and Colleges of Canada, Association
pour l’avancement des sciences et des techniques de la documentation
(ASTED), Canadian
Alliance of Student Associations, CIPPIC, Canadian
Association of University Teachers, City of
Vancouver Archives, Public
Interest Advocacy Centre, Canadian
Association of Educational Resource Centres for Alternate Format
Materials, Canadian
Political Science Association, British
Columbia Teachers' Federation, The Canadian
Association for Open Source, Literary
Press Group of Canada, Writers Guild
of Canada, Association
of Book Publishers of British Columbia, Association
of Canadian Publishers
c-11, campus stores canada, copyright, digital locks Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareFriday December 02, 2011 |
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Politico covers
the growing international concern with U.S.-based cloud computing
services due to privacy fears.
cloud computing, patriot act, privacy Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareThursday December 01, 2011 |
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The majority Conservatives on Monday defeated
a motion raised by the Liberals to stop Bill C-11 from being sent to
committee and effectively kill the bill. While the vote was a foregone
conclusion, the motion highlights the political divide that has emerged
on the current copyright bill. All opposition parties - NDP,
Liberals,
Bloc, and Greens - supported the motion which
read:
"the House decline to give second
reading to Bill C-11, An Act to amend the Copyright Act, because it
fails to: ( a) uphold the rights of consumers to choose how to enjoy
the content that they purchase through overly-restrictive digital lock
provisions; (b) include a clear and strict test for “fair dealing” for
education purposes; and (c) provide any transitional funding to help
artists adapt to the loss of revenue streams that the Bill would cause".
Read More ...
C-11 will eventually receive second reading and go to committee as the
government clearly has the votes to pass it unchanged. However,
copyright should not be a partisan issue. There is scope for compromise
on all of these issues:
- On digital locks, the solution advocated by the majority of
stakeholders is to link circumvention to copyright infringement.
- On fair dealing, it is to codify the Supreme Court of Canada's
six factor fair dealing test.
- On revenue streams, it is to commit to extending current funding
without the budget slashing planned elsewhere
I wrote about these issues over a year ago with the obvious
roadmap for a compromise. The compromise remains much the same, but
the bigger question is now whether the government is open to it.
c-11, copyright Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareThursday December 01, 2011 |
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The Association of Canadian Publishers represents approximately 135
Canadian-owned and controlled book publishers from across the country.
The membership is diverse and includes publishers from a variety of
genres. Over 80% of Canadian-authored titles are published by the
Canadian-owned sector. The ACP's 2009 national copyright consultation submission
included the following on digital locks:
Penalties for circumventing TPMs must
apply only to cases of actual
infringement. There is no merit in penalizing individuals who
circumvent TPMs but do not distribute the unlocked materials or
otherwise infringe on copyright in a fair-dealing context. The use of
proprietary TPMs tied to reader or player devices must not
be allowed to create an uncompetitive retail environment, or a retail
environment in which Canadian content is only minimally visible or
available to Canadian consumers.
Read More ...
Previous Daily Digital Locks: Provincial
Resource Centre for the Visually Impaired (PRCVI) BC, Canadian
Consumer Initiative, Retail
Council of Canada, Canadian
Council of Archives, Canadian
Teachers' Federation, Canadian
Federation of Students, Canadian
Civil Liberties Association, Documentary
Organization of Canada, Canadian
Library Association, Council of
Ministers of Education Canada, Business
Coalition for Balanced Copyright, Canadian
Association of Research Libraries, Canadian
Historical Association, Canadian
National Institute for the Blind, Canadian
Bookseller Association, Canadian Home
and School Federation, Film Studies
Association of Canada, Canadian Bar
Association, Canadian
Federation for the Humanities and Social Sciences, Appropriation
Art, Privacy
Commissioner of Canada, Association
of Newfoundland and Labrador Archives, Canadian
Association of Law Libraries, Federation
Etudiante Universitaire du Quebec, Canadian
Association of Music Libraries, Archives and Documentation Centres,
Canadian
Association of Media
Education Associations, Association
of Canadian Community Colleges, Association
of Universities and Colleges of Canada, Association
pour l’avancement des sciences et des techniques de la documentation
(ASTED), Canadian
Alliance of Student Associations, CIPPIC, Canadian
Association of University Teachers, City of
Vancouver Archives, Public
Interest Advocacy Centre, Canadian
Association of Educational Resource Centres for Alternate Format
Materials, Canadian
Political Science Association, British
Columbia Teachers' Federation, The Canadian
Association for Open Source, Literary
Press Group of Canada, Writers Guild
of Canada, Association
of Book Publishers of British Columbia
association of canadian publishers, c-11, copyright, digital locks Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareThursday December 01, 2011 |
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Coverage of the Canadian government's decision to seek entry into the
Trans Pacific Partnership trade negotiations with the United States,
Australia, and many other Asian and South American countries has
focused
primarily
on the potential impact on supply management systems
in the dairy and other agricultural sectors. While some believe Canada
will ask for an exemption
for supply management (and some countries view
Canada's entrance into the talks with skepticism), the potential impact
of the TPP on Canadian intellectual property laws should not be
overlooked.
Based on leaks of the current drafts of the TPP
IP chapter, the agreement would overhaul Canadian copyright law far
beyond what is contemplated in Bill C-11. In fact, the TPP would
require even stricter digital lock rules, extend the term of copyright,
restrict trade in parallel imports, and increase various infringement
penalties. If
Canada were to ratify the TPP, it would require another copyright bill
to undo much of what the government is about to enact with Bill C-11. A
recent
study on the implications of the copyright provisions point to many
concerns including:
Read More ...
- extend the current term of copyright protection from the current
Canadian law of life of the author plus an additional 50 years to life
plus 70 years. The additional 20 years goes beyond international law
requirements and has been widely criticized by many groups.
- new digital lock rules that would increase penalties for
circumvention and restrict the ability to create new digital lock
exceptions. While Bill C-11 is far more restrictive than necessary to
comply with the WIPO Internet treaties, it does include a mechanism to
identify new exceptions.
- new statutory damages provisions that could require the
government to reverse the changes found in Bill C-11 that distinguish
between commercial and non-commercial infringement.
- new rights management information rules that would lower the
standard for violation and extend the scope of prohibited activities.
- new enforcement requirements that may require the disclosure of
personal information without any privacy safeguards
- new copyright criminalization requirements even in cases that
"have no direct or indirect motivation of financial gain." The criminal
provision also cover "aiding and abetting", which may be applied to
Internet providers.
- new ISP liability provisions that would require a
notice-and-takedown system contrary to the approach established under
Bill C-11
- a new requirement to provide copyright owners with an exclusive
right to block "parallel trade" of copyrighted works. This would stop
the importation of a copyrighted work from one country where the good
is voluntarily placed on the market to another country where the same
good at the same price is unavailable. The Supreme Court of Canada
looked specifically at these issues several years ago and rejected
attempts to use copyright to stop such activities.
The concerns with the TPP do not stop with copyright. Proposed patent
rules would alter the scope of what is patentable under Canadian law,
extend patent terms, and create triple damage awards for patent
infringements.
In short, the TPP would require a massive overhaul of Canadian
intellectual property law, far beyond that envisioned by either Bill
C-11 or even the Anti-Counterfeiting Trade Agreement. Given the
government's insistence that Bill C-11 represents a balanced approach,
one wonders how it views the TPP's IP provisions, which effectively
involve the U.S. seeking to export restrictions not even found in its
own
domestic laws.
c-11, copyright, digital locks, patents, tpp Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareWednesday November 30, 2011 |
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Adam Guerbuez, who faced an $873 million spam judgement for sending
millions of messages to Facebook users, publicly thanks
lobby groups for delaying Canadian anti-spam legislation and promises
to make political contributions to those listening to his perspective.
guerbuez, spam Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareWednesday November 30, 2011 |
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