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The Globe's John Ibbitson has a column
that confirms much of the private speculation about lawful access,
namely that the bill is going nowhere so long as Vic Toews remains
public safety minister. This is consistent with the prevailing view
that Toews is so closely associated with the worst of the bill -
warrantless disclosure of subscriber information, new surveillance
technologies, and divisive us vs. them framing - that a change will be
needed for the bill to come back. Ibbitson focuses on the likelihood of
Parliament proroging before the bill is revamped and returns, yet
speculating on those issues is always difficult. What is certain
is
that lawful access will return at some point, meaning Canadians will
need to remain vigilant to ensure that any future bill addresses the myriad of
concerns associated with Bill C-30.
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Conservative MP Dean Del Mastro offers up one of the oddest copyright
analogies during the C-11 debate, likening format shifting to socks
and shoes.
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The Wall Streeet Journal's MarketWatch picks
up
on Canada's missing digital economy strategy, using the Penske File
framing to discuss the failure of Industry Minister Christian Paradis
to lead on the file.
digital economy, paradis, penske file Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareWednesday May 16, 2012 |
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The government yesterday gave notice
of time allocation
on the Bill C-11 debate, which will cut short the debate over the
copyright bill. The move does not come as a surprise, given the
willingness to use time allocation for other bills and the
Conservatives' consistent position that it will not further amend the
bill. As I've stated repeatedly, there is much to like in Bill C-11
including expanded fair dealing, new consumer exceptions, new rights
for user generated content, the notice-and-notice approach for ISPs,
and the a cap on non-commercial statutory damages (this came up during
the House of Commons debate as Conservative MP Chris Alexander quoted
my comment on some of the balanced provisions but omitted the criticism
on digital locks). Moreover, the decision to reject demands
for website blocking, notice-and-takedown, an iPod tax, and disclosure
of subscriber information suggest that the bill could have been
considerably worse.
However, the decision to leave the digital lock rules unchanged remains
the bill's biggest flaw and given the widespread opposition to the
approach makes a mockery of Canadian Heritage Minister James Moore's
insistence that the bill reflects the public support. Yesterday, Moore defended
the approach:
Read More ...
With regard to digital locks, the
legislation would maintain fidelity within the spirit and intent of the
WIPO treaties, which is that the government does not impose digital
locks or TPMs on anything. We are respecting the rights of those who
wish to protect their own creations with digital measures if they
choose to. This is about empowering citizens, creators, those who
invest in software, video games, movies and television shows. This is
about protecting their right to protect themselves from those who would
steal from them. This is not about the government imposing anything.
This is about respecting international law, respecting WIPO and
respecting those who wish to protect themselves from those who would
steal from them. It is a pretty simple concept.
Meanwhile, Conservative MP Robert Goguen argued
that "if we do not have locks, it will wipe out the industry."
Both comments demand a response. As Moore surely knows, the Bill C-11
approach on digital locks goes far beyond the requirements needed to
respect international law or comply with WIPO. There are dozens of
countries that have implemented digital lock rules with more
flexibility than the Canadian approach. Further, a review
of the creation of the WIPO Internet treaties demonstrates that a more
flexible approach is wholly consistent with their spirit and intent. As
for claims that no locks will wipe out the industry, note that Canadian
digital music sales have now grown faster than U.S. sales for the past
six consecutive years, all without digital lock legislation.
The reality is that the digital lock rules were overwhelmingly
opposed as part of the 2009 national copyright consultation and
generated strong opposition from opposition
political parties, business groups, creator associations, consumer
groups, and education representatives. During the committee
process both the NDP and Liberals proposed
numerous amendments to the digital lock rules, all of which were
defeated. Yesterday, the Green Party's Elizabeth May proposed further
amendments (May cited me in a tweet
on the proposed amendments, but my
help on the digital lock rules was largely limited to pointing to my public
submission
to the Bill C-32 committee). Those amendments are also likely to be
defeated, creating yet one more lost opportunity to amend a bill that
seems destined to pass in much the same form as when it was introduced
in June 2010.
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Ariel Katz has an exhaustive,
4,000 word must-read post
on the Georgia State University fair use decision and some of the
implications for Canadian copyright and the university licensing. Every
Canadian university that signs the Access Copyright letter of intent
today should read this post first.
access copyright, copyright, fair use, gsu, katz Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareTuesday May 15, 2012 |
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Queen's University has announced
it will sign a non-binding letter of intent to accept the Access
Copyright - AUCC deal. The University said the non-binding letter of
intent "will allow the university more time to consider whether to
accept the model licence." Look for many universities to follow suit
today as May 15th is the Access Copyright's imposed deadline for an
indication of support.
access copyright, queen\'s university Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareTuesday May 15, 2012 |
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Bill C-11, the copyright reform bill, is scheduled for debate today,
with a long list of proposed
amendments
from the Green Party's Elizabeth May and from Bloc MP André
Bellavance. Given the government's previous rejection of NDP and
Liberal amendments, there is little reason to believe any of these
proposals with garner support. That said, May's proposals offer
sensible changes to many of the most criticized elements of the bill,
particularly the digital lock rules. Her proposals include:
- linking circumvention to copyright infringement
- creating a new notice requirement for the inclusion of digital
locks
- creating a new qualified circumventer system, similar to that
found in New Zealand
- adding a new digital lock exception to protect minors
- removing the digital lock restrictions for time shifting and
backup copies
- adding a system to allow the Copyright Board to create new
digital lock exceptions
- removing the requirement that students destroy lesson materials
under a new exception within 30 days of the course concludes
- removing the requirement for schools to use digital locks to stop
further communication of lessons subject to a new exception
- removing the requirement that libraries take measures to ensure
digital inter-library loans cannot be used for more than five business
days
A previous May proposal to create new limits to education fair dealing
has been dropped, though she is proposing giving the Governor in
Council the power to create regulations to define "education" for the
purposes of fair dealing.
c-11, copyright, digital locks, elizabeth may, green party Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareMonday May 14, 2012 |
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Access Copyright will likely promote many universities signing its
agreement with AUCC tomorrow, but opposition to the deal continues to
mount across the country:
- the Queen's University Senate will consider a motion
opposing the AUCC - Access Copyright agreement later this month.
- Carleton University's Graduate Students' Association have posted
a public letter
opposing the deal
- the B.C. Library Association passed a resolution
urging universities and colleges "not to capitulate to Access
Copyright's unfair and unreasonable demands"
access copyright, aucc, bcla, carleton, queen\'s Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareMonday May 14, 2012 |
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A U.S. court has released its decision in
a major fair use case involving the Georgia State University
e-reserves. Discussion of the 355 page decision here,
here,
and here.
copyright, fair use, georgia state Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareMonday May 14, 2012 |
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The Yes Men crashed the Trans
Pacific Partnership negotiations on Friday, awarding a fake 2012
Corporate Power Tool Award to the negotiators and distributing
hundreds of rolls of TPP
toilet paper.
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