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Prentice Commits to Private Copying Consultation

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Tuesday June 17, 2008
Lost amidst the huge backlash against the Canadian DMCA was a very brief comment from Industry Minister Jim Prentice during his press conference on Thursday.  Although I did not see it discussed in the media, Prentice committed the government to a public consultation on the future of the private copying levy in the fall.  A consultation on the levy is a good thing - the levy system is clearly broken and Bill C-61's format shifting provisions provide an unmistakable signal that the government isn't crazy about it either.  Yet the right approach would have been to consult on copyright more broadly before tabling a bill.  With a bill before the Industry Committee in the fall, the consultation will get completely lost in the process.  Moreover, why a consultation on private copying but nothing on more flexible fair use or crown copyright or the multitude of other important concerns that this bill fails to address.
Comments (22)add comment

a guest said:

...
Obviously they don't plan on going the flexible fair dealing route, which makes sense becaude in practice it can't work - fair dealing would mean whatever you want it to mean.
June 17, 2008

Bill Chalmers said:

...
Why would he even respond with this? Its just a repeat of his spin doctor press release. Every time I read something released by Mr Prentice on this matter I can't help but feel like I am being condescended to. He is battling a very well informed community here and will have to do better than the traditional "its good for you" spin that has worked in the past.

June 17, 2008

a guest said:

...
you mean the "drink the koolaid" response
June 17, 2008

a guest said:

...
Sounds like a pretext to remove the private copying levy, thereby removing the argument that the artists have already been compensated for anything that might be stored on the media.
June 17, 2008

Nattt said:

...
What a joke. Keep the pressure up everyone. Prentice isn't proud of his hack-job of a bill. He's knows it's a botch job.
June 17, 2008

criminal said:

fair dealing
@first comment from the "usual suspect" a.k.a. anonymous coward, village idiot, troll, john d. (not doe ... he knows). I know that the word flexible scares you. Being a retrograde fascist I know you like everything in "order" or better "ordered". What about the right to use whatever you buy as you please if it is just for personal use (and "personal use" is already a restriction). What about using knowledge to generate other knowledge. Life is not all about money (and never will be). Remember you always need others in order to succeed, do not alienate them.
June 17, 2008

Bilbo\'s Sting said:

Troll Slayer
"Obviously they don't plan on going the flexible fair dealing route, which makes sense because in practice it can't work - fair dealing would mean whatever you want it to mean."

Fair dealing would not mean whatever you want it to mean; it is being used perfectly well in the United States and other countries. A fair dealing provision can be drafted various ways to provide guidance to the court when interpreting it. Gradually the concept will take shape as lawsuits comes forward and the public will have clear guidelines from which to follow. The idea is that it is flexible and takes into account unforeseen creative new uses of works (which may be copyrighted).
June 17, 2008

public domain under attack said:

public domain under attack
ya the USA model is great one , the above poster is the troll here. HE would have you beleive that being amercian is great and the thousands upon thousands a extortion fees( lawsuits) are perfect! PERFECT?

Like i said before and i think now i am correct yes we are well informed but i think actually prentice is brain dead or not very smart. This is why he was chosen to do this. If he had a brain he would have had a single idea that may have revolutionized the world. Nope has to toe the line and be another do as bush says man. Even when BUSH and his policies are fastly being seen as the WORST PRESIDENCY EVER.

AND i still see no favorable response regarding non copyrighted works that have the digital locks removed, seems that people would ignore this when it frees culture and out past, without this millions will not see the past and we will be doomed to relive it.
June 17, 2008

can you reach facebook? said:

can you reach facebook?
can you reach facebook?
seems to time out a lot.
June 17, 2008

ND Smart said:

Not trustworthy
Neo-cons are about doing what power and big business tell them to and covering up the unpalatable parts through silence, misdirection, smoke and mirrors, "managing the message" and outright lies (aka 'PR'). Prentice, Harper and the rest of their sorry band of liars. have shown his colours and cannot be trusted, EVER.
June 17, 2008

criminal said:

who\\s the troll
@public domain under attack
Actually the real troll is you. You should read posts deeply before criticizing them. The post from Bilbos sting was a very appropriate answer to the first post in this thread. It wasn't pro American at all. It was just stating the fact that the States have a flexible fair dealing provision and we don't which made our pseudo "made in Canada" DMCA even worst then the American one.
June 17, 2008

WJM said:

...
Where's the Crown copyright consultation?

Where's the consultation on simplifying and clarifying the Act?

Where's the consultation on the practices of the Copyright Board?

Where's the consultation on liberal and flexible fair dealing?

And why would any of these consultations matter, when past consultations either haven't mattered, or, if they have mattered, haven't been public?
June 17, 2008

Troll said:

...
So, we hate the US because of DCMA, but love them because they have flexible fair dealing/use...no wonder this blog is a joke in Ottawa.
June 17, 2008

criminal said:

even worst
We do not love them we are just starting the fact that this DMCA is worst then the American one which is considered the worst DMCA ever even from its on designer. Do not be sarcastic John.
June 17, 2008

a guest said:

...
Troll, you really are just a troll are you? Your last comment is just a big fallacious rhetoric.

If you're going to defend your point of view. Please bring up logical standpoints and not just pointless accusation. No one said anything about loving or hating the US.. Hating the DMCA does not mean hating the US. One can be possible without the other. So either be gone or bring up standpoints that can actually be discussed.
June 17, 2008

Mike B said:

Prentice on Search Engine
Prentice has been interviewed by Jesse of Search Engine and it will be broadcast on Thurs. Too bad they can't do a live show with call-ins.
June 17, 2008

Abraham said:

Digital Locks?
A few years back sony got busted for putting root kits on people's pc's when using their "locked" CD's. My concern is that any CD coming out will have one of these root kits that will allow Sony full access, and that removing or restricting its behavior will be construed as circumventing digital locks. I suspect this bill is going to give copyright companies the right to have permission to my computer.
June 17, 2008

a guest said:

...
Whoa there abraham!

Your computer? I think not, it is mearly a copyright viewing tool, that is to do only what the copyrights holders want. You will agree to unnegotiated contrats (EULA) and install the usage control software. Yes that's right usage control, not copy control, usage control. It's not about copy control, it's about making you pay more, just wait and see. We are on the way to pay per view content... hell pay per person in the room if they can figure out how to do it.

Oh yeah, Unless you use your computer to bypass DRM than it is just plain illegal.


June 17, 2008

TESS said:

Off the Radar
In response to WJM:
"Where's the Crown copyright consultation?
Where's the consultation on simplifying and clarifying the Act?
Where's the consultation on the practices of the Copyright Board?"

The answer to these questions is simple. They are off the main public's radar. While these are legitimate issues, Prentice knows full well that there will likely not be enough of a public outrage on these particular "niche" issues (i.e. Crown copyright)to warrant tackling them - for fear of getting his hands dirty I guess. Sad commentary on the state of our politics I guess.

We need to do a better job of educating Joe Public about how these laws will negatively impact society. I'm planning to write to my MP tonight and I would encourage everybody to do the same...for what its worth...
June 17, 2008

Yurek said:

...
About levy.. what is happening to money they colected from each blank CD/DVD I'm bying?
Any artist got some?
June 18, 2008

Riley August said:

Nope
Nobody ever sees a penny of it. It was unmasked YEARS ago that this is just another tax, and all the money goes to government efforts (aka gets pocketed along the way by various thieves).

Someone needs to remember a few of the old proverbs of politics, most notably "the government that governs best, governs least".

I'm crossing my fingers that there will be some Quebec provision that quashes this with a separation threat. Nobody else has the balls to do anything: it's obvious they won't listen to reason. We need to step it up and use every trick in the book to get these traitors, and their Liberal whine-chorus out of office.
June 18, 2008

La Bill said:

Encouraging Lawsuits
This bill appears to encourage lawsuits, instead of reducing or eliminating them all together. I think you may be able to make a challenge on this one that it violates the "Charter of Rights". If "fair use" for something which you have PURCHASED is not a right, what is?

Yes, the Government is way out of touch and out of their league here. But hey, what did you expect? A solution that is fair to Canadians and contents creators? The framers of this bill don't have it in them to follow such basic democratic principles.
June 19, 2008

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