61 Reforms to C-61, Day 43: ILTs - Safe Harbour Largely Illusory |
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Wednesday August 20, 2008
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The inclusion of provisions for "Information Location Tool Providers" - ie. search engines - was a bit of a surprise. The ILT provisions unexpectedly appeared in Bill C-60 and there were concerns expressed with the approach adopted by the government. ILT provisions are back in C-61 with the focus on providing a legal safe harbour for search engines. The approach is to remove financial liability for ILTs for reproducing or communicating a work provided that they meet certain conditions. While that makes sense, the implementation leaves much to be desired. Indeed, as currently worded most search engines would not qualify for the safe harbour. Section 41.27(2) provides that ILTs only qualify for the safe harbour if they meet six conditions. These include:
Comments (2)
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Ryan H
said:
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... Ironically, many torrent/file sharing search engines seem to comply better with these restrictions than many mainstream search engines. At the same time they are creating problems for legitimate tools, the lobbyists promoting this bill may reap some unindented consequences. |