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U.S. Targets Canada Over Copyright in Special 301 Report

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Thursday April 30, 2009
The U.S. Trade Representative released its Special 301 report today, in which it casts judgement on the intellectual property laws of dozens of countries around the world. To the surprise of no one, Canada finds itself playing the role of Bill Murray in Groundhog Day as it once again is target.  In fact, this year the U.S. aims to increase the pressure by elevating Canada to the Priority Watch List (a more sinister designation than the previous Watch List), implausibly claiming that Canada sits alongside countries like Russia and China with its intellectual property laws. 

The move is not unexpected, given recent comments from Vice President Joe Biden and U.S. Congressional panels as well as the demands from U.S. lobby groups.  Those same groups will now dust off their press releases that lament the "embarrassment" of being included on the list (never mind that countries that represent more than 70 percent of the world's population are on the list) and the failure to introduce U.S.-style reforms (never mind that Canada enacted anti-camcording laws in 2007, introduced C-61 last year, is an original negotiating partner in the ACTA negotiations, joined the U.S. as a third party in the WTO copyright complaint against China, etc.).

Hopefully, the Canadian officials will similarly dust off their advice to the Minister, which for the past few years has stated (as obtained under Access to Information):

The Government is disappointed with the United States' decision to include Canada in its [year here] Special 301 "Watch List."  Canada does not recognize the Special 301 process due to its lacking of reliable and objective analysis, and we have raised this issue regularly with the U.S. in our bilateral discussions."

Those same sentiments were expressed by an official at the Department of Foreign Affairs to a House of Commons committee in 2007:


In regard to the watch list, Canada does not recognize the 301 watch list process. It basically lacks reliable and objective analysis. It's driven entirely by U.S. industry. We have repeatedly raised this issue of the lack of objective analysis in the 301 watch list process with our U.S. counterparts.

While this demonstrates that Canadian officials recognize the Special 301 process for what it is (and isn't), it may well be time to take a more aggressive approach.  This year, twenty countries responded to the USTR process, challenging the claims of lobby groups like the IIPA and their possible inclusion on the list.  Some focused on their IP reform efforts, while others challenged the legality of reaching a conclusion of non-compliance.  The strongest came from Israel, which in discussing the view that the absence of anti-circumvention legislation could be the basis for inclusion on the list, stated:

given the industry objections to TPM, it lack of uniform implementation worldwide and its nascent obsolescence, non implementation of TPM can not be the basis for determining that a country, as in the words of the Trade Act of 1974 (19 USC 2242) "denies adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection.

I think Israel is on the right track here (though it too was elevated to the Priority Watch List).  It is not enough to say that the Special 301 process is unreliable and lacks objectivity.  Canadian officials must counter claims that Canada - which is compliant with its international obligations and has been a major partner for the U.S. on international IP matters - should be included at all.

Update: Here the come the lobbyist releases - the MPAA, Entertainment Software Association, and IIPA all celebrate Canada's inclusion on the list.

Comments (17)add comment

United Hackers Association said:

Time for a pirate party in canada
the hell with the established morons that get nothgn done , im sick of the crap i keep hearing aobut my great country , when they steal softwood lumber cash and our jobs.

Copyright is a right like driving a car thats being abused, and is it not traitorous to be doing what another country wants when the majority of your own country wishes that not so?

TIME to start calling conservatives traitors and anyone that would stand up for any more then a 15 year copy right let alone a 10 year one.
April 30, 2009

Anon said:

What a joke
Whining about Canada not implementing a treaty that we signed... I have 5 words in response "Comprehensive Nuclear Test Ban Treaty".

"by giving its customs officers the authority to seize products suspected of being pirated or counterfeit without the need for a court order". Please refer to the Canadian Charter of Rights and Freedoms, Part I, section 8. To accede to US government demands would, in my mind, mean that we are a country where the rule of law no longer applies. USTR, make up your mind. Of course, I could always make the accusation that anything entering Canada with a Warner Bros, or any other Hollywood studio, label is counterfeit so it would be seized... that would of course raise a NAFTA challenge...
April 30, 2009

Um said:

How about
Maybe they should just take all the money they spend on stuff related to this, and give it out to the people that would be affected by this so called "IP theft". They are wasting everyone's time
April 30, 2009

Jean Naimard said:

Well, if the sionists complain…
Well, if the sionists complain, you can bet your arse the US will comply to their demands.
April 30, 2009

Phil said:

none
As a U.S citizen (of partly Canadian heritage, it may be noted) let me say that I pretty much agree with you. It seems that most of our laws these days are driven by business/lobbying interests without concern for the majority. But c'mon, United Hackers Association; we really don't steal your jobs. I mean, there are more Canadians working in the U.S. than there are U.S. citizens working in Canada, eh?
April 30, 2009

Len said:

Seem Wong!
I don't get why the U.S. always has to pick on Canada.
Last I check we are their biggest trading partners and their strongest ally in my of their fights.
I think over the years the American government has forgotten all that Canada has done for them.
Keep picking on your allies and you won't have any allies left.
May 01, 2009

Dig said:

...
"It seems that most of our laws these days are driven by business/lobbying interests without concern for the majority."

This.

America has the opportunity to be a vastly better place to live than it is now, but the masses of ignorant sheep completely prevent that from happening. Many Americans are so concerned with other people's business that the principles of freedom, pursuit of happiness, and privacy are so deteriorated it's no longer valid to label America has a democracy. Freedom gives way to legislation; legislation gives way to exploitation; exploitation is the american dream.
May 01, 2009

Creidim said:

Copyright as a fiat good...
This was the writing on the wall 10+ years ago. After outsourcing all their manufacturing base, 'IP' is all the USA has to generate money with. If you read the article on the G&M website you get some choice quotes like:

"“Canada remains woefully behind the rest of the developed world (and many countries in the developing world as well) in adopting critical legislation that will facilitate the development of a healthy online marketplace for copyright materials,” said Eric Smith"

Healthy Online Marketplace = US Companies exploiting 3rd world agriculture (Monsanto) or taking stories passed down over generations, making cheezy animated versions and reselling it to us over and over with each new 'special special before we lock it away in the vault' editions (Disney)

Copyright is necessary, and Criminal copyright infringement should be punished severely. This whole 'Intellectual Property' we can own an /IDEA/ BS that the US pushes, is inane and thanks to groups like A2K, and scholars like Lessig and Geist, people are beginning to see how something that was designed to further human knowledge has been used instead to just further corporate profits and stifle innovation and creativity.

http://www.lulu.com/content/602488

May 01, 2009

motorheadabega said:

Americans ARE thieves
Phil said "But c'mon, United Hackers Association; we really don't steal your jobs..."

Americans DID steal $5BILLION dollars they originally charged for a softwood levy that their own NAFTA appeals process found to be ILLEGAL, but that they just decided not to pay back. Must be nice.

Let US Federal Gov't pay off their crybaby record companies out of that $5B and get them the @#$% out of our domestic policy.

Or just invade us already and get it over with :(
May 01, 2009

jv said:

...
One of the biggest sources of piracy in North America right now has to be the poorly encrypted Dish satellite signals that pirates easily tap into. Seems to me they are in the US. Wolverine wasn't leaked from Canada but was from the US. The Metalica album was leaked from the US etc, etc.

Like enviromental issues it is easier to highlight some one else's issues than it is to deal with your own.
May 01, 2009

Soothsayer3 said:

Fool
United Hackers Association said:
"TIME to start calling conservatives traitors and anyone that would stand up for any more then a 15 year copy right let alone a 10 year one."


You sir are a moron. Biden is a flaming LIBERAL, not a Conservative. Liberals will feed you to the lions (riaa) far far sooner than the Cons ever will.
May 03, 2009

Riley August said:

Treason
No, Biden is a conservative. There is no active liberal party in the US. Democrats are right-wing moderate conservatives, Republicans are a mess going from strong right-wing to extremist.

I think, however, he meant Stephen Harper, who IS a traitor to Canada and to humanity. He was elected on principles of transparency, provincial rights, and a strong, independent nation on the international stage. In all cases he has done nothing but the opposite. Time to get this stooge OUT! We need to get off this runaway train. The "American Dream" is over, and it infected us far too much.
May 05, 2009

Maury Markowitz said:

Some good, some bad
"by giving its customs officers the authority to seize products suspected of being pirated or counterfeit without the need for a court order"

I think this is a fine idea, a bone we can throw the US without having any real downside.

The concern here is the flow of pirate burned DVD's which flow out of China, in particular, and other countries like Canada as well. Internet piracy gets all the press, but from the conversations I've had with people in the industry, it's not a real concern - yet. Anyone can figure out how to buy a $2

We accede to similar laws in the case of child abduction or contraband drugs, so the claim that this is too scary to contemplate is clearly unfounded. Perhaps one might suggest that there's no comparison in terms of "real damage" - who cares about a DVD?

But that cuts both ways - exactly what is the economic damage to an individual that has a single legit DVD removed without a warrant? $20? And is this really something we expect to happen? I give the CBSA credit for being able to tell the difference between my copy of Greatest American Hero and a trunk full of 1500 bubble-jet printed copies of the latest cookie-cutter Hollywood action movie.

Maury
May 06, 2009

anonymous said:

Copyright
Hell with america. They can take their copyright laws stick up RIAA rear.

F*!# RIAA and america
May 10, 2009

K.S.Sailesh said:

Seems to be a harsh step
To increase the pressure by elevating Canada to the Priority Watch List is not that good as Canada should not be counted like other countries and if there are any differences with Canada that can be resolved through negotiations.

Important phone numbers, http://www.FreePhoneList.com
December 30, 2009

K.S.Sailesh said:

There should be a common Intellectual Property Law for all the countries
Though it is better to have a common law for every countries when we talk about intellectual property rights because if the definition varies countries to countries it wont be that easy to protect Intellectual property rights.

Important phone numbers, http://www.FreePhoneList.com
December 30, 2009

tushar joshi said:

Greate post, every one have to read this
thanks for this information, it helps me a great.

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February 08, 2010

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