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CRIA at the Copyright Board

The Copyright Board of Canada is currently conducting hearings on a proposed online music services tariff and I dropped by the hearings this morning to hear the conclusion of the questioning of CRIA Graham Henderson.  Henderson, who was joined by Sony BMG counsel C.J. Prudham, had several noteworthy things to say about file sharing lawsuits, P2P usage in Canada, and the growth of online music sales.

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September 13, 2006 6 comments News

30 Days of DRM – Day 26: Investigation of Concealed Code (Circumvention Rights)

Consultations on anti-circumvention exceptions in the U.S. and Australia have raised at least two circumvention rights that involve the right to circumvent to access concealed information contained in software code.  In the U.S., there is a specific exception for circumvention to access the list of websites contained on "block lists" […]

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September 13, 2006 2 comments News

30 Days of DRM – Day 25: Statutory Obligations (Circumvention Rights)

Section 32.1 of the Copyright Act features a list of several exceptions that ensure that the Copyright Act is compatible with other federal statutes that might require copying that would otherwise constitute infringement.  While none of these exceptions are particularly crucial from a user perspective, the principle of consistently retaining […]

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September 11, 2006 Comments are Disabled News

The Final Tally from The Drake

Sam Bulte was briefly back in the political news recently as the Ignatieff campaign announced that they had received her endorsement.  The release brought to mind the last election and the fundraising controversy generated by the fundraiser at the Drake Hotel.  One of the most important aspects of election accountability and transparency are the Elections Act requirements for filing finance returns: candidates for national elections are required to submit a campaign finance return within 120 days of an election campaign and riding associations are required to submit annual reports by June 30th of the following calendar year. 

For those interested in the numbers from The Drake, the information has been a long time in coming. Days before the May 23rd deadline for the election campaign return, Bulte's official agent requested a three-month extension citing lost data and claiming that both the campaign and its bank had lost the records which needed to be reconstructed from microfiche.  Bulte's official agent filed the election campaign return days before the extension deadline and it has just been posted online.  The Parkdale High Park Liberal riding association 2005 annual return has still not been posted.  The riding association was granted a one-month extension in late June after it claimed computer problems.  The association has still not filed that information in violation of the Elections Act and could face possible de-certification.

The election return does provide some insight into Bulte's backers, which is relevant both to close the book on the election controversy and to gauge who is willing to provide financial support to MPs that favour DMCA-style copyright reform.

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September 11, 2006 4 comments News

30 Days of DRM – Day 24: Time Shifting (Circumvention Rights)

Given that my column today focuses on the WIPO Broadcast Treaty, the issue of time shifting and DRM comes to mind.  The concept of time shifting arose from the U.S. Supreme Court decision involving the legality of the Sony Betamax machine.  Arguments before the court focused on the fact that taping television programs simply enabled users to shift the time when they watch the taped program.  More than 20 years later, the VCR (and increasingly DVRs and PVRs) are commonplace and consumers give little thought to the legal consequences of copying television programs.

While such activity is protected in the U.S., there is nothing in the Copyright Act in Canada that would expressly permit time shifting.

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September 11, 2006 1 comment News