Post Tagged with: "notice and notice"

46/365 Intellectual Property by Traci Lawson (CC BY 2.0) https://flic.kr/p/63hXJc

Tackling IP Misuse: Canada Takes the Lead in Combating the Dark Side of Intellectual Property Protection

Navdeep Bains, Canada’s Innovation, Science and Economic Development Minister, unveiled the government’s long-awaited intellectual property strategy Thursday by responding to the need to increase IP awareness, develop new IP tools for businesses, and counter IP misuse that harms both consumers and businesses. The plan to introduce new legislative rules to discourage misuse of intellectual property is particularly noteworthy since the rules should help foster a more progressive, balanced, and innovative legal framework.

My Globe and Mail op-ed notes that with proposed reforms to all of Canada’s main IP statutes, the government is taking the lead in combating the dark side of intellectual property protection. Since abuse of intellectual property rights may inhibit companies from innovating or discourage Canadians from taking advantage of the digital market, crafting rules that address misuse can be as important as providing effective protection.

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April 27, 2018 5 comments Columns
Notice and Notice notice

Why Has the Government Failed to Act on Copyright Notice-and-Notice When Internal Docs Raise Abuse and Fraud Concerns?

Canada’s copyright notice-and-notice system has been the subject of controversy and misuse since the moment it launched in 2015.  The system was intended to educate the public on copyright and reduce infringing activity through awareness (experience indicated the approach worked), but has been misused by copyright owners who have used it to send millions of settlement demands to unsuspecting Canadians.  The misuse of the system was even the subject a question to Prime Minister Justin Trudeau during question period earlier this year.

While fixing the problem should be relatively easy – new regulations could prescribe precisely what may be included in the notice or there could be a prohibition on including settlement offers or demands within the notices – but the government has dragged its feet on the issue. The Conservatives knew there was a problem, but instead chose to prioritize extending the term of copyright for sound recordings after a behind-the-scenes lobbying campaign. The Liberals have similarly not acted on the issue, putting Copyright Board reform ahead in the queue.

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September 13, 2017 14 comments News
comcast_six_strikes_alert by aaron_anderer (CC BY-ND 2.0) https://flic.kr/p/dYokuc

Copyright Misuse Emerges as a Political Issue: QP Questions on Notice-and-Notice Abuse

The problems associated with Canada’s copyright notice-and-notice system have been well chronicled. The Canadian system – which was acknowledged as equivalent to the U.S. notice-and-takedown approach in the TPP – allows rights holders to send notifications alleging infringement to intermediaries who are obligated to forward the notifications to their subscribers. The intermediary does not disclose the identity of the subscriber and it falls to the rights holder to pursue further action if they so choose. Unfortunately, the failure to include regulations stipulating what may be included in a forwarded notice has led to rampant misuse of the system, with anti-piracy companies sending millions of notifications that include demands for payments over unproven allegations.

The need to fix the notice-and-notice system should be a 2017 Copyright Act review priority, though the solution lies in adopting regulations that do not require a legislative overhaul. The issue is attracting increasing attention and made its way onto the floor of the House of Commons this week as NDP MP Brian Masse directly asked Prime Minister Justin Trudeau about it:

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June 9, 2017 2 comments News
You Can Click But You Can't Hide by Thomas Hawk (CC BY-NC 2.0) https://flic.kr/p/25LtL

The Copyright Lobby’s IIPA Report: Fake News About the State of Canadian Copyright

The International Intellectual Property Alliance (IIPA), a lobby group that represents the major lobbying associations for music, movie, software, and book publishing in the United States, has released its submission to the U.S. government as part of the Special 301 process. The Special 301 process leads to an annual report invariably claiming that intellectual property rules in the majority of the world do not meet U.S. standards. The U.S. process has long been rejected by the Canadian government, which has consistently (and rightly) stated that the exercise produces little more than a lobbying document on behalf of U.S. industry. The Canadian position, as described to a House of Commons committee in 2007 (and repeated regularly in internal government documents):

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.

The lack of credibility stems in part from the annual IIPA submission. While the submission generates some media attention, this year’s falls squarely into the category of fake news. The IIPA focuses on three concerns: piracy rates in Canada, the notice-and-notice system for allegations of infringement, and fair dealing. None of the concerns withstand even mild scrutiny and each is addressed below.

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February 22, 2017 13 comments News
voltage by cm2175 (CC BY-NC-ND 2.0) https://flic.kr/p/47tZF7

Canadian File Sharing Lawsuit Could Upend Copyright Privacy Protections

The centerpiece of Canada’s 2012 digital copyright reforms was the legal implementation of the “notice-and-notice” system that seeks to balance the interests of copyright holders, the privacy rights of Internet users, and the legal obligations of Internet service providers (ISPs). The law makes it easy for copyright owners to send infringement notices to ISPs, who are legally required to forward the notifications to their subscribers. The personal information of subscribers is not disclosed to the copyright owner.

Despite the promise of the notice-and-notice system, it has been misused virtually from the moment it took effect with copyright owners exploiting a loophole in the law by sending settlement demands within the notices.

My weekly technology law column (Toronto Star version, homepage version) notes that the government has tried to warn recipients that they need not settle – the Office of Consumer Affairs advises that there are no obligations on a subscriber that receives a notice and that getting a notice does not necessarily mean you will be sued – yet many subscribers panic when they receive notifications and promptly pay hundreds or thousands of dollars.

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June 28, 2016 2 comments Columns