Post Tagged with: "Public Interest"

Copyright Reform 2017 by Giulia Forsythe https://flic.kr/p/T5g5tS (CC0 1.0)

Canadian Government Rejects Access Copyright’s Demand for Statutory Damages

Earlier this year, I wrote about lobbying pressure to “harmonize” statutory damages for copyright collectives. Access Copyright, which supported the measure, argued that the massive escalation in potential damage awards were needed for three reasons: deterrence, promotion of settlement negotiations, and efficient use of court resources. Yet as I argued in this post, none of the arguments rang true.

After months of internal wrangling, the government unveiled its proposed reforms to the Copyright Board yesterday as part of Bill C-86, its Budget Implementation Act. The bill contains many changes requested by copyright stakeholders. With respect to the statutory damages provisions, however, it has rightly left the statutory damages distinction between certain collectives in place, meaning that Access Copyright will not be able to rely on statutory damages for non-payment of tariffs, relying instead on actual damages (if any).

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October 30, 2018 2 comments News

How Canadians Reclaimed the Public Interest on Digital Policy

The fall of 2007 was a particularly bleak period for Canadians concerned with digital policies. The government had just issued a policy direction to the CRTC to adopt a hands-off regulatory approach even as consumer prices for Internet and wireless services were increasing. Meanwhile, the Department of Public Safety held a semi-secret consultation on Internet surveillance where mandatory disclosure of subscriber information was assumed.

Moreover, the CRTC had largely rejected mounting concerns with the way Internet providers managed their networks (often called network neutrality), there were doubts about new wireless competitors entering the marketplace, Industry Canada had seemingly no interest in developing anti-spam laws or updating privacy legislation, the government agreed to participate in negotiations on the Anti-Counterfeiting Trade Agreement, and a copyright bill with virtually no user-oriented provision was being prepared for introduction.

My weekly technology law column (Toronto Star version, homepage version) notes that fast forward five years later and the CRTC has now positioned itself as a staunch defender of the public interest with consumer concerns at the centre of its policy making process, a lawful access bill was introduced in the spring but is viewed as politically dead, the CRTC has crafted and enforced new net neutrality rules, anti-spam legislation has been enacted, there are several new wireless providers and the removal of most foreign investment restrictions, the Anti-Counterfeiting Trade Agreement is discredited after being rejected by the European Parliament, and copyright reform is set to take effect this week with a host of user safeguards and rights.

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November 6, 2012 2 comments Columns

How Canadians Reclaimed the Public Interest on Digital Policy

Appeared in the Toronto Star on November 4, 2012 as How Canadians Reclaimed the Public Interest on Digital Policy The fall of 2007 was a particularly bleak period for Canadians concerned with digital policies. The government had just issued a policy direction to the CRTC to adopt a hands-off regulatory […]

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November 6, 2012 Comments are Disabled Columns Archive

CIRA and the Public Interest

Zak Muscovitch, a Toronto domain name lawyer running for the CIRA board, has an interesting article on the dot-ca administrator and the public interest.

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September 7, 2010 3 comments Must Reads
In the Public Interest: The Future of Canadian Copyright Law Published

In the Public Interest: The Future of Canadian Copyright Law Published

I am delighted to report that In the Public Interest: The Future of Canadian Copyright Law has been published and is now available for purchase or free download under a Creative Commons license (I should note that all royalties will be donated to Creative Commons). I have great hopes for […]

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September 28, 2005 3 comments Books, News