Post Tagged with: "wilkinson"

The Copyright Pentalogy: Standard of Review and the Courts

Last week the University of Ottawa Press published The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law, an effort by many of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The book is available for purchase and is also available as a free download under a Creative Commons licence. The book can be downloaded in its entirety or each of the 14 chapters can be downloaded individually.

The first section of the book features three chapters focused on important administrative law questions about the standard of review as well as an attempt to place the Supreme Court’s copyright jurisprudence within a larger context. With all five cases originating with the Copyright Board of Canada, the interplay between the Copyright Board and Canada’s appellate courts is at issue throughout the five cases, with two decisions – Rogers Communications Inc. v Society of Composers, Authors and Music Publishers of Canada and Alberta (Education) both specifically discussing standard of review issues.

May 6, 2013 — Comments are Disabled — News

Conference Board Plagiarism Story Front Page News, Gov’t Says It Contributed $15K To Report

The mainstream media has picked up on the story involving Conference Board of Canada's Digital Economy report and concerns about plagiarism and inaccuracies. The Ottawa Citizen features a lengthy piece on the front page of the paper that frames the issue as part of the larger battle over copyright policy […]

May 26, 2009 — 11 comments — News

The Conference Board of Canada’s Deceptive, Plagiarized Digital Economy Report

The Conference Board of Canada bills itself as "the foremost, independent, not-for-profit applied research organization in Canada. Objective and non-partisan. We do not lobby for specific interests." These claims should take a major hit based on last week's release of a deceptive, plagiarized report on the digital economy that copied text from the International Intellectual Property Alliance (the primary movie, music, and software lobby in the U.S.), at times without full attribution. The report itself was funded by copyright lobby groups (U.S. Chamber of Commerce, Canadian Chamber of Commerce, Canadian Anti-Counterfeiting Network, Copyright Collective of Canada which represents U.S. film production) along with the Ontario Ministry of Research and Innovation. The role of the Ontario government obviously raises questions about taxpayer dollars being used to pay for a report that simply recycles the language of a U.S. lobby group paper.

Start with the press release promoting the study, titled "Canada Seen as the File Swapping Capital of the World" which claims:

As a result of lax regulation and enforcement, internet piracy appears to be on the increase in Canada. The estimated number of illicit downloads (1.3 billion) is 65 times higher than the number legal downloads (20 million), mirroring the Organisation for Economic Cooperation and Development’s conclusion that Canada has the highest per capita incidence of unauthorized file-swapping in the world.

While the release succeeded in generating attention, the report does not come close to supporting these claims. The headline-grabbing claim of 1.3 billion unauthorized downloads relies on a January 2008 Canadian Recording Industry Association press release. That release cites a 2006 Pollara survey as the basis for the statement. In other words, the Conference Board relies on a survey of 1200 people conducted more than three years ago to extrapolate to a claim of 1.3 billion unauthorized downloads (the survey itself actually ran counter to many of CRIA's claims). The OECD study that the Conference Board says found the highest per capita incidence of unauthorized file sharing in the world did not reach that conclusion. The report – which is based on six year old data that is now out-of-date – was limited to the 30 OECD countries (not the world) and did not make any comment or determination on unauthorized activity.

That is just the press release – the report itself is even worse as it is largely a copy of the IIPA 2008 Special 301 Report on Canada. Given the lack of attribution in some instances, this work would face possible plagiarism sanctions in almost any academic environment. Even where there is attribution, the chart below demonstrates that the report simply adopts the IIPA positions and language as its own.

May 25, 2009 — 28 comments — News