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    Canadian DMCA: C-61

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    Angus Calls Out Moore on WIPO: Says Fails to Understand Treaty, Makes Mockery of Copyright Balance

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    Tuesday July 06, 2010
    NDP MP Charlie Angus has issued a lengthy letter to Canadian Heritage Minister James Moore and Industry Minister Tony Clement that challenges them on the digital lock provisions in Bill C-32.  In a release on the letter, Angus states "the digital lock provisions will subject Canadians to arbitrary limitations on their legal rights of access. The government is trying to create the impression that this unbalanced approach to digital locks is necessary in order to bring Canada into compliance with WIPO and the Berne Convention. Nothing could be further from the truth."  He adds:

    "The government is establishing a two-tiered set of rights. Bill C-32 offers rights that consumers will be restricted from exercising. These provisions make a mockery of the claim that the bill is balanced and pro-consumer. Either the government has a faulty understanding of international treaty obligations or is looking to use these existing treaties as a cover to pursue a specific political agenda. The New Democratic Party will challenge any provisions that would lead to unbalanced and arbitrary copyright legislation."

    The letter delves into much greater detail on the digital lock issue, discussing how there is flexibility at international law with Angus emphatically stating "I believe the government will be unable to produce evidence that these onerous digital lock provisions are the result of existing treaty obligations."  As result, Angus makes a formal request that the government seek an opinion from WIPO on the issue of exceptions to digital locks.


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    NDP MP Charlie Angus Responds to Moore's Attacks

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    Wednesday June 23, 2010

    The House of Commons is shut down due to today's earthquake, but I have received a copy of a release from the office of NDP MP Charlie Angus which responds to Canadian Heritage Minister James Moore's attack on fair copyright.  The NDP planned to issue the release today, but cannot due to the office closure.  I was given permission to post the release in its entirety. [update: official release]

    FOR IMMEDIATE RELEASE
    JUNE 23, 2010

    NEW DEMOCRATS CALL MOORE OFFSIDE FOR ATTACKING FAIR COPYRIGHT ADVOCATES
    Minister’s description of ‘radical extremists’ shows he’s in need of a time-out


     


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    Liberals, NDP Both Focus on C-32 Digital Lock Provisions

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    Thursday June 03, 2010
    Reaction from both the Liberals and NDP focus on C-32 digital lock provisions.  Liberal critic Marc Garneau told CBC.ca that the bill seemed to be missing an exception that would allow people to break digital locks if it was for private, non-commercial use.  Meanwhile, the NDP's Charlie Angus argued "the only rights you will get under this bill are those that U.S.-based entertainment concerns decide you get. If the technological protections override those rights, then you have no rights."  Both MPs suggested that fast tracking the bill through summer hearings is not the right approach.
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    DMCA-Style Reforms: "Not a Reasonable Policy To Foster Innovation or Respect for Copyright"

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    Thursday May 27, 2010
    Canwest's Sarah Schmidt features an terrific story in which Industry Minister Tony Clement admits that he has infringed copyright in loading songs onto his iPod.  Like many Canadians, Clement says that he shifted many CDs to his iPod, which now contains over 10,000 songs.  What makes the article noteworthy is not the acknowledgement of infringement - Canadian Heritage Minister James Moore admitted infringing activity in using his PVR last year - but rather the focus on the need to update copyright law by legalizing activities that most Canadians view as perfectly acceptable.  Notes Clement:

    "Well you see, you know I think I have to admit it probably runs afoul of the current law because the current law does not allow you to shift formats. So the fact of the matter is I have compact discs that I've transferred, I have compact discs from my children or my wife that I've transferred onto my iPod. None of that is allowable under the current regime. It shows that the current regime is not realistic and is not modern to encompass how people obtain their entertainment in today's world. That's what happens in a family. You do tend to share music that way and I think most people would find that to be perfectly acceptable behaviour. But our current law is so antiquated, it doesn't contemplate that situation."


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