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Tuesday April 29, 2008 |
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The Canadian Federation of Students, representing a half million students from coast to coast, just released its position paper on copyright reform. The CFS position includes support for a more flexible fair dealing provision, rejection of the AUCC/CMEC educational exemption, calling for balanced TPM measures, implementation of a notice-and-notice approach, elimination of crown copyright, and limits on statutory damages. Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareTuesday April 29, 2008 |
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Wednesday April 23, 2008 |
The Standing Committee on Industry, Science and Technology has commenced the hearings on Canada's science and technology policy. There are a handful of submissions online including CIPPIC, Tracey Lauriault, Russell McOrmand, the BCLA, and the Canadian Association of Broadcasters. My submission is posted below: Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareWednesday April 23, 2008 |
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Wednesday April 16, 2008 |
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Together with my colleague Jeremy deBeer, I recently contributed an essay titled Developing Canada's Intellectual Property Agenda to the annual Canada Among Nations (2007). Our article, which is available online in PDF or via SSRN, argues that Canada should lead by example on intellectual property by adopting flexible, balanced policies that can serve as a model for many other similarly situated countries. For example, we note that on the international stage, Canada is ideally suited to break from the developed world pack by assuming a leadership role as part of the WIPO Development Agenda. We also identify at least five areas should be addressed on the domestic front - more flexible fair dealing, a Canadian-based approach to WIPO Internet treaty implementation, protection for and from technological protection measures, fostering a robust public domain by rejecting any copyright term extension, and establishing a balanced system for Internet intermediaries. Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareWednesday April 16, 2008 |
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Thursday April 10, 2008 |
New Zealand passed its digital copyright law this week, drawing the ire of the technology community and the blogosphere. While the bill isn't great, many of the provisions are far better than what Industry Minister Jim Prentice may have in mind for Canada including format and time shifting provisions as well as anti-circumvention provisions that are more flexible than those found in the DMCA. In fact, the anti-circumvention provisions are arguably the best of any country, since they are compliant with WIPO, limited in scope, and seek to preserve fair dealing rights. On the anti-circumvention front, there are several things to note: - the technological protection measures (TPMs) expressly exclude access controls such as region coding. In other words, the anti-circumvention provisions do not apply to devices that "only controls access to a work for non-infringing purposes."
- the legislation targets anti-circumvention devices, but excludes those devices that have something more than "limited commercially significant applications" other than circumventing a TPM.
- the law prohibits making, selling, distributing, advertising, or offering a circumvention device if the person "knows or has reason to believe that it will, or is likely to, be used to infringe copyright." The inclusion of a knowledge requirement creates an additional safeguard against overbroad application of the provision.
- most importantly, the law clearly permits circumvention for "permitted acts", which effectively preserves fair dealing rights (the statute also specifies the right to circumvent for encryption research). More impressive, the law includes a system to facilitate circumvention for permitted acts in the event that users are unable to circumvent a TPM themselves. In such cases, the law allows a "qualified person", which includes librarians, archivists, and educational institutions, to circumvent a TPM on behalf of a user (the user can also ask the copyright owner to unlock the work for them).
Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareThursday April 10, 2008 |
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