Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Copyright

priVacy by Lee Harkness (CC BY-NC-SA 2.0) https://flic.kr/p/9FZSmo

The Case Against the Bell Coalition’s Website Blocking Plan, Part 12: Increasing Privacy Risks for Canadians

The Bell website blocking coalition cites privacy protection as a reason to support its plan, noting the privacy risks that can arise from unauthorized streaming sites. There are obviously far better ways of protecting user privacy from risks on the Internet than blocking access to sites that might create those risks, however. Further, with literally millions of sites that pose some privacy risk, few would argue that the solution lies in blocking all of them. In fact, the privacy argument is not only weak, it is exceptionally hypocritical. Bell is arguably the worst major Canadian telecom company on user privacy and its attempt to justify website blocking on the grounds that it wants to protect privacy is not credible.

Read more ›

March 1, 2018 2 comments News
CC0 Creative Commons https://pixabay.com/en/news-daily-new-information-1703959/

Fair Dealing Support for News Reporting and Public Debate: The Case of Warman and National Post v. Fournier

Having examined the importance of fair dealing for creators and freedom of expression, the fair dealing week posts continue with fair dealing and its support for news reporting and public debate. In recent months, some news organizations have taken aim at fair dealing, arguing that it is a detriment to […]

Read more ›

March 1, 2018 2 comments News
Open Media Day of Action https://openmedia.org/en/feb-28-day-action-against-bell-led-censorship-initiative-join-us

The Case Against the Bell Coalition’s Website Blocking Plan: Canadians Take a Stand Against Site Blocking

The Bell playbook for its website blocking proposal has largely followed a familiar narrative. Much like the “Fair for Canada” campaign in 2013 that was designed to convince Canadians that keeping foreign competitors such as Verizon out of the country was in their best interest, the FairPlay Canada campaign similarly tries to make the case that a coalition of supporters want the CRTC to institute website blocking without court orders. The campaign clearly starts with Bell: they first raised the issue in September at a House of Commons committee hearing, obtained the legal opinion to support the application (it is addressed to Bell), and used a closely allied law firm to draft the application.

Read more ›

February 28, 2018 4 comments News
Aquarium Nov 24th, 2013 by GoToVan (CC BY 2.0) https://flic.kr/p/hSmrXE

Why Fair Dealing Safeguards Freedom of Expression: The Case of the Vancouver Aquarium

Having discussed the importance of fair dealing for creators in yesterday’s post, today’s case looks at the link between freedom of expression and fair dealing. A recent case involving the Vancouver Aquarium placed the spotlight on how fair dealing can be used to safeguard freedom of expression, even when (indeed particularly when) a rights holder may prefer to use copyright to block the expression. In 2015, two film makers created a documentary on the Vancouver Aquarium called “Vancouver Aquarium Uncovered.” The film, which can now be viewed online, focuses on whales and dolphins in captivity. The Vancouver Aquarium filed a copyright infringement action, seeking to have the documentary removed from all public viewings and the deletion of photos and video clips shot at the aquarium.

Read more ›

February 28, 2018 11 comments News
Rolling Rebellion Sparks in Seattle to Defend Internet & Stop the TPP by Backbone Campaign (CC BY 2.0) https://flic.kr/p/r6cgxk

The Case Against the Bell Coalition’s Website Blocking Plan, Part 11: Higher Internet Access Costs for All

The Bell website blocking coalition includes several Internet providers, but there are no smaller, independent ISPs. The absence of smaller ISPs that are essential to the government’s aspiration for greater Internet access competition is unsurprising given the costs associated with site blocking that can run into the millions of dollars with significant investments in blocking technologies and services, employee time to implement blocking mandates, and associated service issues. A mandated blocking system applied to all ISPs in Canada would have an uneven impact: larger ISPs will face new costs but may find it easier to integrate into existing systems (some already block child pornography images), whereas hundreds of smaller ISPs would face significant new costs that would affect their marketplace competitiveness. In fact, larger ISPs might ultimately benefit from higher fees passed along to subscribers and reduced competition.

Read more ›

February 27, 2018 7 comments News