Archive for April, 2007

Public Participation. Last Post.

In light of some recent events, the neutrality.ca site as well as the partner site kevin-mcarthur.com will either change ownership or stop existing as of April 25. This development stems from some recent events and the efforts by certain anti-neutrality interests to discourage public participation within the Net Neutrality debate […]

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April 19, 2007 Comments are Disabled Neutrality

Australian Court Issues Fair Dealing Ruling

Interesting report this morning from Australia where a court has ruled that showing two minute clips of rugby highlights within a news report qualifies as fair dealing.

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April 19, 2007 Comments are Disabled Must Reads

Conservative MP Introduces ‘Clean Internet Act’

Conservative MP Joy Smith yesterday introduced the Clean Internet Act (Bill C-427).  The private member's bill would establish an Internet service provider licensing system to be administered by the CRTC along with "know your subscriber" requirements and content blocking powers.  Just about everything associated with this bill is (to be […]

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April 19, 2007 47 comments News

Telus Claims Unlocking Cell Phones Constitutes Copyright Infringement

Several readers have pointed to a new CBC article on locked cellphones that includes the following comment from a Telus executive:

"In our world, we don't honour unlocked handsets," said Chris Langdon, Telus vice-president of Network Services. "Unlocking a cellphone is copyright infringement. When you buy a handset from a carrier, it has programming on the phone. It's a copyright of the manufacturer."

The issue of locked vs. unlocked cellphones is an important one, particularly in light of the recent introduction of wireless number portability (which theoretically facilitates consumer movement between providers) and the possible introduction of anti-circumvention legislation that could indeed render unlocking a cellphone a matter of copyright infringement.  At the moment, I think the Telus position is simply wrong.  Leaving aside the fact that many cellphones are available unlocked (or unlocked by the carrier after the initial contract expires), I am not aware of anyone who has argued that conventional copyright law would prohibit unlocking a cellphone and Canada does not [yet] have anti-circumvention legislation. 

In the U.S. there was concern that unlocking a cellphone would violate the DMCA by constituting a circumvention of technological protection measure.  

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April 18, 2007 18 comments News

SOCAN Seeks $60 Annual Podcaster Fee

Sara Bannerman reports from day one at the Copyright Board of Canada's Tariff 22 hearings (more on Tariff 22 in my recent column on webcasting) noting that SOCAN opened the proceedings by reducing proposed tariffs for amateur podcasters, community and campus radio stations, and simulcasters.  The new SOCAN proposals are: […]

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April 18, 2007 6 comments News