Archive for October, 2010

Locking Out Lawful Users

Osgoode Hall Law School professor Carys Craig has a great post at the IP Osgoode site on her article in From â€œRadical Extremismâ€ to â€œBalanced Copyrightâ€: Canadian Copyright and the Digital Agenda, the copyright book from Irwin Law that officially launches tomorrow. Craig’s article focuses on two key aspects of Bill C-32: the fair dealing reforms and the impact of the digital lock provisions. On fair dealing, Craig brings much-needed perspective to the fair dealing reform, which has been the target of an ongoing fear mongering campaign that implausibly and inaccurately claims that it will erode Canadian culture. Rather, Craig notes:

Educational, parodic and other transformative uses have long been recognized as potential fair uses in the United States. Indeed, the need to expressly include these specific exceptions in Canada speaks more to the shortcomings of the Canadian approach to fair dealing (in contrast to US fair use) than it does to the pursuit of a genuine balance between owners and users in the copyright reform process.

Craig reserves her harshest criticism for C-32’s digital lock provisions, which she describes as “unduly expansive,” concluding:

October 13, 2010 — 30 comments — News

GAO Report on Broadband Competitiveness

The U.S. Government Accountability Office has issued a new comparative study on broadband competitiveness, that finds that mandated open access is a consistent characteristic of countries that are successful in helping to facilitate a competitive environment.

October 13, 2010 — Comments are Disabled — News

Liberals, NDP Support Net Neutrality Audits

The SaveOurNet Coalition has released a new report on the three main political parties positions on net neutrality. It finds that both the Liberals and NDP support mandatory net neutrality audits by the CRTC to ensure that ISPs are compliant with the Commission’s traffic management guidelines.

October 13, 2010 — 2 comments — News

ACTA Conclusion Leaves Flexibility for Made-in-Canada Approach

Negotiations on the Anti-Counterfeiting Trade Agreement concluded earlier this month, with Canada, the United States, the European Union, and a handful of other countries releasing the text of a near-complete agreement. While several key issues are still unresolved, no further negotiation rounds are planned as participants plan to use the coming weeks to iron out the remaining differences.

My weekly technology law column (Ottawa Citizen version, homepage version) notes that for many Canadians, a core concern with the agreement was the possibility that it could severely limit the ability to establish a made-in-Canada approach on copyright and intellectual property policy. Indeed, NDP Digital Affairs Critic Charlie Angus raised the issue in the House of Commons last year, noting that ACTA could undermine domestic policy.

October 12, 2010 — 14 comments — Columns

ACTA Conclusion Leaves Flexibility for Made-in-Canada Approach

Appeared in the Ottawa Citizen on October 12, 2010 as Counterfeiting Treaty Leaves Room for Made-in-Canada Approach Negotiations on the Anti-Counterfeiting Trade Agreement concluded earlier this month, with Canada, the United States, the European Union, and a handful of other countries releasing the text of a near-complete agreement. While several […]

October 12, 2010 — Comments are Disabled — Columns Archive