Articles by: Michael Geist

Ontario Government Emphasizes User Rights in its Copyright Policy for Education

The Government of Ontario’s Ministry of Education has issued a policy memorandum to all provincial elementary and secondary schools regarding the use of copyright-protected works for education. The government’s approach, which takes effect immediately, represents a strong endorsement of users’ rights, citing not only fair dealing but over a dozen additional educational exceptions that are now part of Canadian copyright law.

The government adopts fair dealing guidelines developed by the Council of Ministers of Education, Canada, which largely covers the same copying permitted under an Access Copyright licence. The guidelines, which permit copying of up to 10 percent of a work, a single article, or a chapter from a book, state:

July 8, 2013 — 2 comments — News

Government Trumpets Declining Wireless Prices, but Canada Still Middling in Global Comparisons

The 2013 Wall Communications Report on Canadian wireless and Internet pricing, produced annually for the CRTC and Industry Canada, was released yesterday. The study generated headlines on declining costs for wireless services, with Industry Minister Christian Paradis claiming that government policies were delivering lower prices for consumers. The key takeaway came from yet another shot across the telecom bow from the government:

Our plan is working: important progress has been made and Canadian families are seeing the benefits. The Harper Government will not let this progress be lost or undermined. We will continue. We will not hesitate to use any and every tool at our disposal to protect consumers and promote competition in every region of the country.

The continued focus on wireless competition will be needed since the Wall Communications report also found that Canada is middling at best relative to the other countries in the survey (US, UK, France, Australia, and Japan). In fact, Canada is described as being “on the high side” for virtually every key category, with only the U.S. faring consistently worse.

July 5, 2013 — 1 comment — News

Canadian Telcos Change Tune Over Implementation of CRTC’s Consumer Wireless Code With Lawsuit Threat

The CRTC released its consumer wireless code last month, receiving kudos for new measures that should eliminate three-year contracts. Now the major telecom companies are preparing a lawsuit challenging the rules associated with the implementation of the code. While the code will take effect for any new, renewed, or changed contracts starting on December 2, 2013, the CRTC has stated that all consumers should benefit from the code by June 3, 2015 or two years after its initial release. The telcos object to this position, arguing that it retroactively applies new conditions to contracts that existed prior to the start date of the code. According to an affidavit from SaskTel, the major concern involves the potential for consumers on three-year contracts to walk away from those contracts in June 2015 without further payment, despite terms that could run months longer.

Yet during the wireless hearing, some telcos assured the CRTC that customers would benefit from the code within two years. For example, SaskTel told the Commission that its customers now upgrade their devices (and thus would fall under the code) roughly a year and a half after signing the initial contract:

Customers are turning over their devices in the second to third year. We have introduced an early device upgrade program in October of last year which gives customers the ability to upgrade their device at any time. Since we have implemented that program we’ve seen customers upgrading after about 17.5 months.

July 4, 2013 — 8 comments — News

Why a New Approach To Roaming Could Shake Up the Canadian Wireless Landscape

Having initially dismissed the prospect of Verizon’s entry into the Canadian market, telecom analysts are now seeking to downplay the likely impact, questioning whether Verizon would become a consumer-focused competitor and suggesting its focus may be limited to the corporate market. While the Verizon’s precise plans remain unknown, it seems likely that much of their interest in Canada stems from roaming costs.

Carrier roaming costs (and revenues) are typically shrouded in secrecy, but it seems likely that Verizon faces a significant imbalance when it comes to roaming costs in Canada. Recent reports from both the OECD and BEREC (the Body of European Regulators for Electronic Communications) point to the typical model for roaming costs, with carriers preferring to simply swap traffic with no net payments. The OECD discusses this in an international roaming study released last month:

July 3, 2013 — 5 comments — News

Happy Canada Day: Celebrating Canada’s Digital Policy Success Stories

As Canadians grapple with news of widespread secret surveillance, trade agreements that could upend intellectual property policy, and the frustrations of a failed wireless policy, there are plenty of digital policy concerns. Yet on Canada Day, my weekly technology law column (Toronto Star version, homepage version) argues that it is worth celebrating the many positive developments that dot the Canadian digital policy landscape. Eight of the best include:

1. The Supreme Court of Canada’s strong affirmation of user rights and technological neutrality in copyright. Canada’s highest court stands as the most pro-user court in the world as it has repeatedly emphasized the need to strike a balance between creator rights and user rights. Its decisions, which include a record five copyright cases handed down in a single day last year, are cited by many as the best approach to reward creators and promote new innovation.

July 1, 2013 — 2 comments — Columns