Articles by: Michael Geist

Do Data Caps Punish the Wrong Users?

A new study finds that the answer is yes.

December 1, 2011 — Comments are Disabled — News

Conservatives Defeat Liberal & NDP Bid to Block C-11

The majority Conservatives on Monday defeated a motion raised by the Liberals to stop Bill C-11 from being sent to committee and effectively kill the bill. While the vote was a foregone conclusion, the motion highlights the political divide that has emerged on the current copyright bill. All opposition parties – NDP, Liberals, Bloc, and Greens – supported the motion which read:

“the House decline to give second reading to Bill C-11, An Act to amend the Copyright Act, because it fails to: ( a) uphold the rights of consumers to choose how to enjoy the content that they purchase through overly-restrictive digital lock provisions; (b) include a clear and strict test for â€œfair dealingâ€ for education purposes; and (c) provide any transitional funding to help artists adapt to the loss of revenue streams that the Bill would cause”.

December 1, 2011 — 36 comments — News

The Daily Digital Lock Dissenter, Day 42: Association of Canadian Publishers

The Association of Canadian Publishers represents approximately 135 Canadian-owned and controlled book publishers from across the country. The membership is diverse and includes publishers from a variety of genres. Over 80% of Canadian-authored titles are published by the Canadian-owned sector. The ACP’s 2009 national copyright consultation submission included the following on digital locks:

Penalties for circumventing TPMs must apply only to cases of actual infringement. There is no merit in penalizing individuals who circumvent TPMs but do not distribute the unlocked materials or otherwise infringe on copyright in a fair-dealing context. The use of proprietary TPMs tied to reader or player devices must not be allowed to create an uncompetitive retail environment, or a retail environment in which Canadian content is only minimally visible or available to Canadian consumers.

December 1, 2011 — Comments are Disabled — News

The Copyright Costs of Joining the TPP: Extending Bill C-11 With More Digital Locks & Penalties

Coverage of the Canadian government’s decision to seek entry into the Trans Pacific Partnership trade negotiations with the United States, Australia, and many other Asian and South American countries has focused primarily on the potential impact on supply management systems in the dairy and other agricultural sectors. While some believe Canada will ask for an exemption for supply management (and some countries view Canada’s entrance into the talks with skepticism), the potential impact of the TPP on Canadian intellectual property laws should not be overlooked.

Based on leaks of the current drafts of the TPP IP chapter, the agreement would overhaul Canadian copyright law far beyond what is contemplated in Bill C-11. In fact, the TPP would require even stricter digital lock rules, extend the term of copyright, restrict trade in parallel imports, and increase various infringement penalties. If Canada were to ratify the TPP, it would require another copyright bill to undo much of what the government is about to enact with Bill C-11. A recent study on the implications of the copyright provisions point to many concerns including:

November 30, 2011 — 23 comments — News