Columns

Records Indicate Government Misusing Crown Copyright

As Industry Minister Jim Prentice prepares to introduce new copyright legislation, crown copyright is unlikely to be part of the reform package. My weekly technology law column (Toronto Star version, homepage version) notes that according to documents obtained under the Access to Information Act, there may be a disturbing reason behind the government's reluctance to address it – crown copyright costs Canadians hundreds of thousands of dollars while being used as a tool to suppress public criticism of government programs.

Dating back to the 1700s, crown copyright reflects a centuries-old perspective that the government ought to control the public's ability to use official documents. Today crown copyright extends for fifty years from creation and it requires anyone who wants to use or republish a government report, parliamentary hearing, or other work to first seek permission. While permission is often granted, it is not automatic. The Canadian approach stands in sharp contrast to the situation in the U.S. where the federal government does not hold copyright over work created by an officer or employee as part of that person's official duties. Government reports, court cases, and Congressional transcripts can therefore be freely used and published.

The existence of crown copyright affects both the print and audio-visual worlds and is increasingly viewed as a barrier to Canadian film making, political advocacy, and educational publishing.

May 12, 2008 — 24 comments — Columns

Canada’s Wireless Crisis

This week I delivered the opening speech at the annual Spectrum 20/20 conference that focused on the state of Canadian wireless marketplace. As the title of this blog posts suggest, I believe that Canadian wireless is in a state of crisis, with limited competition and high data prices. The talk and slides have been posted to Blip.tv and are embedded below.

Note that I also covered the issue this week in my technology law column (Toronto Star version, Ottawa Citizen version, Vancouver Sun version, homepage version). I begin by noting that last week's announcement that the Apple iPhone will make its long awaited Canadian debut later this year generated considerable excitement. While analysts focused on the bottom line impact for Rogers Wireless, it may be that the most important effects have already been felt in Canada since more than any industry statistics or speeches, the iPhone's slow entry into Canada has crystallized the view that the Canadian wireless market is hopelessly behind the rest of the world with limited competition, higher prices, and less choice.

May 7, 2008 — 25 comments — Columns

Getting Beyond Canada’s Copyright Myths

The Hill Times features a special op-ed I wrote based on my presentation last week at the Public Policy Forum's conference on intellectual property. Getting Beyond Canada's Copyright Myths (Hill Times version (sub required), homepage version) highlights the same five myths discussed in the presentation (video, audio), namely the importance […]

May 4, 2008 — 13 comments — Columns

New CIRA Whois Policy Strikes Balance Between Privacy and Access

My weekly technology law column (Toronto Star version, homepage version) focuses this week on the new CIRA whois policy that is scheduled to take effect on June 10, 2008. The whois issue has attracted little public attention, yet it has been the subject of heated debate within the domain name community for many years. It revolves around the whois database, a publicly accessible, searchable list of domain name registrant information (as in "who is" the registrant of a particular domain name).

May 1, 2008 — 5 comments — Columns

“Three Strikes and You’re Out” Policy Strikes Out

The new baseball season is in full swing, yet in recent months the phrase "three strikes and you’re out" has taken on an entirely different meaning on the Internet. My new technology law column (Toronto Star version, homepage version) reports on how, prodded by content lobby groups, a handful of governments have moved toward requiring Internet service providers to terminate subscribers if they engage in file sharing activities on three occasions. The policy – occasionally referred to as "graduated response" – received support last fall from French President Nicolas Sarkozy, who pressured the private sector to negotiate an agreement to implement the three strikes system. The policy soon attracted global attention as the United Kingdom, Japan, and Australia all announced that they were contemplating a similar approach.

In recent weeks, however, it would appear that governments are beginning to have sober second thoughts. After a Swedish judge recommended adopting the three strikes policy, that country's Ministers of Justice and Culture wrote a public opinion piece setting out their forthcoming policy that explicitly excluded the three strikes model.

Earlier this month, the European Parliament delivered an even stronger rejection.

April 21, 2008 — 7 comments — Columns