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Project 365:27 Movie Addiction by Jenn Vargas (CC BY-NC-ND 2.0) https://flic.kr/p/4asx82

Liberals and NDP Call for Disclosure of Online Video Provider Revenues and Subscriber Data

The Standing Committee on Canadian Heritage concluded a study on the Canadian film industry this week, releasing a report that lists 11 recommendations that generally call for continued industry support. The NDP and Liberals both issued supplementary opinions in which they called for requirements that online video providers (such as Netflix) disclose revenues, Cancon availability, and subscriber numbers to Canadian officials. The NDP recommendation:

the NDP fully supports the recommendation made by Carolle Brabant of Telefilm Canada, who argued that it is vital for over-the-top services to be able to do what traditional platforms and media do, namely, provide government authorities with detailed information about their services, such as consumers’ habits, the Canadian films available, the revenues generated and the costs associated with such services.

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June 11, 2015 26 comments News
Twin Peaks, Plate 2 by Thomas Hawk (CC BY-NC 2.0) https://flic.kr/p/61x4pj

Netflix vs. CraveTV: More Than 90% of CraveTV Titles Are Not Available On Netflix U.S. or Canada

Bell’s recent characterization of Canadians using virtual private networks to access U.S. Netflix as thieves has attracted considerable attention. Yesterday, I posted on why accessing U.S. Netflix is not theft, noting that a minority of Canadian Netflix subscribers use VPNs and arguing that the frustration seems rooted in business concerns rather than legal ones. The post added that Netflix and CraveTV (Bell’s online video service) have little overlap in content. Working with Kavi Sivasothy, one of my research students, we took a closer look at the libraries of Netflix U.S., Netflix Canada, and CraveTV. We relied on AllFlicks.net for the Netflix data and CraveTV’s own A to Z page for its data.

Based on that information, how many titles does CraveTV offer that overlap with Netflix U.S. and are not available on Netflix Canada? Not many. In fact, the data suggests that there are some CraveTV titles that are not available on Netflix U.S., but are available on Netflix Canada. Overall, more than 90 percent of CraveTV’s titles are not available on either Netflix U.S. or Netflix Canada. [UPDATE: Thanks to a reader for pointing out a few omissions from the chart. The error was due to different spelling in the Netflix and CraveTV lists. The numbers have been updated].

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June 9, 2015 32 comments News
Let's sit this one out by spDuchamp (CC BY 2.0) https://flic.kr/p/58upK9

Canadian Copyright Extension Set To Pass Committee As Recording Industry Lobbyist The Only Copyright Witness

The government’s decision to extend the term of copyright for sound recordings to 70 years appears set to pass through the Standing Committee on Finance with practically no debate or analysis. The committee will conduct its clause-by-clause review later today and there is no reason to believe that any changes will be made to the copyright provisions. The committee has conducted extremely limited hearings with only one witness invited to discuss the copyright extension: Graham Henderson, the President of Music Canada (formerly the Canadian Recording Industry Association).

Given the previously released personal letter from Prime Minister Stephen Harper to Henderson on the day of the budget confirming the copyright extension, along with the extensive lobbying on the issue by his organization, it comes as little surprise to find that Henderson was the sole witness invited to appear on the issue as the entire policy change has been driven by record industry lobbying. Yet as Henderson invoked Paul Anka – an accomplished songwriter who undoubtedly generates more revenue from his works that will remain under copyright for many more decades than from sound recordings – the committee heard only press release style comments on the benefits of the change with background documents that cited no specific studies nor hard data about the impact of the reforms.

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June 4, 2015 2 comments News
United Nations of smartphone operating systems by Jon Fingas (CC BY-ND 2.0) https://flic.kr/p/goVRFZ

Canadian Cellphone Freedom Day: Wireless Consumer Protections Now Apply to All

Today is “Cellphone Freedom Day”, the day that most Canadian consumers can say goodbye to three year cellphone contracts. With the Federal Court of Appeal recently rejecting an attempt by the major carriers to stop the retroactive applicability of wireless code as of June 3rd (the two year anniversary of the code), consumers with cellphones that have run for more than 24 months can now cancel their contracts without penalty. That includes consumers with three years contracts that still have time left on their contract. As the CCTS notes:

three-year contracts which have run for more than 24 months can be cancelled without payment of cancellation fees, as the Code requires such fees to be reduced to zero within 24 months. Cancellation of three-year contracts in which the customer received a device subsidy but which have not yet run for 24 months (those entered into between June 3 and December 2, 2013) may still require payment of a cancellation fee.

Since the wireless companies switched to two-year contracts soon after the CRTC’s wireless code decision, there will be relatively few consumers with three year contracts that have not run for 24 months and those will hit the two-year mark within the next few weeks or months.

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June 3, 2015 8 comments News
TED2014_DD_DSC_4086_1920 by TED Conference (CC BY-NC 2.0) https://flic.kr/p/mbS2uD

Law, Privacy and Surveillance in Canada in the Post-Snowden Era

Edward Snowden burst into the public consciousness in June 2013 with a series of astonishing revelations about U.S. surveillance activities. Snowden’s primary focus has centered on the U.S., however the steady stream of documents have laid bare the notable role of allied surveillance agencies, including the Communications Security Establishment (CSE), Canada’s signals intelligence agency. The Canadian-related leaks – including disclosures regarding surveillance over millions of Internet downloads, airport wireless networks, spying on the Brazilian government, and the facilitation of spying at the G8 and G20 meetings hosted in Toronto in 2010 – have unsurprisingly inspired some domestic discussion and increased media coverage on privacy and surveillance issues. Yet despite increased public and media attention, the Snowden leaks have thus far failed to generate sustained political debate in Canada.

I am delighted to report that this week the University of Ottawa Press published Law, Privacy and Surveillance in Canada in the Post-Snowden Era, an effort by some of Canada’s leading privacy, security, and surveillance scholars to provide a Canadian-centric perspective on the issues. The book is available for purchase and is also available in its entirety as a free download under a Creative Commons licence. This book is part of the UOP’s collection on law, technology and media (I am pleased to serve as the collection editor) that also includes my earlier collection on the Copyright Pentalogy and a new book from my colleagues Jane Bailey and Valerie Steeves titled eGirls, eCitizens. All books in the collection are available as open access PDF downloads.

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May 29, 2015 5 comments Books, News