News

The IP Lobby’s Post-Bill C-11 Playbook: ACTA, SOPA, Warrantless Search and the Criminalization of IP

The Canadian intellectual property’s lead lobby group, the Canadian IP Council (itself a group within the Canadian Chamber of Commerce) released a new policy document yesterday that identifies its legislative priorities for the coming years. Anyone hoping that the SOPA protests, the European backlash against ACTA, and the imminent passage of Bill C-11 might moderate the lobby group demands will be sorely disappointed. Counterfeiting in the Canadian Market: How Do We Stop It? is the most extremist IP policy document ever released in Canada, calling for the implementation of ACTA, SOPA-style rules including website blocking and stopping search results from resolving, liability for advertisers and payment companies, massive surveillance at the border and through delivery channels including searching through individual packages without court oversight, and spending hundreds of millions of tax dollars on private enforcement.

This long post reviews the report, focusing on the case it makes for addressing counterfeiting concerns in Canada and on the resulting recommendations. The recommendations are divided into five main groups:

  1. Introduce a Canadian SOPA
  2. ACTA Implementation
  3. New Search Powers Without Court Oversight
  4. The Criminalization of Intellectual Property
  5. Massive Increase in Public Spending Creating an IP Enforcement Subsidy

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June 8, 2012 59 comments News

Recording Industry Data Shows Canada a Global Leader For Paid Digital Downloads

The IFPI, the global recording industry association, recently released its Recording Industry in Numbers 2012, which provides detailed sales data from countries around the world. Years ago, the Canadian Recording Industry Association would promote its annual sales data, but it no longer does. Perhaps that is because the data tells a far different story from the one CRIA (now Music Canada) seeks to promote. While CRIA talks about “rebuilding the marketplace”, the industry’s own data indicates that Canada already stands among the global leaders in digital music sales.

The most obvious metric (and one relied upon by IFPI) is paid digital music downloads. According to the IFPI data, Canadians purchased 94.2 million single track downloads in 2011, making it the third largest market in the world (trailing only the U.S. and UK). The Canadian numbers represented a 39% increase in sales, far ahead of the U.S. (8% growth) and U.K. (10% growth). The data shows Canadians purchased more single track downloads than Germany or Japan, and more than double the sales in France, despite the fact that each of those countries has far larger populations. In fact, Canadian sales were larger than all the sales from Austria, Belgium, Croatia, Finland, France, Greece, Ireland, the Netherlands, Portugal, Spain, and Sweden combined. Moreover, given the current growth rates, Canada seems likely to pass the U.S. on per capita single track downloads in about 18 months (not coincidentally iTunes entered the Canadian market 18 months after it debuted in the U.S.).

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June 6, 2012 13 comments News

Paradis Promises Digital Economy Strategy By Year End

Industry Minister Christian Paradis put a timeline on the “Penske File” yesterday, promising to deliver a Canadian digital economy strategy by the end of the year.

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June 6, 2012 3 comments News
Removing Telco Foreign Ownership Restrictions: My Appearance Before Senate Committee on Transport & Comm

Removing Telco Foreign Ownership Restrictions: My Appearance Before Senate Committee on Transport & Comm

The Senate Committee on Transport and Communications is conducting a pre-study on the changes to the Telecommunications Act contained in Bill C-38, the omnibus budget implementation bill. Last week, the committee heard from Industry Minister Christian Paradis and from the CRTC. This morning, I’ll appear before the committee to speak in support of removing the telecom foreign ownership restrictions.  My planned opening remarks:

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June 5, 2012 5 comments Committees, News