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Canadian Government Has Consulted on Copyright but Won’t Consider How Its Law Will Be Enforced

The government imposed time allocation yesterday on Bill C-11, a move that will wrap up second reading debate on the copyright reform bill on Friday and send it to the Bill C-11 committee soon thereafter. While the government’s overuse of time allocation is certainly a concern, the debate is not over and several well coordinated tweets of support hardly mask the huge public concern with the bill’s digital lock rules and proposed SOPA-style amendments proposed by several copyright lobby groups that has generated tens of thousands of emails to MPs in recent days. As described further below, the opposition stems from rules that will have an impact on the legitimate activities of millions, creating barriers to creators, students, journalists, researchers, and the visually impaired.

During yesterday’s debate, several Conservative MPs emphasized that the copyright bill is one of the most consulted pieces of legislation in recent memory.  For example, Canadian Heritage Minister James Moore stated “this is my 12th year as a member of Parliament and I can tell her that except for the Liberal government’s Bill C-2, the response to 9/11, this legislation will have had more consideration at a stand-alone legislative committee and parliamentary and public consideration with all of the tens of thousands of submissions we received from Canadians in person and in writing and the consultations we did across the country before we drafted the bill.”

The government is right when it says there has been wide consultation (a recap of the 2009 copyright consultation here). The question is whether it has taken the public comments into account and conducted a full analysis of the implications of its current proposal. There is reason to believe that it has not.

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February 9, 2012 19 comments News

Global News on C-11 and SOPA

I participated in a Global News question and answer feature together with Howard Knopf on Bill C-11 and how it will affect Canadians.

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February 9, 2012 Comments are Disabled News

Bill C-11 has Disgruntled Canadians Taking Action

Yahoo’s The Right Click reports on the mounting protests from Canadians against the prospect of adding SOPA-style amendments to Bill C-11.

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February 9, 2012 3 comments News

Government Imposes Time Allocation on Bill C-11

Government House Leader Peter Van Loan announced yesterday that the government is imposing time allocation on the second reading debate on Bill C-11. That means debate on the bill should conclude on Friday and the bill will be sent to committee for further hearings and review. While the government’s overuse […]

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February 8, 2012 6 comments News

“Bill C-11 Is No SOPA”: My Response

Barry Sookman, lawyer and registered lobbyist for the Canadian Recording Industry Association (now Music Canada), the Motion Pictures Association – Canada, and Canadian Publishers Council, has an op-ed in the National Post claiming that concerns that proposed amendments to Bill C-11 could result in SOPA-style rules in Canada are the stuff of wild claims and hysteria.

The short response is that Sookman’s column – along with his clients – downplay the dramatic impact of their proposed amendments. Their proposed amendments to C-11 would radically alter the bill by constraining consumer provisions, heaping greater liability risk on Internet companies, and introducing website blocking and Internet termination to Canada. Several of these provisions are very similar in approach to SOPA in the U.S. and the comparison is both apt and accurate. Moreover, the column leaves the false impression that Bill C-11’s digital lock rules are standard when they are widely opposed by numerous stakeholders that Sookman would not dare to call anti-copyright.

There is much more to take issue with in the column and I’ve done so in paragraph-by-paragraph format below. Sookman’s column is posted in italics and my response immediately follows:

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February 8, 2012 63 comments News, News Interviews, Tv / Radio