News

Public and Political Concern Over Usage Based Billing Gathers Steam

The increasing use of bandwidth caps and usage based billing models among Canadian ISPs may enjoy support from the CRTC, but the practice has begun to attract increasing critical attention in both the media and at the political level.  Yesterday, the NDP issued a release lamenting that “Canada is already […]

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January 21, 2011 86 comments News

Why Canada’s Fair Dealing Rules May Impede Free Speech: The Conservative Ads, the CBC, and Copyright

This week the Conservative party began airing a series of ads criticizing the opposition, including three that included short video clips from a CBC program.  The CBC has objected to the use of the footage, stating that its material should not be used in partisan advertising and noting that the Conservatives did not ask for permission to use the clip.  The Conservative party has responded by arguing that the use is covered by fair dealing and that no permission was needed.  According to the Fred DeLorety, the director of communications for the party, “It’s free speech. It’s free use.” To support its position, the Conservatives point to the use of a similar clip by C-SPAN in the United States under its fair use rules.  The argument seems to be that if it is fair use in the U.S., surely it is fair use (or dealing) in Canada (Stephen Taylor makes the same point in criticizing the CBC for not having a better grasp of fair use).

The problem with this argument is that is mistakenly presumes that the U.S. fair use provision covers the same ground as Canadian fair dealing.  It doesn’t.  Indeed, this is precisely why many have argued for a flexible fair dealing provision, which unfortunately is not found in current Copyright Act or in Bill C-32.

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January 19, 2011 32 comments News

Bell Telemarketers Generate Thousands of Complaints

The Toronto Star features a stunning article on tens of thousands of complaints filed with the CRTC over Bell’s telemarketing practices.  The report includes allegations of abusive and aggressive callers, including one instance of a death threat.

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January 19, 2011 1 comment News

CWTA Divided Over Consumer Protection Laws for Wireless Services

Mobilicity, one of the new wireless entrants, has issued a stinging release criticizing the Canadian Wireless Telecommunications Association over its response to the Manitoba consultation on consumer protection for wireless users.  The release includes: “We deeply disagree with the CWTA’s disregard for the need for more consumer protection not only […]

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January 18, 2011 3 comments News

Broadcasters Criticize CRTC Plan for Publicizing Digital Transition

Cartt.ca examines (sub required) the broadcaster responses to the CRTC’s plan to publicize the forthcoming broadcast digital transition.  CTV argues that the planned public service announcements would result in millions in lost advertising revenue.

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January 18, 2011 11 comments News