The final version of ACTA (subject to a legal review at a meeting in Australia later this month) has now been posted online. The final version addresses the issues that were left unresolved following the Tokyo meeting this fall.
News
Copyright Fear Mongering Hits a New High: Writers Groups Post Their C-32 Brief
Perhaps most disappointingly, the groups had promised in August to offer “constructive suggestions”, particularly on the issue of fair dealing, which was said to require clear legislative guidance. Rather than offering proposed language for such guidance, the groups simply want to hit the delete key. Inclusion of education as a fair dealing category? Delete. Non-commercial user-generated content? Delete. Digital inter-library loans? Delete. Format shifting for private purposes? Delete.
At a time when the opposition parties are asking for constructive advice on how to determine the confines of issues such as fair dealing, the writers groups maintain that there is no scope for including education as a category and refuse to offer any suggested language to improve the bill. Instead, they offer hyperbolic claims about how C-32 violates international copyright law (despite the fact that the U.S. typically offers more flexibility on these issues) or will result in unfettered copying (ignoring the fact that fair dealing includes a test for determining whether the copying is fair).
The full issues and recommendations section from the document (in italics) – along with a much-needed reality check – are posted below:
Access Copyright Plea to Negotiate Too Little, Too Late
The letter has an air of desperation (not to mention hypocrisy given that it is addressed to the post-secondary education community, many of whom Access Copyright is seeking to exclude from the tariff hearings) as the realization sets in that the tariff process has emerged as the catalyst for many to rethink the need for the Access Copyright licence. Much like any insurance policy, if the price is right and the policy provides value, consumers are willing to pay the annual premium. When prices skyrocket and doubts emerge about the value of the policy, consumers tend to think about alternatives.
Information Commissioner Calls for Reinstatement of CAIRS
The Information Commissioner of Canada has called for the reinstatement of the CAIRS database, which provided access to past information requests. She notes rightly notes that the government could – and should – go much further than sites such as CAIRS.Info, which I launched a couple of years ago.
UK Court to Review Digital Economy Act
BT and TalkTalk, two leading UK ISPs, have won judicial review of the Digital Economy Act, which contains graduated response provisions. The court will assess whether the law conflicts with EU legislation.