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The Copycat Copyright Campaign

Yesterday Macleans.ca posted an article on copyright reform that calls attention to the growing public interest in copyright, last year's Bulte fight, and the prospect that Canadian Heritage Minister Oda could face similar opposition if the Conservatives introduce DMCA-like legislation in Canada.  The story arose in light of a BoingBoing posting that picked up on a Canadian Press story on "imminent" copyright reform.

While it is great that the article notes the public concern with copyright, I think it actually misses the mark in a couple of respects.  First, it argues that consumers "who have grown accustomed to the lax standards currently in place would see further regulation as an infringement on their rights."  I don't think that is quite right.  Canada does not have lax standards when it comes to copyright.  Our laws are compliant with our international obligations and indeed are far more restrictive in certain respects (ie. fair use) than laws found in the United States.  The outcry from the public won't happen because they're used to lax laws, but rather because if we're going to get reform, Canadians want the reform to reflect their needs rather than those promoted by the U.S. Trade Representative.

Second, by focusing on the role of bloggers, I think there is a danger of missing the bigger picture. 

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January 18, 2007 3 comments News

UK PM Responds to Private Copying Petition

The UK Prime Minister's Office has issued a response to a popular e-petition on its site calling for a private copying exception.  The response notes the similar Gowers Report conclusion and indicates that the government is considering how to implement the recommendation.  This is an interesting development not just for […]

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January 18, 2007 Comments are Disabled News

Ottawa Grocery Chain Fires Employees over Facebook Posting

The Ottawa Sun has the details on the firings.

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January 18, 2007 44 comments News

The Tyee on Net Neutrality

The Tyee does a nice job of providing the Canadian context behind the net neutrality debate.

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January 17, 2007 2 comments News

The Elephant and the Mountain

This morning I attended the oral hearing for Euro Excellence v. Kraft Foods, the Supreme Court of Canada's latest foray in copyright law in Canada.  The case involves the parallel importation of Toblerone (the mountain) and Cote D'Or (the elephant) chocolates from Europe into Canada.  The hearing involved some almost comical discussion about the creativity associated with the mountain and the elephant, punctuated by Justice Bastarache quizzing the lawyer for Kraft (who is trying to block the imports) whether "you really want us to believe that you want to protect an artistic work" and Justice Binnie asking whether the counsel thought that people purchase Toblerone because of the picture of a mountain on the package. 

While it is notoriously difficult to predict what the court will do based on the hearing, the court virtually gave Euro Excellence a free pass, while challenging Kraft at every turn.  Should the court overturn the Federal Court of Appeal and rule for Euro Excellence, there are two points worth keeping an eye on.  First, Justice Binnie noted that this case felt like an attempt to do through copyright what Kraft is unable to do through trademark law.  The court has been quick to dismiss attempts to substitute one form of IP right for another (consider the Mega Blocks case where the court rejected an attempt to use trademark law after a patent had expired) and might well do the same here.

Second, the court might wade into the doctrine of copyright misuse. 

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January 16, 2007 6 comments News