The Globe and Mail's Jack Kapica has posted in an interesting story on a recent appearance on Canada AM by CRIA President Graham Henderson. Discussing the upcoming copyright bill, Henderson told viewers that "That there is no question that there is language in this proposed bill that is going to […]
"This is terrific news. Canada is one step closer to having a copyright law that will reflect the realities of the digital marketplace and allow the music industry a chance to prosper. We want to thank the government and the opposition parties for their support in getting to this stage." […]
With the government likely to introduce copyright legislation sometime in the next week or two, Canadians are likely to face a barrage of rhetoric from copyright owners, alternately saluting the government for introducing a copyright bill while also criticizing them for not going far enough to protect Canada's cultural industries.
I am certain I will have a thing or two to say about the bill once it is introduced, though assuming the government follows the plan unveiled in March, Canada is likely to get a bill that overwhelmingly addresses copyright owner interests (making available right, protection for technical protection measures rather than from them, new copyright rights for photographers and performers of sound recordings, etc.) with little for millions of individual Canadians other than the cold comfort that it could have been worse (the U.S. implementation of TPM protection and the adoption of a notice and takedown system, for example). There will be nothing on reforming the statutory damages provisions, moving toward fair use (as the Australians are considering), eliminating crown copyright, providing for greater transparency of the copyright collectives so Canadians have a better understanding of where the hundreds of millions of dollars collected each year ends up, and embracing policies that support the incredible flourishing of creativity that we are seeing on a daily basis today online.
It is not often that Members of Parliament engage in debates on domain name policies so yesterday’s extended debate in the House of Commons is worth noting.
The impetus for the debate is the registration by an opponent of same sex marriage legislation of domain names bearing the name of MPs who favour the legislation. The sites are pretty deceptive. For example, the Don Boudria site looks like it could be the MP’s official site with only a disclaimer that it is not the official site.
The legal response to this issue is pretty complex. CIRA’s domain name dispute resolution policy is expressly designed to protect good faith criticism sites. That provision was adopted out of concern for the impact under the ICANN UDRP which has seen many legitimate criticism sites transferred under the questionable claims of cybersquatting.