Ariel Katz has posted an important document that takes apart McMaster University’s Q & A on the Access Copyright model licence.
Latest Posts
The Battle over C-11 Concludes: How Thousands of Canadians Changed The Copyright Debate
There is no sugar-coating the loss on digital locks. While other countries have been willing to stand up to U.S. pressure and adopt a more flexible approach, the government, led by Canadian Heritage Minister James Moore on the issue, was unwilling to compromise despite near-universal criticism of its approach. It appears that once Prime Minister Stephen Harper made the call for a DMCA-style approach in early May 2010, the digital lock issue was lost. The government heard that the bill will hurt IP enforcement, restrict access for the blind, disadvantage Canadian creators, and harm consumer rights. It received tens of thousands of comments from Canadians opposed to the approach and ran a full consultation in which digital locks were the leading concern. The NDP, Liberals, and Green Party proposed balanced amendments to the digital lock rules that were consistent with international requirements and would have maintained protection for companies that use them, but all were rejected. Yet with an eye to the Trans Pacific Partnership as well as pressure from the U.S. government and U.S. backed lobby groups, seemingly no amount of evidence or public pressure would shift its approach. The net result is incredibly disappointing with even Conservative MPs assuring constituents that digital lock enforcement against individuals is unlikely (there are no statutory damages for non-commercial circumvention).
Despite the loss on digital locks, however, the passage of Bill C-11 features some important wins for Canadians who spoke out on copyright.
Ottawa Airport Wired for Surveillance
The Ottawa Citizen reports that the Ottawa airport has been wired for surveillance with Canada Border Services Agency preparing to record travellers’ conversations. David Fraser rightly questions the legality of the CBSA plan.
The MPAA’s Secret Lobby Campaign on Bill C-11 and a Canadian SOPA
To get a sense of how rare these meeting were, this is the only registered meeting John Baird has had on intellectual property since Bill C-11 was introduced and ACTA was signed by Canada. Similarly, since the introduction of Bill C-11, James Moore has only two intellectual property meetings listed – this one with MPA-Canada and one in March 2012 with the Canadian Wireless Telecommunications Association (in fact, Moore had only three meetings on intellectual property in all of 2011. Those meetings were with MPA-Canada, the Canadian Recording Industry Association, and the Canadian Chamber of Commerce). Even the Simon Kennedy meeting was a rarity as he has had multiple meetings with pharmaceutical companies, but only two (MPA-Canada and the Canadian Council of Chief Executives) that appear to have included copyright.
Given how unusual it is for a single lobby group to gain access to two of Canada’s leading cabinet ministers and a senior department official on the same day, it begs the question of how they did it.
ICANN Releases List of New TLD Applications
ICANN has released the list of nearly two thousand new top-level-domain applications. Canadian applications include the Canadian Real Estate Association applying for .mls, Rogers applying for .chatr, .rogers. and .fido, and a new group seeking .quebec.
Recent Posts
Canadian Government Caves on Digital Services Tax After Years of Dismissing the Risks of Trade Retaliation 
The Law Bytes Podcast, Episode 238: David Fraser on Why Bill C-2’s Lawful Access Powers May Put Canadians’ Digital Security At Risk 
Ignoring the Warning Signs: Why Did the Canadian Government Dismiss the Trade Risks of a Digital Services Tax? 
Why Bill C-2 Faces a Likely Constitutional Challenge By Placing Solicitor-Client Privilege at Risk 
The Law Bytes Podcast, Episode 237: A Conversation with Jason Woywada of BCFIPA on Political Party Privacy and Bill C-4
