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Canadian Government Has Consulted on Copyright but Won’t Consider How Its Law Will Be Enforced

The government imposed time allocation yesterday on Bill C-11, a move that will wrap up second reading debate on the copyright reform bill on Friday and send it to the Bill C-11 committee soon thereafter. While the government’s overuse of time allocation is certainly a concern, the debate is not over and several well coordinated tweets of support hardly mask the huge public concern with the bill’s digital lock rules and proposed SOPA-style amendments proposed by several copyright lobby groups that has generated tens of thousands of emails to MPs in recent days. As described further below, the opposition stems from rules that will have an impact on the legitimate activities of millions, creating barriers to creators, students, journalists, researchers, and the visually impaired.

During yesterday’s debate, several Conservative MPs emphasized that the copyright bill is one of the most consulted pieces of legislation in recent memory.  For example, Canadian Heritage Minister James Moore stated “this is my 12th year as a member of Parliament and I can tell her that except for the Liberal government’s Bill C-2, the response to 9/11, this legislation will have had more consideration at a stand-alone legislative committee and parliamentary and public consideration with all of the tens of thousands of submissions we received from Canadians in person and in writing and the consultations we did across the country before we drafted the bill.”

The government is right when it says there has been wide consultation (a recap of the 2009 copyright consultation here). The question is whether it has taken the public comments into account and conducted a full analysis of the implications of its current proposal. There is reason to believe that it has not.

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February 9, 2012 19 comments News

Global News on C-11 and SOPA

I participated in a Global News question and answer feature together with Howard Knopf on Bill C-11 and how it will affect Canadians.

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February 9, 2012 Comments are Disabled News

Bill C-11 has Disgruntled Canadians Taking Action

Yahoo’s The Right Click reports on the mounting protests from Canadians against the prospect of adding SOPA-style amendments to Bill C-11.

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February 9, 2012 3 comments News

Government Imposes Time Allocation on Bill C-11

Government House Leader Peter Van Loan announced yesterday that the government is imposing time allocation on the second reading debate on Bill C-11. That means debate on the bill should conclude on Friday and the bill will be sent to committee for further hearings and review. While the government’s overuse […]

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February 8, 2012 6 comments News

Will Canada – China Changes Include a Shift on Intellectual Property?

Prime Minister Stephen Harper arrived in China today for a high profile visit aimed at improving the Canada- China economic ties. Many have noted the change in tone from the Canadian government on China on rights issues, but the intellectual property story is worth noting here as well. Unlike a U.S. visit, which is likely to place IP issues at the very top of the list, the Canadian visit is unlikely to emphasize the issue. Indeed, Canada would do well to consider shifting its approach to China on intellectual property.

While China-based piracy is unquestionable a concern, Canada has too often used the issue to curry favour with the U.S. at the expense of developing the China relationship. In recent years, our support for the Anti-Counterfeiting Trade Agreement (which deliberately excluded China) and now the Trans Pacific Partnership (which also excludes China) does little to help relations. China could be a strategic ally on global IP issues as both countries face significant external pressure for reform. While compliance with international rules should be the starting point for any dialogue, focusing on the flexibility that exists at international law to address domestic concerns is in both our interests.

The biggest Canadian blunder was the decision to join a U.S. complaint against China at the World Trade Organization in 2007 alleging that China’s domestic laws, border measures, and criminal penalties for intellectual property violations did not comply with its international treaty obligations. The case was a big loss. China was required to amend parts of its copyright law but on the big issues – border measures and IP enforcement – almost all of the contested laws were upheld as valid.

More interesting are the background documents that demonstrate that the Canadian government was unable to muster credible evidence of harm among Canadian companies.

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February 7, 2012 4 comments News