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Can Canada Learn Anything From Europe on Copyright?

IP Osgoode held an interesting one-day conference in Ottawa last week that brought together many European copyright experts for a discussion on what – if anything – Canada can learn from Europe on copyright. The event opened with a keynote address from Silke von Lewinski, a well-known supporter of the WIPO Internet treaties whose work is frequently cited by those arguing for DMCA-style implementation of digital lock rules.

Von Lewinski, who warned in her speech against NGOs and public interest groups active on copyright issues who she said were really fronts for telcos and ISPs, assured the audience that there were no problems with the digital lock rules in Europe with only one complaint in the many years since it was established (a positioned echoed by Mihaly Ficsor later in the day). It should be noted that other studies, such as this exhaustive one from the Institute for Information Law at the University of Amsterdam commissioned by the European Commission’s Internal Market Directorate General, come to a much different conclusion. It found numerous problems with situation in Europe, recommending:

To remedy the lack of legal certainty and harmonisation with respect to the legal protection of TPMs, and to align the European provisions with the EU’s international obligations under the WIPO Treaties, the EC legislator should consider clarifying the legal framework in four respects. First, the prohibition on acts of circumvention  should only find application in circumstances where the act of circumvention results in copyright infringement. 

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October 24, 2011 18 comments News

The Daily Digital Lock Dissenter, Day 14: Canadian National Institute for the Blind

The Canadian National Institute for the Blind was founded in 1918 and has grown into the primary resource of Canadians who are blind or partially sighted. The issue of digital locks impeding access for the blind has already been raised in the House of Commons debates on C-11, since the […]

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October 24, 2011 Comments are Disabled News

Lawful Access Clarified

The National Post runs a good article that tries to separate fact from fiction on the government’s forthcoming lawful access legislation.

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October 24, 2011 1 comment News

Was Canada’s Open Government Delay Part of the Plan?

The Canadian government’s open government initiative was back in the spotlight this week with Treasury Board President Tony Clement discussing the issue at a speech in Ottawa. I wrote about the open government in my weekly technology law column (homepage version, Toronto Star version) noting that seven months later the initiative is gathering dust. As of Monday, the original website – online at open.gc.ca – still featured a photo of Day, who retired from politics just one week after the initial announcement. The site had been last updated on March 18, 2011, the same date as the policy announcement. The site was updated over the past couple of days.

While some delays due to the election call were understandable, seven months of inaction led skeptics to wonder whether the entire announcement was little more than a publicity stunt.  The delays are particularly discouraging given Canada’s willingness to pressure others about the value of open government. Last month, Canada became one of 46 countries to join the Open Government Partnership, which is focused on the availability of information about governmental activities, supporting civic participation, and increasing access to new technologies for openness and accountability. A letter from Foreign Minister John Baird to U.S. Secretary of State Hillary Clinton confirming Canada’s participation noted the June Speech from the Throne that reaffirmed support for open data, open information, and open dialogue.

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October 21, 2011 5 comments Columns

The Daily Digital Lock Dissenter, Day 13: Canadian Historical Association

Founded in 1922, the Canadian Historical Association is a bilingual organization with 1,200 members scattered across Canada, the United States and the rest of the world, dedicated to scholarship in all fields of history. Its submission to the copyright consultation raised concerns about digital lock legislation: recommends that penalties for […]

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October 21, 2011 1 comment News