Michael Geist

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The iPod Tax, the iTunes Tax and the Notepad Tax

Ariel Katz has a great post on the iPod Tax (“the Tories’ claim is not factually accurate”) and other copyright taxes, including the iTunes tax and the Notepad tax.

April 18, 2011 — 1 comment — News

Cancon, The Opera

The National Post’s Terence Corcoran takes on the broadcaster attempt to regulate Netflix, noting regulation supporters “want the Internet controlled through new rules and new charges that would expand their existing protection racket that now funnels billions into their hands and limits the freedom of Canadians.

April 18, 2011 — 2 comments — News

What a Difference Two Years Can Make: Canadian Broadcasters and Distributors on the Internet

The Globe and Mail is reporting that a coalition of broadcasters, broadcast distributors (cable and satellite companies), and creators groups have written to the CRTC to ask for a public consultation on over-the-top video providers such as Netflix. The letter states:

The Working Group believes indeed, like the Standing Committee, that foreign over-the-top services are becoming a significant presence in the domestic market. It is now public knowledge that a foreign over-the-top service operating in Canada has commissioned new exclusive dramatic content, including for the Canadian market. It is buying exclusive rights with studios in the windows of certain linear Canadian programming services. Therefore, the Working Group submits that the Commission should initiate the public consultation recommended by the Standing Committee.

The fight against Netflix is likely to escalate as broadcasters and broadcast distributors wrap themselves up in the Canadian flag and proclaim the future of Canadian content depends on new regulation of online video providers complete with Canadian content requirements and financial contributions (these are the same broadcasters arguing for decreased Canadian content requirements on their own networks).

The battle has been brewing over the past few months (I wrote about Shaw’s about face on regulation in January) and what is particularly striking is how badly Canadian broadcasters and broadcast distributors understood the future impact of the Internet on their businesses. The prospect of the Internet becoming a substitute for conventional broadcast was not exactly a secret at the new media hearing in 2009. In fact, I wrote about the hearing and the Internet streaming of movies in back-to-back columns just before the hearing started. But consider the comments of Canada’s broadcasters and broadcast distributors then and now. Earlier this month, Shaw told the CRTC:

April 15, 2011 — 49 comments — News

World Economic Forum’s Global IT Report: Where Canada Ranks

The World Economic Forum has published its Global Information Technology Report 2010-2011 that ranks countries on a wide range of information technologies metrics. The report describes itself as “the world’s most comprehensive and authoritative international assessment of the impact of ICT on the development process and the competitiveness of nations.” […]

April 13, 2011 — 31 comments — News

iPod Tax Fight Conceals Another Consumer Copyright Fee Hike

The Conservatives have launched another campaign over the iPod Tax today complete with website, video and Twitter account. I posted a lengthy account of the claims last December (short version – the Liberals on record now as opposing, the earlier record is open to debate), but the issue keeps returning. Given the attention to the issue, it is worth noting that Bill C-32, the Conservatives own copyright bill, would likely have led to a doubling of the fees that Canadians pay on blank CDs. Alternatively, it would have led to a dramatic reduction in revenues for Canadian artists. The reason stems from the government’s commitment to ratify the World Intellectual Property Organization’s Internet treaties and the legal requirements found in those treaties.

Canadian Heritage Minister James Moore has gone on record confirming that Bill C-32 would allow for ratification of the WIPO Internet treaties, telling the Bill C-32 Legislative Committee that â€œwhat is in this legislation – the ratification of WIPO, the fair-dealing policy, the digital protection measures – is a huge victory for all Canadians.â€

Yet what Moore did not say is that ratification of the WIPO Internet treaties requires Canada to provide “national treatment” to all artists (in other words, treat Canadian and foreign performers equally). Since the current private copying levy system does not provide national treatment, this would likely lead to a substantial increase in payments from Canadian consumers to foreign performers and makers and minimal increase in payments from foreign consumers to Canadian makers and performers.

April 12, 2011 — 11 comments — News