Michael Geist

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UK Court to Review Digital Economy Act

BT and TalkTalk, two leading UK ISPs, have won judicial review of the Digital Economy Act, which contains graduated response provisions. The court will assess whether the law conflicts with EU legislation.

November 11, 2010 — 1 comment — News

In Search of A Compromise on Copyright

Last week marked the return of the copyright debate to the House of Commons as Bill C-32 entered second reading. Six months after its introduction, it became immediately apparent that all three opposition parties will be seeking changes to the bill in return for their support. My op-ed in the Hill Times (Hill Times version, homepage version) notes that three issues stand out as the most contentious: digital locks, fair dealing reform, and the extension of the private copying levy.

Canadian Heritage Minister James Moore was quick to criticize opposition concerns, but garnering the requisite votes to pass the legislation will require compromise. The good news is that there may be a path to finding common ground on each issue.

November 10, 2010 — 41 comments — Columns

CPCC: Conservative Party “Hate People Who Make Art”

David Basskin, a director with the Canadian Private Copying Collective, offers startling comments regarding Bill C-32, stating that “we’re really at a loss to understand the capacity of the Conservative party to hate people who make art.”

November 10, 2010 — 6 comments — News

European Parliament Crowdsources Draft ACTA Resolution

Several Members of the European Parliament have posted a draft resolution on ACTA and encouraged the public to provide feedback.

November 10, 2010 — 1 comment — News

EU: ACTA Digital Lock Rules Don’t Cover Access Controls

Newly leaked documents produced by the European Commission provide insight into the EU’s view on the ACTA Internet enforcement chapter. The analysis confirms what should be obvious from the text – ACTA retains the flexibility that exists at international law in the digital lock rules by linking circumvention with copyright infringement. The EU interpretation again demonstrates that the Bill C-32 digital lock rules go far beyond what is required within WIPO and now within ACTA. Indeed, the European Commission states unequivocally that ACTA does not cover access controls nor acts not prohibited by copyright (would could include fair dealing). This provides further evidence that compromise language that links circumvention with actual copyright infringement is possible within Bill C-32 that will still allow Canada to be compliant with WIPO and ACTA.

The full European Commission analysis:

As far as technical protection measures (TPMs) are concerned the aim of this provision is that only circumvention undertaken to commit an IP infringement can be made subject to civil or criminal liability.

November 9, 2010 — 9 comments — News