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Broadcasting Policy Without The Net

The CRTC's release of its much-anticipated broadcasting regulatory policy decision set off a flurry of comments yesterday with broadcasters welcoming the prospect of negotiating fees for their local signals, broadcast distributors warning of increased costs, and the CBC arguing that the decision was a "dark day" for public broadcasters after it was excluded from the negotiating process.  While there is understandably considerable discussion in the decision on programming requirements, the media focus centered on the fee-for-carriage issue.  On that front, the CRTC has opened the door to negotiations, subject to a court ruling confirming the Commission's jurisdiction to implement such an approach.

It seems appropriate that on the day the CRTC released its decision, a new study was published that found Canadians now spend more time online than watching television.  While the world is increasingly moving online, the CRTC decision acts as if the Internet scarcely exists.  The broadcasting policy decision mentions the Internet once (acknowledging that it is a platform for content distribution) and does not including any reference to streaming, Youtube, podcast, BitTorrent, or peer-to-peer (used by the CBC to distribute its content).  The word "consumer" is mentioned five times, though the consumer perspective will be addressed in a second report due later today to Cabinet.

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March 23, 2010 21 comments News

Study on NAF Domain Name Dispute Resolution Finds Disproportionate Panelist Allocation

In the summer of 2001, I published a study on the panelist allocation practices of domain name dispute resolution providers.  The study – Fair.com – found troubling evidence of systemic unfairness in the process.  Zak Muscovitch has published an updated study that finds that the concerns remain, with one panelist […]

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March 23, 2010 3 comments News

New ACTA Leaks: IP Categories and Border Measures

Another day, another ACTA leak.  There were two yesterday: KEI posted text from the general definition section of the draft to demonstrate the treaty goes well beyond counterfeits, while Le Monde Diplomatique posted details on the border measures chapter.

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March 23, 2010 1 comment News

Groups Voice Concern With ACTA Provisions

Ten civil liberties and library groups have written to the USTR to express concern over ACTA provisions.

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March 23, 2010 Comments are Disabled News

The EU ACTA Consultation: European Commission vs. European Parliament

The European Commission hosted a fascinating consultation on ACTA today.  Luc Devigne, the lead European negotiator, opened with a brief presentation and proceeded to field questions for over an hour.  The full consultation video is available online.  The discussion touched on many issues including Devigne arguing that the WTO consistently blocked any attempt to address IP enforcement issues and stating that the treaty is limited to enforcement and not new substantive provisions (this assumes that anti-circumvention rules are a matter of enforcement, not substance).

The two big issues of the day, however, were three strikes and the European Parliament ACTA resolution. On three strikes, Devigne repeatedly stated that the EU was bound by EU law and that it was not supporting any inclusion of three strikes in ACTA.  In fact, Devigne went further in claiming that no one had even proposed the possibility of three strikes.  This despite the fact that a memo produced by his own department stated:

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March 22, 2010 6 comments News