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Business Takes Sides in Net Neutrality Debate

My weekly technology law column (Toronto Star version, homepage version) looks at how the business community has begun to take sides in the net neutrality debate. Google led the charge with a submission to the CRTC in which it left little doubt about how it views the net neutrality issue.  The Internet search giant argued that "providers of broadband internet access services, including Bell, should be prohibited from throttling lawful applications.  The Internet is simply too important to allow them to act as such a gatekeeper; the Internet's myriad benefits can only be fully realized when Canadian carriers allow end users to choose the applications and content they prefer."

While Google's entry into the debate captured headlines, they were by no means alone. The Canadian Advanced Technology Alliance, Canada's largest high-tech association, warned that "the measures that Bell Canada is applying to manage the traffic of its Sympatico customers as well as its wholesale ISP customers is interfering with the ability of end-users to telecommute and/or work from their home offices and hindering our members from running their business and providing quick customer services." Bell's actions also attracted the attention of Skype, the popular Internet telephony service.  It cautioned that "for the Internet to remain innovative, and continue to deliver productivity gains for consumers and businesses, the CRTC must act – in this proceeding – to protect the interests of consumers."

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July 14, 2008 9 comments Columns

Globe on Appropos Exhibit

The Globe and Mail gives a positive review to the Appropos exhibit in Toronto, which demonstrates the negative effects of C-61 on appropriation artists.  Note that the Edward Day Gallery will host a Fair Copyright for Canada, Toronto chapter event on July 24th.  I'll be there to talk strategy.

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July 12, 2008 1 comment News

NDP Pledges To Make Copyright A By-Election Issue

The federal government is expected to call three by-elections within the next couple of weeks, with the voting set for early September.  One of the most hotly contested by-elections will the riding of Guelph, which currently held by the Liberals.  All three parties believe they have a shot at this […]

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July 11, 2008 9 comments News

61 Reforms to C-61, Day 15: TPMs – No Exception for Cell Phones

The 61 reforms series now shifts to several weeks worth of postings on the fundamentally flawed, dangerous, and stunningly overbroad anti-circumvention provisions in Bill C-61.  The digital lock rules have rightly been the primary focus of attention for most groups as they are far more restrictive than the Liberal's C-60, more restrictive than approaches in other countries such as New Zealand, and arguably even more restrictive than the rules under the U.S. DMCA.  The Canadian DMCA goes far beyond what is needed to comply with the WIPO Internet treaties and ultimately have the effect of eviscerating fair dealing in the digital environment. 

Even with the many reforms I plan to propose, the reality is that these provisions will still be problematic.  I question the need for anti-circumvention legislation (as do countries like Israel which declined to include it in their recent set of reforms).  If the government is committed to anti-circumvention legislation, however, major amendments are critical.

With an eye on the launch of the Apple iPhone in Canada today, I start the anti-circumvention problems with their effect on locked cellphones.  As currently drafted, the bill could make it an infringement to unlock a cellphone and would certainly make the distribution of programs used to unlock cellphones (or service providers that do so) illegal.  Why is this the case? 

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July 11, 2008 13 comments News

Stanton To Hold Town Hall Meeting on C-61

Bruce Stanton, the Conservative MP for Orillia and member of the Industry Committee, has promised to hold a town hall meeting on C-61 this summer.  It seems likely that the meeting comes in response to concerns from many groups about the potential effect of the bill.

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July 11, 2008 Comments are Disabled News