Search Results for "Law Bytes" : 862

Misleading RCMP Data Undermines Counterfeiting Claims

My weekly Law Bytes column (Toronto Star version, Ottawa Citizen version, homepage version) focuses on the growing attention paid to counterfeiting and the use of misleading data as part of the debate. The RCMP has been the single most prominent source for claims about the impact of counterfeiting in Canada since its 2005 Economic Crime Report pegged the counterfeiting cost at between $10 to 30 billion dollars annually. The $30 billion figure has assumed a life of its own with groups lobbying for tougher anti-counterfeiting measures regularly raising it as evidence of the dire need for Canadian action.  U.S. Ambassador to Canada David Wilkins cited the figure in a March 2007 speech critical of Canadian law, while the Canadian Anti-Counterfeiting Network, Canada's leading anti-counterfeiting lobby, reported in April that the "RCMP estimates that the cost to the Canadian economy from counterfeiting and piracy is in the billions."

Yet despite the reliance on this figure – the Industry Committee referenced it in its final report – a closer examination reveals that the RCMP data is fatally flawed.  Responding to an Access to Information Act request for the sources behind the $30 billion claim, Canada's national police force last week admitted that the figures were based on "open source documents found on the Internet." In other words, the RCMP did not conduct any independent research on the scope or impact of counterfeiting in Canada, but rather merely searched for news stories on the Internet and then stood silent while lobby groups trumpeted the figure before Parliament.

A careful examination of the documents relied upon by the RCMP reveal two sources in particular that appear responsible for the $30 billion claim.  

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September 18, 2007 — 25 comments — Columns

A Digital Economy Blueprint For the New Industry Minister

Jim Prentice, Canada's new Industry Minister, has been on the job for less than a week, yet his appointment has already sent a buzz through the business community.  With a member of Prime Minister Stephen Harper's inner circle now at the helm, promoting Canada's global economic competitiveness promises to become a core priority on the government's fall agenda. While some political commentators maintain that the issue rarely translates into voter support, my weekly Law Bytes column (Ottawa Citizen version, homepage version) argues that the good news for Prentice is that reforms focusing on digital issues represent both good policy and smart politics.  By prioritizing three issues – communication, copyright, and consumer confidence – he has the opportunity to establish a forward-looking framework that can serve as a model for other countries and provide a payoff at the ballot box.

On the communication front, analysts are divided on whether recent deregulation will result in reduced prices for consumers; however, there is near-universal agreement that deregulation alone is not enough. 

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August 21, 2007 — Comments are Disabled — Neutrality

A Digital Economy Blueprint For the New Industry Minister

Jim Prentice, Canada's new Industry Minister, has been on the job for less than a week, yet his appointment has already sent a buzz through the business community.  With a member of Prime Minister Stephen Harper's inner circle now at the helm, promoting Canada's global economic competitiveness promises to become a core priority on the government's fall agenda. While some political commentators maintain that the issue rarely translates into voter support, my weekly Law Bytes column (Ottawa Citizen version, homepage version) argues that the good news for Prentice is that reforms focusing on digital issues represent both good policy and smart politics.  By prioritizing three issues – communication, copyright, and consumer confidence – he has the opportunity to establish a forward-looking framework that can serve as a model for other countries and provide a payoff at the ballot box.

On the communication front, analysts are divided on whether recent deregulation will result in reduced prices for consumers; however, there is near-universal agreement that deregulation alone is not enough. 

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August 21, 2007 — 2 comments — Columns

Getting Social Networks to Socialize

My weekly Law Bytes column (Toronto Star version, Ottawa Citizen version, homepage version) focuses on the lack of interoperability between social networking sites.  While not quite spam, the steady stream of requests for Facebook friends, LinkedIn connections, Dopplr travellers, or Plaxo contact updates, highlights the lack of interoperability between social network sites and significantly undermines their usefulness.

The interoperability issue is likely to become more prominent in the months ahead as hundreds of specialty social networking sites covering virtually every area of interest from dogs to cooking, jostle for new users.  In fact, services such as Ning now enable anyone to create their own social network site.  The result is that Internet users are repeatedly required to re-enter their personal information for each new network they join and find that each network is effectively a "walled garden", where the benefits of the network are artificially limited by the inability to link a friend in Facebook with one in MySpace.

These limitations are particularly striking when viewed from a global perspective.  While Facebook is a leader in Canada (as well as in the United Kingdom, South Africa, and Norway), nearly a dozen other sites hold leadership positions in other countries.  These include:

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August 14, 2007 — 10 comments — Columns

Ipod Levy May Yet Face The Music

My weekly Law Bytes column (Toronto Star version, Ottawa Citizen version, homepage version) focuses on last month's Copyright Board decision that re-opens the door to placing a levy of up to $75 on iPods as part of the private copying levy.  I note that the case may create a sense of déjà vu, since it marks the second time that the Canadian Private Copying Collective, the collective that has pocketed more than $150 million from the levy since 2000, has sought to include iPods within the levy system.  It first introduced an iPod levy in 2003, only to have the Federal Court of Appeal strike it down as the court declared that "it is for Parliament to decide whether digital audio recorders such as MP3 players are to be brought within the class of items that can be levied. . .as [the law] now reads, there is no authority for certifying a levy on such devices or the memory embedded therein."

Notwithstanding the Court's unambiguous language, the CPCC reintroduced the iPod levy earlier this year, arguing that the MP3 player comments were "obiter"(a legal reference to a passing remark that does not form a necessary part of the court's decision). Canadian retailers and storage media companies unsurprisingly challenged that interpretation, leading to last month's ruling that sided with the CPCC. The Copyright Board did not mince words, suggesting that the levy could also be applied to cellphones and personal computers, and warning that excluding the iPod from the levy system would "instantly makes the conduct of millions of Canadians illegal, and even possibly criminal."

The decision will presumably be appealed, virtually guaranteeing years of litigation that promises to divert millions of dollars earmarked for artists to lawyers instead. While the legal challenges are important, the political repercussions carry greater significance since they may lead to dramatic changes to both the levy and the Copyright Board.

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August 6, 2007 — 4 comments — Columns
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