Search Results for "c-11" : 405

Challenging the New Digital Lock Talking Point: Why European Rules Are More Flexible Than C-11

The debate over C-11 resumed this week in the House of Commons with Paul Calandra, the Parliamentary Secretary to the Minister of Canadian Heritage, invoking a claim that raises the question of how the Canadian digital lock rules compare to those found in Europe. In response to the ongoing concerns with Bill C-11’s digital lock rules – they are easily the most discussed issue during the debates – Calandra stated:

We know that in Europe there is much greater support for TPMs and that has not actually reduced the availability of content online. Does she have any rationale for thinking Canada’s less stringent use of TPMs through the bill would somehow reduce the availability of content for Canadian consumers?

Calandra’s comments raise two issues: (1) whether the Europe has stricter support for digital locks; and (2) whether digital locks reduces the availability of online content.

The first issue is an important one since claims that Europe has stricter digital lock rules than those proposed in Bill C-11 are plainly inaccurate. Indeed, many Canadians would be far happier with the Bill C-11 digital lock rules if we matched some of the approaches found in Europe. European implementations include:

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November 24, 2011 14 comments News

Keystone XL and the Future of Bill C-11

In 2005, the then-Liberal government introduced Bill C-60, the first attempt at digital copyright reform in Canada. The bill included digital lock provisions that linked circumvention to copyright infringement (as supported today by dozens of Canadian organizations) and did not create a ban on the tools that can be used to circumvent. The approach was consistent with the WIPO Internet treaties, but left the U.S. very unhappy. 

For many years, the lead lobbyist against the C-60 approach and for a U.S. DMCA-style implementation was David Wilkins, the U.S. Ambassador to Canada during the Bush Administration. Wilkins regularly described Canadian law as the weakest in G7, lobbied successfully for anti-camcording legislation, wrote letters setting out the U.S. demands, and met with every Canadian minister on the file (his meeting with Industry Minister Bernier was chronicled in a Wikileaks cable). The U.S. pressure was ultimately successful as Bill C-61 included digital lock rules designed to satisfy their demands. While subsequent copyright bills (C-32 and C-11) do a better job of striking a balance on other copyright issues, the digital lock rules have remain unchanged because the U.S. demands have remained unchanged. 

Wilkins was back in the news this past weekend as the U.S. dealt the Canadian government a significant setback by delaying approval of Keystone XL pipeline. Wilkins, who was hired by the Canadian Association of Petroleum Producers to lobby for pipeline approval in the U.S., called the decision “politics at its worst.”

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November 14, 2011 11 comments News

Conservative MP on C-11’s Digital Lock Rules: No Risk of Liability for Breaking Locks

Since the introduction of Bill C-11 last month, the digital lock rules have emerged as the most contentious aspect of the bill with both the NDP and Liberals indicating they cannot support the legislation without changes to those provisions. While most of the Conservative responses have stuck to the talking point that they believe the bill is balanced, Conservative MP Lee Richardson, a member of the Standing Committee on Industry, recently provided a constituent with another reason for why the public should not be concerned by the digital lock rules.  According to Richardson:

If a digital lock is broken for personal use, it is not realistic that the creator would choose to file a law suit against the consumer, due to legal fees and time involved.

In other words, Canadians should not be concerned by digital lock rules because they can simply break the lock without fear of being sued. Richardson’s response raises several issues.

First, it is surprising to find Conservatives seeking support for their bill on the basis that Canadians need not worry about liability if they violate its provisions. Copyright reform is supposedly about updating Canada’s copyright rules and fostering greater respect for copyright law. Yet the message from Richardson suggests the opposite since Canadians will have less respect for copyright law as even their MPs tell them they need not fear violating the law given the minimal likelihood of a lawsuit.

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October 27, 2011 69 comments News

Bill C-11 Legislative Committee Membership Set

The government has unveiled the membership of the legislative committee that will review Bill C11.  Members include Conservative MPs Scott Armstrong, Peter Braid, Paul Calandra, Dean Del Mastro, Mike Lake, Phil McColeman, and Rob Moore; NDP MPs Charlie Angus, Tyrone Benskin, Andrew Cash, and Pierre Nantel; and Liberal MP Geoff […]

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October 27, 2011 3 comments News

Copyright Debate Hits the House of Commons: Opposition Won’t Support C-11 Due to Digital Locks

Copyright dominated debate at the House of Commons on Tuesday as Bill C-11 was the primary subject of debate. Digital locks was one of the most discussed issues (new levies were the other), with the main opposition parties lining up to oppose the bill due to the digital lock provisions.  For example, the NDP’s Charlie Angus stated:

Unless the digital lock provisions change, the New Democratic Party will not support the bill because it is not balanced.

Liberal Industry critic Geoff Regan stated:

the Liberal Party will not support Bill C-11. The digital lock provisions in this bill are far too strict and they override virtually every other right that is in the legislation.

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October 20, 2011 45 comments News