Search Results for "c-11" : 409

Government To Impose Time Allocation on Copyright Debate

The government yesterday gave notice of time allocation on the Bill C-11 debate, which will cut short the debate over the copyright bill. The move does not come as a surprise, given the willingness to use time allocation for other bills and the Conservatives’ consistent position that it will not further amend the bill. As I’ve stated repeatedly, there is much to like in Bill C-11 including expanded fair dealing, new consumer exceptions, new rights for user generated content, the notice-and-notice approach for ISPs, and the a cap on non-commercial statutory damages (this came up during the House of Commons debate as Conservative MP Chris Alexander quoted my comment on some of the balanced provisions but omitted the criticism on digital locks). Moreover, the decision to reject demands for website blocking, notice-and-takedown, an iPod tax, and disclosure of subscriber information suggest that the bill could have been considerably worse.

However, the decision to leave the digital lock rules unchanged remains the bill’s biggest flaw and given the widespread opposition to the approach makes a mockery of Canadian Heritage Minister James Moore’s insistence that the bill reflects the public support. Yesterday, Moore defended the approach:

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May 15, 2012 42 comments News

Copyright Bill Back on the Agenda Next Week

The government has announced that Bill C-11, the copyright reform bill, will be back on the legislative agenda next week with the report stage and third reading set for Monday and Tuesday.

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May 11, 2012 9 comments News

Something for Nothing: The Non-Existent Benefit of Linking in the Access Copyright Deal

As debate over the AUCC – Access Copyright settlement spreads to campuses across the country, one of the talking points that has emerged is that the coverage of linking to content in the settlement provides some value to the education community. The model licence defines copy as:

any reproduction, in any material form whatever, including a Digital Copy, that is made by or as a consequence of any of the following activities

(k) posting a link or hyperlink to a Digital Copy. 

Critics argue that this provision gives the AUCC no value as there is simply no need to license such activities. The inclusion of the provision means students will be paying something – there must some notional part of the $26 annual fee that covers this section – for nothing. Supporters of the deal, including AUCC, claim otherwise. Indeed, the AUCC FAQ has two questions and answers on point:

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May 4, 2012 54 comments News

Stop Being Poor: U.S. Piracy Watch List Hits A New Low With 2012 Report

The U.S. Trade Representative released its annual Special 301 Report yesterday, unsurprisingly including Canada on the Priority Watch list. While inclusion on the list is designed to generate embarrassment in target countries, this year’s report should elicit outrage. Not only is the report lacking in objective analysis, it targets some of the world’s poorest countries with no evidence of legal inadequacies and picks fights with any country that dare adopt a contrary view on intellectual property issues.

The inclusion of Canada on the priority watch list is so lacking in objective analysis as to completely undermine the credibility of the report. The Canadian “analysis” amounts to 173 words that hits on the usual dubious complaints (and given criticism of countries such as Chile for their notice-and-notice system, Israel for their statutory damages rules, and many countries on border enforcement, the Canadian criticism will clearly not end with the enactment of Bill C-11). By comparison, China is treated as equivalent to Canada on the priority watch list, yet garners over 4,600 words.

Earlier this year, I completed a submission with Public Knowledge to the USTR Special 301 process that examined current Canadian law as well as Bill C-11. It concluded:

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May 1, 2012 21 comments News

What the Government Won’t Tell You Today About the Canada – EU Trade Agreement

The government is launching an all-out blitz on the proposed Canada – European Union Trade Agreement today with no less than 18 events planned across the country featuring 16 cabinet ministers and parliamentary secretaries. The speeches will emphasize the benefits of the proposed agreement to many areas of the economy, yet what is most noteworthy is what won’t be discussed. Industry Minister Christian Paradis is speaking, but he won’t be discussing copyright, patents, pharmaceuticals, or cultural policy as his speech will emphasize the pork industry. Canadian Heritage Minister James Moore won’t be talking about culture either as his speech is slated to focus on fish and seafood. And Health Minister Leona Aglukkaq is missing from the slate altogether.

The reason for the omissions are essential to understanding one of the primary sticking points with CETA. While the government says the deal is 75% completed, negotiators have consistently indicated that they left the toughest issues to the end. Those include rules of origin, agriculture, immigration and visa issues, and intellectual property.

The CETA intellectual property chapter leaked in 2010, revealing that the EU is seeking a complete overhaul of Canada’s IP laws. Initial demands on copyright included:

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April 27, 2012 10 comments News