Search Results for "c-11" : 409

Could SOPA Make Its Way Into Canadian Copyright Law?

Appeared in the Toronto Star on February 5, 2012 as Canada’s overhaul of copyright law could take on a SOPA flavour The battle over the Stop Online Piracy Act in the United States may have concluded with millions of Internet users successfully protesting against the bill, but many Canadians are […]

February 7, 2012 — Comments are Disabled — Columns Archive

Crafting Copyright Policy to Create a Competitive Advantage

Last month, the Hill Times ran a special section on copyright and new media. I contributed an op-ed (Hill Times version, homepage version) that linked copyright reform with the government’s emphasis on the Canadian economy. The column noted that one metric for assessing the effectiveness of copyright reform is to consider whether the bill uses the flexibility at international law to establish a competitive advantage when compared to our trading partners. The answer with Bill C-11 – even without the SOPA-style amendments sought by copyright lobby groups – is a mixed bag.

February 6, 2012 — 5 comments — Columns

The Daily Digital Lock Dissenter: The Series To Date

Throughout the fall, I ran a daily digital lock dissenter series, pointing to a wide range of organizations representing creators, consumers, businesses, educators, historians, archivists, and librarians who have issued policy statements that are at odds with the government’s approach to digital locks in Bill C-11. While the series took […]

January 30, 2012 — 15 comments — News

The ACTA Fight Returns: What Is at Stake and What You Can Do

The reverberations from the SOPA fight continue to be felt in the U.S. (excellent analysis from Benkler and Downes) and elsewhere (mounting Canadian concern that Bill C-11 could be amended to adopt SOPA-like rules), but it is the Anti-Counterfeiting Trade Agreement that has captured increasing attention this week. Several months after the majority of ACTA participants signed the agreement, most European Union countries formally signed the agreement yesterday (notable exclusions include Germany, the Netherlands, Estonia, Cyprus and Slovakia).

This has generated a flurry of furious protest: thousands have taken to the streets in protest in Poland, nearly 250,000 people have signed a petition against the agreement, and a Member of the European Parliament has resigned his position as rapporteur to scrutinize the agreement, concluding that the entire review process is a “charade.”

Some are characterizing ACTA as worse than SOPA, but the reality is somewhat more complicated. From a substantive perspective, ACTA’s Internet provisions are plainly not as bad as those contemplated by SOPA. Over the course of several years of public protest and pressure, the Internet provisions were gradually watered down with the removal of three strikes and you’re out language. Other controversial provisions on statutory damages and anti-camcording rules were made optional rather than mandatory.

While the Internet provisions may not be as bad as SOPA, the remainder of the agreement raises many significant concerns.

January 27, 2012 — 28 comments — News

Would a SOPA Version of the Canadian Copyright Bill Target Youtube?

My post this week on the behind-the-scenes demands to make Bill C-11, the current copyright bill, more like SOPA has attracted considerable attention with mainstream (National Post, La Presse) and online media (Mashable, Wire Report) covering the story. The music industry alone is seeking over a dozen changes to the bill, including website blocking, Internet termination for alleged repeat infringers, and an expansion of the “enabler” provision that is supposedly designed to target pirate sites. Meanwhile, the Entertainment Software Association of Canada also wants an expansion of the enabler provision along with further tightening of the already-restrictive digital lock rules.

The concern with expanding the enabler provision is that overly broad language could create increased legal risk for legitimate websites. As a result, new online businesses may avoid investing in Canada for fear of potential liability or costly lawsuits. My post cited concerns about SOPA being used to target sites like Youtube and the danger that that could spill over into Canada. Industry lawyer Barry Sookman responds in the National Post article, arguing that it is “inconceivable” and “not remotely possible” that the law could be used to shut down a mainstream site like Youtube.

Millions of Internet users certainly hope Sookman is right, yet recent experience suggests that the content industry is open to using these kinds of provisions in massive lawsuits against sites like Youtube. For example, consider the ongoing Viacom lawsuit against Youtube/Google.

January 25, 2012 — 28 comments — News