Search Results for "c-11" : 405

Entertainment Software Assoc: We’re For Tech Neutral Copyright (Except When We’re Against It)

One of the most frequently cited concerns with Bill C-11’s digital lock rules is that they create a two-tier legal framework that is technologically non-neutral. Where content does not have a lock or is in non-digital form, the usual copyright balance applies including fair dealing and consumer exceptions. However, with Bill C-11, once there is a digital lock included with the content, the balance disappears since the fair dealing and consumer exceptions can be overriden. A description of the situation:

The Bill also favours digital lock business models for the sale and delivery of content over unlocked means of dissemination. In the traditional model, copyright holders control the exclusive right to reproduce content onto CDs or DVDs. Once an unlocked copy is created, rights holders cannot control the application of copyright exceptions such as fair dealing. But the Bill creates a different situation simply because a copy of digital content is delivered with a digital lock. This is an economically inefficient interpretation of an Act that is meant to fairly balance the interests of rights holders and users to further the interests of society as a whole.

While consumer groups have been making this case against technological non-neutral copyright for months (and Charlie Angus raised precisely this point in the House of Commons yesterday expressing concern about a “two-tier set of rights”), the above quote is a slightly modified version of arguments by the Entertainment Software Association of Canada, one of the lead proponents of the digital lock rules.

November 25, 2011 — 17 comments — News

Canadian Anti-Counterfeiting Group Calls For Graduated Response, More Restrictive Digital Lock Rules

The Canadian Anti-Counterfeiting Network is back in the news today with a refreshed version of its 2007 report that recommended new border measure powers, legal reforms, and a massive increase of public tax dollars for enforcement and education programs. Many of those same recommendations are back with claims that the government should pour millions into anti-counterfeiting activities, increase criminal penalties, expand seizure powers, and ratify the Anti-Counterfeiting Trade Agreement.

On the Bill C-11 front, the CACN wants to gut many of the balancing provisions, including limiting the scope of the already overly restrictive digital lock exceptions, dropping the ISP notice-and-notice approach in favour of a graduated response that could lead to terminating Internet service for individual users, and removing the distinction between commercial and non-commercial infringement for statutory damages despite the fact that Canada is one of the few countries to have such damage provisions (which would pave the way for more Hurt Locker style lawsuits against individuals).

November 22, 2011 — 9 comments — News

Napster Drops Out of Canada, Warns Users Of Lost Purchases Due to Digital Locks

Napster Canada has advised its customers that it is shutting down operations effective December 16, 2011. The move comes weeks after Napster US became part of Rhapsody and users were assured that Canadians would be unaffected by the move. The company warns users to create backup copies of downloaded music […]

November 22, 2011 — 15 comments — News

File Sharing Lawsuits Progress in Canada as Dozens Face Payment Demands

Earlier this fall, I wrote about the return of file sharing lawsuits to Canada as the copyright owners of the film the Hurt Locker obtained a court order requiring three major ISPs – Bell, Videotron, and Cogeco – to reveal the identities of dozens of subscribers alleged to have downloaded the movie. I noted that the targeted Canadians would likely face the prospect of demands to pay thousands of dollars in order to settle the case (or spend thousands in legal fees fighting the claims in court).

Several months later, sources advise that the demand letters to alleged file sharers have been sent. Assuming the content of the letters mirrors that found in the U.S. (which it likely does), the subscribers face demands to pay $2900 to settle the case, which increases to $3900 if the target does not accept the offer within three weeks. A copy of a recent U.S. letter can be found here. The system is so automated that there is a website devoted to the settlements with “all major credit cards accepted.”

November 17, 2011 — 93 comments — News

Documentary Film Makers Put Canada’s Copyright in the Spotlight

The Documentary Organization of Canada warns that Bill C-11 “will throw out the long-standing legal principle of ‘fair dealing’ that allows producers to use content without permission if they are reporting or commenting on it.”

November 14, 2011 — 1 comment — News