Post Tagged with: "c-11"

Montreal Gazette: Digital Lock Rules Cave To U.S.

The Montreal Gazette has published its masthead editorial on Bill C-11, the reintroduced copyright bill.  The Gazette (rightly in my view) says “for the most part the Copyright Modernization Act strikes a good balance between the rights of consumers to use products they buy and those of copyright-holders who are […]

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October 5, 2011 14 comments News

Commenting on James Moore’s Copyright Comments

Canadian Heritage Minister James Moore recently granted TVO’s Search Engine an interview on Bill C-11 and Canadian copyright reform. The interview demonstrates yet again that Moore is one of the government’s most skilled ministers – he knows the copyright file and is able to actively debate its merits. Yet the interview raised several points worth challenging.

At 4:30, host Jesse Brown raises the issue of the “book burning” provision that requires students and teachers to destroy lessons that rely on the exception within 30 days of the conclusion of the course. Moore moves quickly to the departmental talking points that I obtained under Access to Information, which claim that this is simply part of the balance. Yet few teachers will rely on a provision that mandates the destruction of their materials at the conclusion of a course and few students will want to have their materials destroyed. The provision is an illusion – it looks at first glance like it will assist education, yet practically it will be ignored. At 6:00, Moore continues by arguing that it is common for students to encounter “time limited” materials. But this provision does more than just create time limitations for students since it creates matching time limits for teachers, which effectively ensures it will rarely be used.

At 12:00, Brown and Moore engage in a discussion on digital locks, with Moore turning to the claim that the government isn’t imposing digital locks, that the free market should work, government should get out of the way, and creators should be able to protect themselves against people who want to hack into their product and steal from them. Brown notes that a better balance is available by linking circumvention to infringment, to which Moore goes right back to the department talking points that simply state the government has the right balance.

Moore’s response demands a few comments.

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October 4, 2011 52 comments News

The Daily Digital Lock Dissenter, Day 2: Canadian Consumer Initiative

The Canadian Consumer Initiative brings together four of Canada’s largest consumer advocacy groups: the Consumers Council of Canada, Option consommateurs, the Public Interest Advocacy Centre and Union des consommateurs. Their comments on Bill C-32 included: The legislation’s protection of digital locks will be detrimental to Canadian consumers and eliminate many […]

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October 4, 2011 3 comments News

The Daily Digital Lock Dissenter, Day 1: The Provincial Resource Centre for the Visually Impaired

With the introduction of Bill C-11 last week, the government plans to move swiftly to pass its copyright reform bill, including restrictive digital lock rules that have been roundly criticized by many consumer, education, and business groups from across the country. As the bill winds its way through the legislative […]

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October 3, 2011 41 comments News

Canada Signs ACTA: What Comes Next

Canada became an initial signatory to the Anti-Counterfeiting Trade Agreement over the weekend in Japan. Other countries to sign the agreement include Australia, Japan, Morocco, New Zealand, the Republic of Korea, Singapore and the United States.  That leaves out the majority of countries that were part of the negotiations as all the European Union countries, Switzerland, and Mexico attended the ceremony but did not sign. Canada’s decision to sign is not surprising given its participation throughout the negotiation process and the flexibility that was built into the agreement. While there are many concerns with ACTA (both procedural and substantive), it is not the agreement the U.S. envisioned when it started the process several years ago.

The signing of the agreement does not mean the agreement is enforceable yet. ACTA stipulates that it takes effect when six countries have deposited instruments of ratification, acceptance, or approval. In other words, most countries must still ratify the agreement (much like the WIPO Internet treaties, signing indicates general approval of an agreement but being bound by the terms requires ratification). 

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October 3, 2011 24 comments News