The Entertainment Software Association of Canada's Danielle LaBossiere Parr published an op-ed in the Calgary Herald supporting the digital lock provisions in C-32 (Heritage Minister James Moore saw fit to tweet the op-ed). The op-ed doesn't contain many surprises – entertainment software is booming in Canada (and has been for years without copyright reform) but the ESAC says without reforms the future of the business is threatened.
There are three claims that demand a response, however.
The copyright lobby's BalancedCopyrightforCanada.ca astroturfing site has added a new mandatory requirement for all users that want to participate in the Take Action items. According to a site user, the site now requires users to send a form letter to their relevant Member of Parliament. There are two letter options – one letter for entertainment industry employees and one general letter.
Surprisingly for a site claiming to support creativity and copyright, the letters do not provide users with the opportunity to even use their own words – the form letter cannot be edited. This is particularly striking given the earlier criticism from some of the same groups on a CCER form letter service that offered users complete control over the substance of their letter and merely served as a delivery channel. Notably, the site has already been subject to gaming from non-Canadians as a random search of members turned up at least one U.S. based record company executive with Warner Music.
The site user reports that the site briefly offered a third form letter for consumers. That letter has apparently been removed, perhaps because it adopted positions expressly opposed by Canadian creator groups. While the site purports to protect creator rights, the letter supported format shifting without levies (opposed by groups such as ACTRA) and educational reforms to fair dealing (opposed by writers groups). The consumer letter included the following:
With news that the House of Commons has taken a break for the summer, there will be no legislative committee examining Bill C-32 until the fall.
After a post on the Bloc's position on three strikes, I was contacted by Bloc Heritage critic MP Carole Lavallée, who wanted to clarify her position on the government's copyright bill. She provided a detailed response that argues that three strikes is worth considering and expressess doubt about the value of placing digital locks at the foundation of the new copyright bill. Lavallée notes that digital locks do little for creators and create considerable harm and frustration for consumers. She adds that WIPO is an obsolete approach, advocating instead for the introduction of a levy system.
It should be noted that this suggests that all three opposition parties have now expressed concern with C-32's digital lock provisions. The NDP have been outspoken in their opposition and Liberal critic Marc Garneau has indicated that the bill is missing an exception to allow consumers to break locks for private, non-commercial purposes. With the Bloc now stating that locks are not a solution, the minority Conservatives will need to find a compromise in order to pass the bill.
Her full response – posted with permission – is below:
The Edmonton Journal runs an op-ed on the negative implications of the digital lock provisions in C-32 for Canadian consumers.
The Law Bytes Podcast, Episode 202: David Soberman on the Reality Behind Claims Canadian Wireless Prices Have Been Cut in Half 
The Law Bytes Podcast, Episode 201: Robert Diab on the Billion Dollar Lawsuits Launched By Ontario School Boards Against Social Media Giants 
The Law Bytes Podcast, Episode 200: Colin Bennett on the EU’s Surprising Adequacy Finding on Canadian Privacy Law 
Debating the Online Harms Act: Insights from Two Recent Panels on Bill C-63 
The Law Bytes Podcast, Episode 199: Boris Bytensky on the Criminal Code Reforms in the Online Harms Act
Michael Geist
mgeist@uottawa.ca
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